DETAILED ACTION
Claims 1 and 5-20 are presented for examination, wherein claims 1 and 20 are currently amended; plus, claims 6-19 are withdrawn. Claims 2-4 are cancelled.
The 35 U.S.C. § 103 rejection of claims 1, 5, and 20 over Kwon is withdrawn, as a result of the amendments to claim 1, from which claim 5 depends, and claim 20.
The applicants’ August 11, 2023 Petition to Make Special under the Climate Change Mitigation Pilot Program was granted on September 20, 2023 by the USPTO.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 22, 2026 has been entered.
Response to Declaration Under 37 CFR § 1.132
The declaration under 37 CFR 1.132 filed on September 8, 2025 is insufficient to overcome the rejection of claims 1, 5, and 20 based upon Kwon et al (KR 2017/0075963) as set forth in the last Office action because of the following.
The declarant declares the following.
5. The claimed invention is directed to an anode for secondary battery comprising an anode current collector; and an anode mixture layer formed on at least one surface of the anode current collector and comprising an anode active material and a binder, wherein the anode mixture layer comprises a first area on the anode current collector, a second area on the first area, and a third area on the second area, wherein the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 1: [Formula 1] 1/7 ≤Iarea2/Iarea1 ≤ 2/3, wherein Iareal refers to a peak intensity corresponding to the binder included in the first area, and Iarea2 refers to a peak intensity corresponding to the binder included in the second area. I hereby provide additional evidence that the claimed range is critical compared to values outside the range. Notably, when the ratio Iarea2/Iarea1 is within the claimed range, including the lower (1/7) and upper (2/3) limits of Iarea2/Iarea1, the anode exhibits superior performance. However, when the ratio slightly exceeds the upper limit (2/3) or falls slightly below the lower limit (1/7), these advantages are no longer observed. For example, Examples 7 and 8, which fall within the claimed range (Iarea2/Iarea1) 0.146 and 0.645, respectively), exhibit both high capacity retention (95.0% and 92.2%) and no observable cracking. In contrast, Comparative Example 8 (Iarea2/Iarea1 = 0.139) shows good capacity retention (95.1%) but cracking was observed. Comparative Example 9 (Iarea2/Iarea1 = 0.690) shows no cracking, but the capacity retention significantly drops to 87.2%. These results demonstrate that even when the ratio slightly exceeds the upper limit of the claimed range, the beneficial effects of the invention, such 88 high capacity retention and structural integrity, are no longer achieved. This supports the criticality of the claimed range.
PNG
media_image1.png
976
1494
media_image1.png
Greyscale
PNG
media_image2.png
462
1494
media_image2.png
Greyscale
(June 22, 2026 declaration.)
In response, the examiner respectfully notes that since a prima facie case of obviousness has been established, the burden of going forward shifts to the applicant. The applicant may provide evidence of an unexpected result.
The showing of unexpected results must be commensurate in scope with the invention as claimed. The results must be due to the claimed features, not to unclaimed features.
Here, while independent claims 1 and 20 are newly amended to further define “the anode active material comprises a silicon-based material including SiOx and a carbon-based material including a mixture of artificial graphite and natural graphite, wherein x is equal to or greater than 0 and less than 2,” which moves the prosecution forward, the data and the instant specification provides the a ratio relationship of the first and second areas, each area relationship regarding a proportionate amount of binder and silicon, is significant to the unexpected results.
For example, the instant specification teaches the following.
[0021] In an embodiment of the disclosed technology, the anode active material may include a silicon-based material.[0022] In an embodiment of the disclosed technology, the silicon-based material may include one or more selected from a group consisting of SiOx (0≤x<2), Si/C composites, and Si alloys.[0023] In an embodiment of the disclosed technology, in the anode for a secondary battery, (XB1/XSi1):(XB2/XSi2) may satisfy 1.5:1 to 12:1.[0024] Here, XB1 refers to a content of the binder included in the first area, XB2 refers to a content of the binder included in the second area, XSi1 refers to a silicon content included in the first area, and XSi2 refers to a silicon content included in the second area.[0025] In an embodiment of the disclosed technology, the anode active material may be included in an amount of 1 wt % to 20 wt % based on a total solid weight of the anode mixture layer.
…
[0171] According to Table 1 above, in Examples 1 to 4, the value of Iarea2/Iarea1 satisfies 1/7 to ⅔, the content ratio of styrene butadiene rubber which is a binder satisfies 1.5:1 to 7.0:1 in the first area and the second area, the value of (Iarea2/ISi2)/(Iarea1/ISi1) satisfies 1/12 to ⅔, and the ratio of the binder content to the silicon content of the first area and the second area satisfies 1.5:1 to 12:1. It was confirmed that the capacity retention ratio of the secondary battery was excellent in Examples 1 to 4 compared to Comparative Examples 1 to 6, and no cracking occurred in the anode.
