Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is a final Office action in response to Applicant’s remarks and amendments filed on 12/18/2025. Claim 1 is amended. Claim 2 is cancelled. Claims 1, 3 – 4, 6 – 14, and 16 – 21 are pending in the current Office action.
The 102/103 and 103 rejections set forth in the previous Office action are withdrawn. A new grounds of rejection, necessitated by applicant’s amendment to claim 1 is presented below.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 12 is objected to because of the following informalities: The subject matter of claim 12 is redundant. Specifically, Claim 1 from which claim 12 is also dependent on, already establishes that the functional layer is between the current collector and the negative active material layer. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “a functional layer between the current collector and negative active material layer or on the negative active material layer”, and the claim also recites “wherein the functional layer is between the current collector and the negative electrode active material layer” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 3 – 4, 6 – 14, and 16 – 21 are similarly rejected due to their dependency on claim 1.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3 and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 3 and 13 recite “wherein the functional layer is on the negative electrode active material layer”. Claims 3 and 13 depend from claim 1 which recites “a functional layer between the current collector and negative active material layer or on the negative active material layer…wherein the functional layer is between the current collector and the negative electrode active material layer”. Therefore, Claims 3 and 13, which recite a structure outside of the claimed scope of Claim 1 {i.e. the recitation of claim 1 limits the scope of the negative electrode structure to a structure where the functional layer is between the current collector and the negative electrode active material}, do not appear to incorporate the limitations of the claim upon which they depend. For the sake of compact prosecution, as long as the limitations of Claim 1 are met, it will be interpreted that the limitations of Claims 3 and 13 are also met.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3 – 4, 6 – 14, and 16 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN111710832A, Machine translation provided) in view of Wu (US PG Pub. 2022/0209218 A1, cited in previous Office action mailed 10/01/2025) and Choi (US PG Pub. 2021/0249648 A1).
Regarding Claims 1, 3, and 11 – 13, Zhao discloses a negative electrode ([0010]), comprising a current collector (Fig. 2, 1; [0011];[0156]); a negative active material layer (Refer to layer including active material 2 and active material layer binder 3 in Fig. 2; [0013];[0156]); and a functional layer between the current collector and the negative active material layer (porous composite layer; Refer to layer including inorganic conductive material 4 and adhesive polymer 5 in Fig. 2; [0012];[0014];[0156]).
The porous composite layer taught by Zhao reads on being a functional layer because the porous composite layer has a function when included in the negative electrode, specifically the porous composite layer increases adhesion between the silicon-containing negative electrode active material layer and the current collector; suppresses expansion of the silicon-negative electrode active material, and assists in transmitting electrons ([0021];[0023];[0026]).
Zhao teaches that the inorganic conductive material of the porous composite layer can be one or more from a metal material and a carbon material having electronic conductivity and further suggests using nanosized particles by teaching having the average particle size of the conductive material be 0.01µm {i.e. 10 nm} – 10 µm ([0016];[0019]), as such in light of [0033 – 0034] and [0037 – 0038] of the instant specification, Zhao at least suggests having a porous composite layer {i.e. corresponds to claimed functional layer} containing both a nanometal and nanocarbon.
Selection of both a carbon and metal conductive material for the porous composite layer of Zhao would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, because such a selection would be from a finite list of conductive materials taught by Zhao and further would be a combination of conductive material suggested by Zhao to be suitable for achieving the desired effects of improved bonding effect and conductivity ([0019];[0021]).
To further render obvious the claimed limitation of “the functional layer containing a nanometal and nanocarbon” the following teachings Wu are relied upon.
Wu teaches a negative electrode including a composite layer 14 that also acts as a functional layer for the negative electrode, that is the composite layer in Wu has a function of effectively making the concentration of lithium ion flow at the surface of the negative electrode uniform, inhibiting dendrite grown, and mitigating volume swelling of the electrode during battery charging/discharging (Fig. 2; [0019][0024];[0042]). The composite layer in Wu includes a binder material, lithophilic conductive carbon nanoparticles, and metal nanoparticles ([0027];[0030];[0035 – 0036];[0039]). Lithophilic conductive carbon nanomaterials taught by Wu include graphite, fluorocarbon, nitrogen-doped graphite, nitrogen-doped graphene, or a combination thereof and metal nanoparticles taught by Wu include silver, gold, tin, zinc, magnesium, or a combination thereof ([0030];[0036]); thus, Wu appears to teach a functional layer composition that overlaps in scope with porous composite layer composition taught in Zhao. The combination of the lithophilic nanoparticles and metal nanoparticles are taught by Wu to allows for both effective inhibition of lithium dendrite formation/swelling mitigation as well as uniform electronic flow ([0019];[0036 – 0038]). Wu further teaches that nano-sized particles {i.e. less than or equal to 100 nm} allow for more uniform lithium ion flow ([0031];[0037]).
