DETAILED ACTION
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 .
This is the initial Office action based on application number 18/491554 filed on 10/20/2023. Claims 1-17 are currently pending and have been considered below.
Claim Interpretation
Regarding to claim 3: Examiner interprets “a carbon-based negative electrode active material” as “a negative electrode active material containing carbon”.
Regarding to claim 6: Examiner interprets “a rubber-based binder” as “a binder containing rubber”.
Regarding to claim 9: Examiner interprets “a cellulose-based compound” as “a compound containing cellulose”.
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 15 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.
Regarding to claim 15: The limitation of claim 15 is unclear as the calculated MacMullin number (Nm) is not supported in the paragraphs 154-156 in the instant specification. Examiner calculates Nm of Example 5A based on Table 2 as follow:
Nm=
15.9
x
1.54
x
(
8.1
x
10
-
3
)
77
=25.7 x10-4
However, Nm of Example 5A is indicated to be 25.7 in par. 156.
For compact prosecutions, Examiner considers the unit of d (the thickness of the electrode) in Equation 1 in claim 15 as centimeter (cm), so that Nm of Example 5A is consistent with the number in par. 156 (see below for calculation)
Nm=
15.9
x
1.54
x
(
8.1
x
10
-
3
)
77
x
10
-
4
=25.7
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.
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 1-13, 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 20180034047 A1) in view of Takahashi (JPH 09245770 (A)). The English translation of JPH09245770 (A) is used as reference as attached.
Regarding to claims 1, 17: Cho et al. disclose a negative electrode for a rechargeable lithium battery (abstract). A method of manufacturing the negative electrode for the rechargeable lithium battery comprising:
preparing a negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising Si and graphite active materials (equivalent to electrode active materials) (par. 66), styrene-butadiene rubber (equivalent to a water-soluble binder) (par. 66), and carboxylmethyl cellulose (equivalent to an ionic polymer) (par. 66);
coating the negative active material slurry on a Cu foil (equivalent to a current collector) (par. 67); and
drying the coated negative active material slurry (par. 67).
Cho et al. fail to explicitly disclose applying an electric field to form an electrode active material layer. However, Takahashi discloses a negative electrode for a non-aqueous electrolyte battery (par. 1). The negative electrode is prepared by coating and drying the negative electrode slurry while applying an electric field to the negative electrode core (par. 21, fig. 2). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add electric field of Takahashi while coating and drying the negative active material slurry of Cho et al. because Takahashi et al. teach that the (002) planes of the graphite particles can be aligned perpendicular to the negative electrode core when electric field is applied (par. 21) and this structure can improve battery characteristics such as high-rate discharge (par. 16).
Regarding to claim 2: Cho et al. disclose the negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising Si and graphite active materials (equivalent to negative electrode active materials) (par. 66).
Regarding to claim 3: Cho et al. disclose the negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising Si and graphite active materials (graphite is equivalent to a carbon-based negative electrode active material) (par. 66).
Regarding to claim 4: Cho et al. disclose the negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising Si and graphite active materials (graphite is equivalent to crystalline carbon) (par. 66).
Regarding to claim 5: Cho et al. disclose the negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising Si and graphite active materials (par. 66).
Regarding to claims 6, 7: Cho et al. disclose the negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising styrene-butadiene rubber (par. 66).
Regarding to claim 8: Cho et al. disclose the negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising a aqueous binder (par. 33). The aqueous binder can be polyvinylpyrrolidone, polyacrylonitrile, polystyrene, an ethylenepropylenediene copolymer, polyvinylpyridine, chlorosulfonated polyethylene, latex, a polyester resin, an acrylic resin, a phenolic resin, an epoxy resin, polyvinyl alcohol, or a combination thereof (par. 33).
Regarding to claims 9, 10: Cho et al. disclose the negative active material slurry (equivalent to an electrode active material layer slurry) (par. 66) comprising carboxylmethyl cellulose (par. 66 ).
Regarding to claim 11: Cho et al. disclose an amount of the aqueous binder (equivalent to the water-soluble binder) may be about 0.1 wt % to about 10 wt % based on the total amount (100 wt %) of the negative active material layer (par. 32).