[0172] Specifically, the active material type, binder type, and loading amount of the anode mixture layer used in Example 1 and Comparative Example 2 are the same, but Comparative Example 2 differs from Example 1 in that the value of I<area2>/I<area1 >and the value of (Iarea2/ISi2)/(Iarea1/ISi1) exceed ⅔, the content ratio of styrene butadiene rubber is less than 1.5:1 in the first area and the second area, and the ratio of the binder content to the silicon content in the first area and the second area is less than 1.5:1.
…
[0174] In addition, the active material type, binder type, and loading amount of the anode mixture layer used in Example 1 and Comparative Example 6 are the same, but Comparative Example 6 differs from Example 1 in that the value of Iarea2/Iarea1 is less than 1/7, the value of (Iarea2/ISi2)/(Iarea1/ISi1) is less than 1/12, the content ratio of styrene butadiene rubber exceeds 7.0:1 in the first area and the second area, and the ratio of the binder content to the silicon content in the first area and the second area exceeds 12:1. Due to this difference, Comparative Example 6 showed the same capacity retention ratio of the secondary battery as Example 1, but it was confirmed that the anode was cracked due to poor brittleness of the anode.
(Instant specification, at e.g. ¶¶ 0021-25, 171-172, and 174, emphasis added.)
See further the data provided in the declaration which provides data for the ratio of (first area binder content/silicon content) to (second area binder content/silicon content), noting the examples provide data within the taught 1.5/1 to 12/1 ratio, and the comparative examples provide data outside said ratio.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al (US 2015/0380739).
Regarding newly amended independent claim 1, Watanabe teaches a negative electrode plate (e.g. item 30) for nonaqueous electrolyte secondary battery, said battery comprising:
(i) said negative electrode plate;
(ii) a positive electrode plate (e.g. item 20); and,
(iii) a separator (e.g. item 40) disposed between said negative electrode plate and said positive electrode plate,
wherein said negative electrode plate comprises
a negative electrode collector (e.g. item 32) and
a negative electrode mixture layer (e.g. item 50) disposed on a surface said negative electrode collector,
wherein said negative electrode mixture layer composed of
(i.a.1) an active material that may be a mixture including two or more of e.g. natural graphite, artificial graphite, silicon oxide, and silicon metal; and,
(i.a.2) a binding material (e.g. item 60 and further e.g. items 61 and 62), including a “first binding material” and a “second binding material,” that may be rubber polymers, such as styrene-butadiene copolymers (SBRs) and modified SBRs
said negative electrode mixture layer is divided into two equal parts at a center in a thickness direction, forming three layers:
(i.b.1) a negative electrode mixture layer (b), which is one half of said negative electrode mixture layer, located on a surface side of said negative electrode mixture layer; and,
a negative electrode mixture layer (a), which is the other half of said negative electrode mixture layer, located on a negative electrode collector side of said negative electrode mixture layer, wherein said negative electrode mixture layer (a) is further divided in two equal parts:
(i.b.2) a negative electrode mixture layer (c) is one half of said negative electrode mixture layer (a), located on said negative electrode collector side of said negative electrode mixture layer (a); and,
(i.b.3) a negative electrode mixture layer (d) is the other half of said negative electrode mixture layer (a) disposed between said negative electrode mixture layer (c) and said negative electrode mixture layer (b),
wherein a total amount of said binding material (i.e. first and second binding material) in said negative electrode mixture layer is preferably 0.45-2.0% by mass based on a total amount of mixture (solid content) of said negative electrode mixture layer,
wherein a relative amount of said binding material preferably satisfy a relationship ratio:
C/D is preferably higher than 1.0 and 50 or less and more preferably 2 or more and 20 or less, wherein
a content C (% by mass) of binding materials relative to a mass of said negative active material in said negative electrode mixture layer (c)
a content D (% by mass) of binding materials relative to a mass of said negative active material in said negative electrode mixture layer (d),
wherein Watanabe further recognizes reducing an amount of bind material toward an outer surface enhances flexibility of said negative electrode mixture layer, reduces peeling, increases lithium ion transfer, and provides excellent discharge output characteristics; plus, increasing an amount of bind material towards said current collector enhances binding property between said collector and said negative active material, and enhancing electrical characteristics
(e.g. ¶¶ 0002, 16-17, 19-21, 23-25, 28-31, 45-47, 57, and 73 plus e.g. Figures 1-2), reading on “anode for a secondary battery,” said negative electrode plate comprising:
(1) said negative electrode collector (e.g. item 32) (e.g. supra), reading on “an anode current collector;” and,
(2) negative electrode mixture layer (e.g. item 50) disposed on said surface of said negative electrode collector,