Therefore, it would have been further obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the combination of inorganic conductive materials particularly be a combination of lithophilic conductive carbon nanomaterial and metal nanoparticle as taught by Wu, because such a selection of conductive materials are within the scope of conductive materials taught by Zhao (Zhao: [0016]; Wu: [0030 – 0031];[0036 – 0037]) and, as taught by Wu, such a combination of conductive material would have a reasonable expectation of success in achieving benefits such as effective inhibition of lithium dendrite formation/swelling mitigation as well as more uniform electronic flow.
As established above, modified Zhao includes both a nanometal and a nanocarbon material. Generally, Zhao teaches having the mass ratio polymeric material/inorganic conductive material be preferably 10:90 to 85:15 ([0021]). Furthermore, the porous composite layer is only taught to include polymer material having adhesiveness and inorganic conductive material ([0016]). As such, Zhao suggests using a total amount of conductive material that, with respect to the conductive material composition of modified Zhao, provides an amount of nanometal based on 100 wt% of the functional layer that would overlap/at least encompass the claimed range {i.e. the amount of nanometal in modified Zhao would be an amount included in the range of 15 – 90 wt% based on 100 wt% of the modified porous composite layer based on the taught mass ratio in Zhao}.
Zhao further teaches that decreasing the amount of polymer material in the porous composite layer composition decreases the bonding performance of the layer ([0021]). Decreases in the amount conductive material is taught by Zhao to result in decreases in electronic conductivity, increases in battery internal resistance, and decreases in battery capacity and cycle performance ([0021]).
Wu additionally teaches controlling the weight ratio of lithophilic nanoparticle to metal nanoparticles for the purpose of balancing the effects of the nanoparticles included in the composite layer ([0038]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have optimized the amount of nanometal in modified Zhao to be within the claimed range, with a reasonable expectation of success that such an amount would result in a porous composite layer with sufficient conductivity/optimized effects of the nanometal conductive material while preventing decreases in bonding performance of the layer and a loss of the effects of the nanocarbon material, with a reasonable expectation of success and without undue experimentation [See MPEP 2144.05(II)].
The negative electrode active material layer in Zhao is taught to include a silicon-containing negative electrode material, a conductive agent, a thickener, and a binder ([0027]); therefore, Zhao further discloses wherein the negative active material layer comprises a negative active material.
Silicon-containing negative electrode materials explicitly taught by Zhao include silicon-carbon composite materials (including nano-silicon-carbon material) and silicon-oxygen composite material (including silicon oxide composite material) ([0028]). Zhao also teaches mixing the silicon-containing composite material with one or more carbon materials ([0030]).
Zhao does not explicitly disclose an embodiment wherein the negative active material is a Si-C composite and crystalline carbon.
Choi teaches a negative electrode active material for a lithium-ion battery that includes: at least one particle selected from a composite crystalline carbon particle (A) including a crystalline carbon core and an amorphous carbon coating layer surrounding the core; a composite crystalline carbon-silicon particle (B) including a mixed core of a crystalline carbon and silicon and an amorphous carbon coating layer surrounding the core; and a composite silicon particle (C) including a silicon core and an amorphous carbon coating layer surrounding the core ([0025]). Choi further particularly teaches that when the negative active material includes the composite crystalline carbon particle (A) and the composite crystalline carbon-silicon particle (B), cycle-life characteristic may be further improved ([0038]).
Therefore, since Zhao already teaches using Si-C composite anode materials and mixing such active materials with carbon materials, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to use as the anode active material of Zhao an anode active material mixture as taught by Choi, and thus obtain an anode active material within the claimed scope, with a reasonable expectation of success in furthering Zhao’s goal of obtaining a negative electrode with suppressed expansion of a Si-containing active material (Zhao: [0026]; Choi: [0033]) and obtaining an active material capable of providing improved cycle-life characteristics.
Zhao further discloses a rechargeable lithium ion battery ([0048 – 0049]), comprising the negative electrode (Refer to rejection of claim 1 and [0048 – 0049]); a positive electrode ([0049 – 0050]); and an electrolyte ([0049];[0051 – 0052]) (Claim 11).
Furthermore, by including the porous composite layer between the collector and the silicon-containing active material ([0012];[0014];[0156]), the negative electrode of Zhao is interpreted as also reading on the recited limitations of Claims 3 and 13 (See 112(d) rejection section above).