Regarding to claim 12: Cho et al. disclose a cellulose-based compound may be included in an amount of about 0.1 parts by weight (0.1 wt %) to about 3 parts by weight (3 wt %) based on 100 parts by weight (100 wt %) of the negative active material (par. 34).
Regarding to claim 13: Cho et al. disclose an electrode for a rechargeable lithium battery comprising the electrode manufactured as claimed in claim 1 (par. 22).
Regarding to claim 16: Cho et al. disclose a rechargeable lithium battery comprising the electrode manufactured as claimed in claim 1 (par. 15).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 20180034047 A1) in view of Takahashi (JPH 09245770 (A)) as applied in claim 13 above, and further in view of Tang et al. (US 20240038990 A1).
Regarding to claim 14: Cho et al. disclose a negative electrode for a rechargeable lithium battery as described in paragraph 6 above. Cho et al. and Takahashi fail to explicitly disclose the electrode has a contact angle with respect to a corresponding electrolyte of less than or equal to about 60 degrees. However, Tang et al. disclose an electrochemical device including a positive electrode, a negative electrode, and a separator (abstract). The negative electrode can comprise graphite as a negative electrode material (par. 42), styrene butadiene rubber and sodium carboxymethyl cellulose as binders (par. 38). A contact angle between an electrolyte droplet and the negative electrode active material layer is 0° to 90° (par. 35). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the contact angle of Tang et al. for the negative electrode of Cho et al. because Tang et al. teach that the range of the contact angle indicates that the negative electrode active material layer is in good affinity with the electrolytic solution, and the electrolytic solution can well infiltrate the negative electrode active material layer (par. 35). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP §2144.05(I).
Claims 1, 13, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20240105942 A1) in view of Takahashi (JPH 09245770 (A)).
Regarding to claim 1: Zhang et al. disclose a negative electrode plate for a secondary battery (abstract). A method of manufacturing the negative electrode plate for the secondary battery comprising:
preparing a negative electrode paste (equivalent to an electrode active material layer slurry) (par. 78), wherein the negative electrode paste can comprise graphite as a negative electrode active material (equivalent to an electrode active material) (par. 74), styrene butadiene rubber (SBR) (equivalent to a water-soluble binder) as a binding agent (par. 75), and sodium carboxymethylcellulose (equivalent to an ionic polymer) as a thickening agent (par. 77);
coating the negative electrode paste to the negative electrode current collector; and
drying the negative electrode plate.
Zhang et al. fail to explicitly disclose applying an electric field to form an electrode active material layer. However, Takahashi discloses a negative electrode for a non-aqueous electrolyte battery (par. 1). The negative electrode is prepared by coating and drying the negative electrode slurry while applying an electric field to the negative electrode core (par. 21, fig. 2). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add electric field of Takahashi while coating and drying the negative electrode paste of Zhang et al. because Takahashi et al. teach that the (002) planes of the graphite particles can be aligned perpendicular to the negative electrode core when electric field is applied (par. 21) and this structure can improve battery characteristics such as high-rate discharge (par. 16).
Regarding to claim 13: Zhang et al. disclose an electrode for a rechargeable lithium battery comprising the electrode manufactured as claimed in claim 1 (par. 9).
Regarding to claim 15: Zhang et al. disclose a tortuosity (τ) of the negative electrode plate is 2.3 and a porosity (ε) of the negative electrode material layer is 45% in Embodiment 1 (Table 2). The MacMullin number of an electrode may be described by the equation below as evidenced by Yao (US 20230112652 A1) (par. 51 in Yao):
PNG
media_image1.png
121
470
media_image1.png
Greyscale
wherein τ is the tortuosity factor; ε is the porosity; NM is the MacMullin number; σ0, k0, and D0 are, respectively, the “intrinsic” electrical resistivity (Ω m), conductivity (S m-1), and diffusion coefficient (m2s-1) of the electrolyte; and σeff, keff, and Deff are the observed “effective” values resulting from the transport constraints imposed by a porous and tortuous microstructure (par. 51 in Yao )
Therefore, the MacMullin number the negative electrode plate of Embodiment 1 of Zhang et al. is approximately 5.1 (2.3/0.45).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PIN JAN WANG whose telephone number is (571)272-7057. The examiner can normally be reached M-F 9am-5pm.
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/PIN JAN WANG/Examiner, Art Unit 1717
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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