wherein said negative electrode mixture layer composed of said active material that may be said mixture including two or more of e.g. natural graphite, artificial graphite, silicon oxide, and silicon metal; and, said binding material (e.g. item 60 and further e.g. items 61 and 62), including said “first binding material” and said “second binding material,” that may be rubber polymers, such as styrene-butadiene copolymers (SBRs) and modified SBRs (e.g. supra), reading on “an anode mixture layer formed on at least one surface of the anode current collector and comprising an anode active material and a binder” and “the binder comprises styrene butadiene rubber;” plus the newly amended, previously added limitation “the anode active material comprises a silicon-based material including SiOx and a carbon-based material including a mixture of artificial graphite and natural graphite, wherein x is equal to or greater than 0 and less than 2,”
wherein said negative electrode mixture layer is divided into two equal parts at a center in a thickness direction, forming three layers:
(2.a) said negative electrode mixture layer (b), which is one half of said negative electrode mixture layer, located on said surface side of said negative electrode mixture layer; and,
said negative electrode mixture layer (a), which is the other half of said negative electrode mixture layer, located on said negative electrode collector side of said negative electrode mixture layer, wherein said negative electrode mixture layer (a) is further divided in two equal parts:
(2.b) said negative electrode mixture layer (c) is one half of said negative electrode mixture layer (a), located on said negative electrode collector side of said negative electrode mixture layer (a); and,
(2.c) said negative electrode mixture layer (d) is the other half of said negative electrode mixture layer (a) disposed between said negative electrode mixture layer (c) and said negative electrode mixture layer (b)
(e.g. supra),
said taught negative electrode mixture layer (c) corresponding with the claimed “a first area on the anode current collector;”
said taught said negative electrode mixture layer (d) corresponding with the claimed “a second area on the first area;” and,
said taught said negative electrode mixture layer (b) corresponding with the claimed “a third area on the second area,”
(e.g. supra), reading on “the anode mixture layer comprises a first area on the anode current collector, a second area on the first area, and a third area on the second area,” and establishing a prima facie case of obviousness of the claimed relationship, see also e.g. MPEP § 2144.05(I), reading on “a sum of thicknesses of the first area and the second area is 1/2 or less of a total thickness of the anode mixture layer, and the thickness of the first area is equal to the thickness of the second area.”
Watanabe teaches said total amount of said binding material (i.e. first and second binding material) in said negative electrode mixture layer is preferably 0.45-2.0% by mass based on said total amount of mixture (solid content) of said negative electrode mixture layer,
wherein said relative amount of said binding material preferably satisfy said relationship ratio:
C/D is preferably higher than 1.0 and 50 or less and more preferably 2 or more and 20 or less, wherein
a content C (% by mass) of binding materials relative to a mass of said negative active material in said negative electrode mixture layer (c)
a content D (% by mass) of binding materials relative to a mass of said negative active material in said negative electrode mixture layer (d),
wherein Watanabe further recognizes reducing said amount of bind material toward said outer surface enhances flexibility of said negative electrode mixture layer, reduces peeling, increases lithium ion transfer, and provides excellent discharge output characteristics; plus, increasing said amount of bind material towards said current collector, enhances binding property between said collector and said negative active material, and enhancing electrical characteristics (supra),
[0023] In the negative electrode mixture layer 50 according to this embodiment, the content A (% by mass) of the binding materials 60 relative to the mass of the negative active material in the negative electrode mixture layer (a) 52 and the content B (% by mass) of the binding materials 60 relative to the mass of the negative active material in the negative electrode mixture layer (b) 54 satisfy a relationship: 0.04≦B/(A+B)<0.5. The ratio B/(A+B) is preferably 0.06 or more and 0.3 or less. The content of the binding materials 60 in the negative electrode mixture layer (a) 52 on the negative electrode collector side is high, which enhances the binding property of the negative electrode mixture layer 50 to the negative electrode collector 32. In addition, the content of the binding materials 60 in the negative electrode mixture layer (b) 54 on the surface side is low, which enhances the flexibility of the negative electrode mixture layer 50. As a result, peeling during compression or press forming is inhibited. The enhancement in the binding property between the collector and the negative active material enhances the electrical characteristics, and the reduced content of the binding materials 60 in the negative electrode mixture layer 50 on the surface side smoothens the transfer of the electrolyte such as lithium ions. The nonaqueous electrolyte secondary battery produced using the negative electrode plate 30 according to this embodiment, therefore, has excellent discharge output characteristics.[0024] The negative electrode mixture layer 50 according to this embodiment has the above-described structure and can thereby enhance the binding property between the negative electrode mixture layer 50 and the negative electrode collector 32 and simultaneously enhance the flexibility of the negative electrode mixture layer 50. Accordingly, the discharge output characteristics can be further improved by further reducing the total amount of the binding materials 60 in the negative electrode mixture layer 50. In addition, the excellent binding property and flexibility allow the negative electrode mixture layer 50 to have an increased thickness, which improves the battery characteristics.