Regarding Claims 4 and 14, modified Zhao discloses all limitations as set forth above. The porous composite layer of modified Zhao includes silver, gold, tin, zinc, magnesium, or a combination thereof as the conductive metal material (Wu: Table 2; [0036]), which is within the claimed scope of Ag, Pt, Al, Zn, Au, Mg, Ge, Cu, In, Ni, Bi, or a combination thereof.
Regarding Claims 6 and 16, modified Zhao discloses all limitations as set forth above. Modified Zhao includes, as the conducive material of the porous composite layer, a combination of a carbon conductive material and a metal conductive material, particularly, as established above, a lithophilic carbon nanoparticle and metal nanoparticle as taught by Wu (Zhao: [0016]; Wu: [0030 – 0031];[0036 – 0037]).
Modified Zhao does not explicitly disclose wherein the mixing ratio of the nanometal and nanocarbon is about 10:90 to about 40:60 by weight.
Wu teaches a using a weight ratio of 1:8 to 1:1 of nanometal to lithophilic particle for the purpose of achieving effectively uniform lithium ion concentration flow and promoting the conversions of lithium ions ([0038]). Wu further teaches that increases or decreases in the weight ratio effects the capability of the functional coating to inhibit dendrite growth and mitigate volume swelling for the electrode ([0038]).
Since modified Zhao’s composite porous layer includes lithophilic carbon nanoparticles and metal nanoparticles as taught by Wu, selection of a mixing ratio of nanometal and nanocarbon within the range taught by Wu, and further within the overlapping portion of the taught range and claimed range, would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to optimize the effects of the particles {i.e. inhibit dendrite growth/mitigate volume swelling vs. uniform lithium ion flow/conversion}, with a reasonable expectation of success and without undue experimentation [See MPEP 2144.05(II)].
Regarding Claims 7 – 8 and 17 – 18, modified Zhao discloses all limitations as set forth above. Zhao further teaches wherein the functional layer has a thickness of 0.02 µm {i.e. 200 nm} – 12 µm ([0017]), which is within the claimed range of greater than or equal to about 50 nm (Claims 7 and 17) and further within the claimed range of about 50 nm to 20 µm (Claims 8 and 18).
Regarding Claims 9 and 19, modified Zhao discloses all limitations as set forth above. The porous composite layer of modified Zhao includes a lithophilic carbon nanoparticle as the carbon conductive material. The lithophilic carbon nanoparticles are graphite, fluorocarbon, nitrogen-doped graphite, nitrogen-doped graphene, or a combination thereof (Wu: [0030]). In example 5, Wu also teaches an embodiment of where the lithophilic nanoparticle is particularly carbon black ([0055]). As such, the selection of nanocarbon in modified Zhao overlaps the scope of the claimed selection: carbon black, acetylene black, Ketjen black, Denka black, carbon nanotubes, carbon nanofibers, graphite, or a combination thereof.
Since Wu teaches/exemplifies a finite list of lithophilic carbon nanoparticles, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, when selecting a lithophilic carbon nanoparticle for the composite porous layer of modified Zhao, to select a nanocarbon material within the overlapping portion of Wu’s taught list and claimed list, with a reasonable expectation of success that such a selection would be a suitable carbon conductive material for the porous composite layer and further be a selection that provides the conductivity increase effect desired by Zhao {i.e. Zhao already suggests using materials such as carbon black, graphite, and graphene for conductivity purposes ([0019];[0021]) as well as the effects taught in Wu {i.e. lithium dendrite inhibition/reduced volume swelling (Wu: [0019];[0028];[0030]).
Regarding Claims 10 and 20, modified Zhao discloses all limitations as set forth above. Zhao further discloses wherein the functional layer further includes binder (polymer material having adhesiveness; [0016];[0020]).
Regarding Claim 21, modified Zhao discloses all limitations as set forth above. Zhao teaches including the porous composite layer {i.e. corresponds to functional layer} in a layer between the current collector and the negative electrode active material (Fig. 2; [0010 – 0014]). Modified Zhao, as established above, includes a combination of a conductive metal nanoparticle and a lithophilic carbon nanoparticle as the conductive material of the porous composite layer (Refer to rejection of claim 1 and Zhao: [0016]; Wu: [0030 – 0031];[0036 – 0037]). As such, modified Zhao, as established above, further includes the claimed structure of wherein the functional layer is a single layer directly between the current collector and the negative active material layer and the functional layer includes a mixture of the nanometal and the nanocarbon.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.Y.O./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 3/12/2026