(Watanabe, at e.g. ¶¶ 0023-24, emphasis added) noting said negative electrode active material is substantially the balance remaining in each of said negative electrode mixture layer (c) and said negative electrode mixture layer (d), but does not expressly teach the limitation “the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 1 below:
1/7 ≤ Iarea2/Iarea1 ≤ 2/3 [Formula 1]
wherein Iarea1 refers to a peak intensity corresponding to the binder included in the first area, and Iarea2 refers to a peak intensity corresponding to the binder included in the second area.”
However, Watanabe teaches a substantially identical composition of said negative electrode mixture layer (c) and said negative electrode mixture layer (d) to those of the instant first and second areas (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-24, 29, 59, 64-66, 74, and 97-101), establishing a prima facie case of obviousness of the claimed property, see also e.g. MPEP § 2112.01;
alternatively, Watanabe teaches a substantially identical composition of said negative electrode mixture layer (c) to that of the instant first area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 23-24, 29, 59, 64-66, 74, and 97-101), establishing a prima facie case of obviousness of it has the claimed Iarea1 property of said first area, see also e.g. MPEP § 2112.01; and, Watanabe teaches a substantially identical composition of said negative electrode mixture layer (d) to that of the instant second area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 23-24, 29, 59, 64-66, 74, and 97-101), establishing a prima facie case of obviousness it has claimed Iarea2 property of said second area, see also e.g. MPEP § 2112.01, so a ratio of said Iarea1/Iarea1 reading on said claimed property.
Regarding claim 5, Watanabe teaches the negative electrode plate of claim 1, wherein said total amount of said binding material (i.e. first and second binding material in said negative electrode mixture layer is preferably 0.45-2.0% by mass based on said total amount of mixture (solid content) of said negative electrode mixture layer,
wherein said relative amount of said binding material preferably satisfy said relationship ratio:
C/D is preferably higher than 1.0 and 50 or less and more preferably 2 or more and 20 or less, wherein
a content C (% by mass) of binding materials relative to a mass of said negative active material in said negative electrode mixture layer (c)
a content D (% by mass) of binding materials relative to a mass of said negative active material in said negative electrode mixture layer (d),
wherein Watanabe further recognizes reducing said amount of bind material toward said outer surface enhances flexibility of said negative electrode mixture layer, reduces peeling, increases lithium ion transfer, and provides excellent discharge output characteristics; plus, increasing said amount of bind material towards said current collector, enhances binding property between said collector and said negative active material, and enhancing electrical characteristics (supra), but does not expressly teach the claimed property “the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 2 below:
1/12≤(Iarea2/ISi2)/(Iarea1/ISi1)≤2/3 [Formula 2]
wherein Iarea1 refers to the peak intensity corresponding to the binder included in the first area, Iarea2 refers to the peak intensity corresponding to the binder included in the second area, ISi1 refers to a peak intensity corresponding to the silicon-based material included in the first area, and ISi2 refers to a peak intensity corresponding to the silicon-based material included in the second area.”
However, Watanabe teaches a substantially identical composition of said negative electrode mixture layer (c) and said negative electrode mixture layer (d) to those of the instant first and second areas (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-25, 29, 53, 59, 64-66, 74, 97-101, and 107-122), establishing a prima facie case of obviousness of the claimed property, see also e.g. MPEP § 2112.01;
alternatively, Watanabe teaches a substantially identical composition of said negative electrode mixture layer (c) to that of the instant first area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 23-24, 29, 59, 64-66, 74, and 97-101), establishing a prima facie case of obviousness of it has the claimed Iarea1 and ISi1 properties of said first area, see also e.g. MPEP § 2112.01; and, Watanabe teaches a substantially identical composition of said negative electrode mixture layer (d) to that of the instant second area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 23-24, 29, 59, 64-66, 74, and 97-101), establishing a prima facie case of obviousness it has claimed Iarea2 and ISi2 properties of said second area, see also e.g. MPEP § 2112.01, so a ratio of said Iarea1/ISi1 / Iarea2/ISi2 reading on said claimed property.
Regarding newly amended independent claim 20, Watanabe is applied as provided supra, with the following modifications.
Still regarding newly amended independent claim 20, Watanabe teaches said negative electrode plate; said positive electrode plate (e.g. item 20); and, said separator (e.g. item 40) disposed between said negative electrode plate and said positive electrode plate (e.g. supra), reading on “a cathode; and a separator interposed between the anode and the cathode.”
Claims 1, 5, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Seok et al (KR 2020/0096153).
Regarding newly amended independent claim 1, Seok teaches a lithium secondary battery (e.g. item 1) comprising a negative electrode (e.g. item 2), a positive electrode (e.g. item 3), and a separator (e.g. item 4) therebetween,
wherein said negative electrode has an active material layer comprising a plurality of layers, such as two or three layers, applied on a current collector substrate,
wherein said layers include a negative electrode active material that may be at least one or more of e.g. Si, SiOx (0<x<2), fibrous natural graphite, and artificial graphite,
wherein said layers may each include the same binder, such as SBR, and said binder may be included in the plurality of layers so that said binder is non-uniformly distributed,
wherein said plurality of layers may have said binder non-uniformly distributed as follows:
a first layer—closest to said current collector substrate—has the highest concentration of said binder,
a second layer—a middle layer—includes a lower concentration of said binder than that of said layer closest to said current collector substrate, and
a third layer—the layer furthest from said current collector, i.e. closest to a battery electrolyte—does not include said binder,
specifically said binder may be locally present in an area corresponding up to an area of about 35% of the total thickness of the active material layer,
wherein a ratio of binder in said second layer and said first layer may range from e.g. 5:5 to 1:9, or e.g. 4:6 and less than or equal to 2:8,
a total amount of said binder is 1.0 to 1.7 part by weight based on 100 parts by weight of a total weight of said plurality of active material layers,
wherein said non-uniform distribution of binder in said active material layer results in improved adhesion between said active material layer and said current collector substrate can be improved; plus, lowered interfacial resistance
(e.g. ¶¶ 0001, 06-07, 10-13, 20-29, 33, 35, 40-45, 64, 67, 73, 78-86, 96-97, and 10-107 plus e.g. Figure 5), reading on “anode for a secondary battery,” said negative electrode comprising:
(1) said current collector substrate (e.g. supra), reading on “an anode current collector;” and,
(2) said active material layer comprising said plurality of layers, such as said three layers, applied on said current collector substrate, wherein said active material layer comprising said negative electrode active material that may be at least one or more of e.g. Si, SiOx (0<x<2), fibrous natural graphite, and artificial graphite; plus, said binder, such as SBR (e.g. supra), reading on the limitation “an anode mixture layer formed on at least one surface of the anode current collector and comprising an anode active material and a binder;” the previously added limitation “the binder comprises styrene butadiene rubber” and the newly amended, previously added limitation “the anode active material comprises a silicon-based material including SiOx and a carbon-based material including a mixture of artificial graphite and natural graphite, wherein x is equal to or greater than 0 and less than 2,”
wherein said plurality of layers may have said binder non-uniformly distributed as follows:
said first layer—closest to said current collector substrate—has the highest concentration of said binder,
said second layer— said middle layer—includes said lower concentration of said binder than that of said layer closest to said current collector substrate, and
said third layer—the layer furthest from said current collector, i.e. closest to said battery electrolyte—does not include said binder,
specifically said binder may be locally present in said area corresponding up to said area of about 35% of the total thickness of the active material layer,
(e.g. supra), wherein said first layer and said second layer may have the same thicknesses:
[0040] The thicknesses of the first active material layer and the second active material layer may be 60 ㎛ to 210 ㎛, respectively, and the thicknesses of the first active material layer and the second active material layer may be the same or different from each other….
(e.g. ¶0040, emphasis added), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the previously amended, previously amended limitation “the anode mixture layer comprises a first area on the anode current collector, a second area on the first area, and a third area on the second area” and establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “a sum of thicknesses of the first area and the second area is 1/2 or less of a total thickness of the anode mixture layer,”
wherein said first layer and said second layer may have the same thicknesses:
[0040] The thicknesses of the first active material layer and the second active material layer may be 60 ㎛ to 210 ㎛, respectively, and the thicknesses of the first active material layer and the second active material layer may be the same or different from each other….
(e.g. ¶0040, emphasis added), reading on the previously added limitation “the thickness of the first area is equal to the thickness of the second area,”
said first layer—closest to said current collector substrate—has the highest concentration of said binder,
said second layer— said middle layer—includes said lower concentration of said binder than that of said layer closest to said current collector substrate,
wherein said ratio of binder in said second layer and said first layer may range from e.g. 5:5 to 1:9, or e.g. 4:6 and less than or equal to 2:8, and
said total amount of said binder is 1.0 to 1.7 part by weight based on 100 parts by weight of said total weight of said plurality of active material layers, (e.g. supra), wherein said binder content of said second layer to said binder content of said first layer may be calculated to be e.g. 0.111-1 or e.g. 0.25-0.667, but does not expressly teach the claimed property “… the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 1 below:
1/7 ≤ Iarea2/Iarea1 ≤ 2/3 [Formula 1]
wherein Iarea1 refers to a peak intensity corresponding to the binder included in the first area, and Iarea2 refers to a peak intensity corresponding to the binder included in the second area.”
However, Seok teaches a substantially identical composition of said first layer and said second layer to those of the instant first and second areas (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-24, 29, 59, 64-66, 74, and 97-101), establishing a prima facie case of obviousness of the claimed property, see also e.g. MPEP § 2112.01;
alternatively, Seok teaches a substantially identical composition of said first layer to that of the instant first area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-25, 29, 53, 59, 64-66, 74, 97-101, and 107-122), establishing a prima facie case of obviousness of it has the claimed Iarea1 property of said first area, see also e.g. MPEP § 2112.01; and, Seok teaches a substantially identical composition of said second layer to that of the instant second area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-25, 29, 53, 59, 64-66, 74, 97-101, and 107-122), establishing a prima facie case of obviousness it has claimed property Iarea2 of said second area, see also e.g. MPEP § 2112.01, so a ratio of said Iarea1/Iarea1 reading on said claimed property.
Regarding claim 5, Seok teaches the negative electrode of claim 1, wherein said plurality of layers, such as said three layers, applied on said current collector substrate, wherein said active material layer comprising said negative electrode active material, which may be at least one or more of e.g. Si, SiOx (0<x<2), fibrous natural graphite, and artificial graphite plus, said binder, such as SBR,
wherein said ratio of binder in said second layer and said first layer may range from e.g. 5:5 to 1:9, or e.g. 4:6 and less than or equal to 2:8, and
said total amount of said binder is 1.0 to 1.7 part by weight based on 100 parts by weight of said total weight of said plurality of active material layers (e.g. supra), noting said negative electrode active material is substantially the balance remaining in each of said first and second layers, but does not expressly teach the claimed property “the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 2 below:
1/12≤(Iarea2/ISi2)/(Iarea1/ISi1)≤2/3 [Formula 2]
wherein Iarea1 refers to the peak intensity corresponding to the binder included in the first area, Iarea2 refers to the peak intensity corresponding to the binder included in the second area, ISi1 refers to a peak intensity corresponding to the silicon-based material included in the first area, and ISi2 refers to a peak intensity corresponding to the silicon-based material included in the second area.”
However, Seok teaches a substantially identical composition of said first layer and said second layer to those of the instant first and second areas (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-25, 29, 53, 59, 64-66, 74, 97-101, and 107-122), establishing a prima facie case of obviousness of the claimed property, see also e.g. MPEP § 2112.01;
alternatively, Seok teaches a substantially identical composition of said first layer to that of the instant first area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-25, 29, 53, 59, 64-66, 74, 97-101, and 107-122), establishing a prima facie case of obviousness of it has the claimed Iarea1 and ISi1 properties of said first area, see also e.g. MPEP § 2112.01; and, Seok teaches a substantially identical composition of said second layer to that of the instant second area (e.g. supra, compared with the instant specification, at e.g. ¶¶ 0006-10, 20, 23-25, 29, 53, 59, 64-66, 74, 97-101, and 107-122), establishing a prima facie case of obviousness it has claimed Iarea2 and ISi2 properties of said second area, see also e.g. MPEP § 2112.01, so a ratio of said Iarea1/ISi1 / Iarea2/ISi2 reading on said claimed property.
Regarding independent claim 20, Seok is applied as provided supra, with the following modifications.
Still regarding independent claim 20, Seok teaches said lithium secondary battery (e.g. item 1) comprising said negative electrode (e.g. item 2), said positive electrode (e.g. item 3), and said separator (e.g. item 4) therebetween (e.g. supra), reading on “a cathode; and a separator interposed between the anode and the cathode.”
Response to Arguments
Applicant’s arguments filed January 22, 2026 have been fully considered but they are not persuasive.
First, the applicant alleges the following.
First, Seok fails to disclose “wherein the anode mixture layer comprises a first area on the anode current collector, a second area on the first area, and a third area on the second area, wherein a sum of thicknesses of the first area and the second area is 1/2 or less of a total thickness of the anode mixture layer, and the thickness of the first area is equal to the thickness of the second area.”
(Remarks, at 11:6, emphasis in the original.)
In response, the examiner respectfully refers to the prior and instant Office actions, noting that each severably cites ¶0040 of the art.
wherein said first layer and said second layer may have the same thicknesses:
[0040] The thicknesses of the first active material layer and the second active material layer may be 60 ㎛ to 210 ㎛, respectively, and the thicknesses of the first active material layer and the second active material layer may be the same or different from each other….
(e.g. ¶0040, emphasis added), reading on the previously added limitation “the thickness of the first area is equal to the thickness of the second area,”
(e.g. September 22, 2025 final Office action, at p. 17, emphasis in the original.)
Second, the applicant alleges the following.
Seok discloses its negative electrode active material may include a transition metal oxide, a non-transition metal oxide, and a carbon-based material. See Seok at paragraph [0079]. Seok also discloses an anode active material composition is prepared by mixing an anode active material, a conductive material, and carbon black and graphite fine particles may be used as its conductive material. See id. at paragraphs [0072] and [0078]. In addition, Seok discloses the non-transition metal oxide may be SnO2, SiOx (0<x<2). See id. at paragraph [0082].
Although Seok discloses silicon-based active materials including SiOx (0<x<2), Seok merely lists various silicon and carbon materials as alternative candidates and does not disclose a mixture of artificial graphite and natural graphite in combination with a silicon-based SiOx material having a specific rang. Accordingly, Accordingly, Seok fails to disclose “the anode active material comprises a silicon-based material including SiOx and a carbon-based material including a mixture of artificial graphite and natural graphite, wherein x is equal to or greater than 0 and less than 2,” as recited in amended independent Claim 1.
(Remarks, at 11:7-12:2, emphasis in the original.)
In response, the examiner respectfully notes that the argument is not commensurate with the scope of the art’s disclosure. Seok expressly teaches the following.
[0079] The above-mentioned negative electrode active material may be any material that can be used as a negative electrode active material for a lithium battery in the relevant technical field.
For example, it may include one or more selected from the group consisting of lithium metal, metals alloyable with lithium, transition metal oxides, non-transition metal oxides, and carbon-based materials.
[0080] For example, the metals that can be alloyed with the lithium may be Si, Sn, Al, Ge, Pb, Bi, Sb Si-Y alloys (wherein Y is an alkali metal, alkaline earth metal, group 13 element, group 14 element, transition metal, rare earth element, or a combination thereof, and is not Si), Sn-Y alloys (wherein Y is an alkali metal, alkaline earth metal, group 13 element, group 14 element, transition metal, rare earth element, or a combination thereof, and is not Sn), etc.
The above element Y may be Mg, Ca, Sr, Ba, Ra, Sc, Y, Ti, Zr, Hf, Rf, V, Nb, Ta, Db, Cr, Mo, W, Sg, Tc, Re, Bh, Fe, Pb, Ru, Os, Hs, Rh, Ir, Pd, Pt, Cu, Ag, Au, Zn, Cd, B, Al, Ga, Sn, In, Ti, Ge, P, As, Sb, Bi, S, Se, or Te.
…
[0082] For example, the above non-transfer metal oxide may be SnO<sub>2</sub>, SiO<sub>x</sub>(0<x<2), etc.
[0083] The above carbon-based material may be crystalline carbon, amorphous carbon, or a mixture thereof.
The crystalline carbon may be graphite such as amorphous, plate-like, flake-like, spherical, or fibrous natural graphite or artificial graphite, and the amorphous carbon may be soft carbon (low-temperature calcined carbon) or hard carbon, mesophase pitch carbide, calcined coke, etc.
(Seok, at e.g. ¶¶ 0079-80 and 82-83, emphasis added.) Noting that the “or” conjunction in “fibrous natural graphite or artificial graphite” (emphasis added) is understood to have an inclusive meaning—not exclusive—e.g. in light of the Seok disclosure. For example, example 1 expressly provides for both a natural graphite and an artificial graphite.
[0103] Example 1
[0104] (Preparation of the first active material slurry)
[0105] After dry mixing artificial graphite and natural graphite in an 8:2 weight ratio, a 1% carboxymethylcellulose solution was additionally mixed at 0.8% by weight and stirred for 10 minutes using a mechanical stirrer (Thinky Mixer).
Here, 0.6 wt% of styrene-butadiene-rubber (SBR) was added to a mechanical stirrer as a binder and stirred for 10 minutes to prepare a first active material slurry.
[0106] (Preparation of second active material slurry)
[0107] After dry mixing artificial graphite and natural graphite in an 8:2 weight ratio, a 1% carboxymethylcellulose solution was additionally mixed at 0.8% by weight and stirred for 10 minutes using a mechanical stirrer (Thinky Mixer).
Here, 1.4 wt% of styrene-butadiene-rubber (SBR) was added to a mechanical stirrer as a binder and stirred for 10 minutes to prepare a second active material slurry.
(Id, at e.g. 103-107, emphasis added.)
Third, the applicant alleges the following.
…Seok fails to disclose the following features:
“wherein the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 1 below:
[Formula 1]
1/7 ≤ Iarea2/Iarea1 ≤ 2/3,
wherein Iareal refers to a peak intensity corresponding to the binder included in the first area, and Iarea2 refers to a peak intensity corresponding to the binder included in the second area.”
The Final Office Action, at page 14, acknowledges that Seok does not expressly teach the limitation “the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 1, 1/7 ≤ Iarea2/Iarea1 ≤ 2/3” and instead, at page 14, asserts that Seok establishes a prima facie case of obviousness of the claimed property by teaching a substantially identical composition of first and second layers to those of the instant first and second, as reproduced below:
PNG
media_image3.png
430
476
media_image3.png
Greyscale
Seok discloses an electrode comprising a conductive substrate and multiple active-material layers disposed on the substrate such that at least one layer includes a binder, and also proposes manufacturing methods. See Seok at paragraphs [0006]-[0010]. Seok also discloses its substrate is electrically conductive, and the binder concentration gradient decreases with distance from the substrate. See id. at paragraph [0029]. However, the manufacturing methods disclosed in Seok do not necessarily produce a binder distribution in the layers of the electrode that satisfies the claimed Formula 1. Therefore, Seok fails to establish a prima facie case of obviousness of the claimed limitation:
“wherein the first area and the second area satisfy, according to energy dispersive X-ray spectroscopy, Formula 1 below:
[Formula 1]
1/7 ≤ Iarea2/Iarea1 ≤ 2/3,
wherein Iareal refers to a peak intensity corresponding to the binder included in the first area, and Iarea2 refers to a peak intensity corresponding to the binder included in the second area.”
(Remarks, at 12:3-13:1.)
In response, the examiner respectfully notes that a proper prima facie case of obviousness has been established, noting a proper consideration of the disclosure in the instant specification and that of the art, with relevant portions of the instant Office action are incorporated herein by reference.
Fourth, the applicant alleges the following.
In addition, as explained above, the table attached to Rule 1.132 Declaration
demonstrates the criticality of the claimed Iarea2/Iareal range and thus rebuts the prima facie case of obviousness contended in the Office Action.
In light of the above, the Final Office Action fails to establish a prima facie case of obviousness because it fails to show that Seok teaches or suggests every limitation of independent Claim 1 as amended, and the table attached to Rule 1.132 Declaration demonstrates the criticality of the claimed Iarea2/Iareal range.
Accordingly, independent Claim 1 as amended is allowable under 35 U.S.C. §103 over Seok.
(Remarks, at 14:1-14:2.)
In response, the examiner respectfully refers supra.
Fifth, the applicant alleges the following.
Claim 5 depends from independent Claim 1, and is thus allowable at least for the same reasons as independent Claim 1, as well as for additional patentable features recited in those dependent claim.
Independent Claim 20 as amended recites similar features to those mentioned above with respect to amended independent Claim 1 and is allowable for at least the same reasons as amended independent Claim 1.
(Remarks, at 14:3-14:4.)
In response, the examiner respectfully refers supra.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al (US 2024/0030416);
Kim et al (US 2022/0285661);
Lee et al (US 2022/0263063);
Son et al (US 2021/0351410);
Jo et al (US 2021/0167391);
Kim et al (US 2020/0403231);
Lee et al (US 2020/0365883); and,
Sugimori et al (US 2016/0351892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
Prosecution Insights