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 .
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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2025/0015258).
As to claim 1, Kim discloses an anode for a lithium secondary battery ([0010]-[0012], [0093], negative electrode, discussed throughout), comprising:
an anode current collector ([0012], negative electrode current collector, discussed throughout); and
a first anode active material layer and a second anode active material layer sequentially stacked on at least one surface of the anode current collector ([0012], first negative electrode active material layer and second negative electrode active material layer, discussed throughout), the first anode active material layer and the second anode active material layer comprising a first silicon-based active material and a second silicon-based active material ([0012], first silicon active material and second silicon active material, discussed throughout), respectively,
wherein Formulae 1 to 3 are satisfied:
30<R 1<50 [Formula 1] ([0054], [0082] and [0088], discussed throughout)
50<R 2<70 [Formula 2] ([0054], [0082] and [0088], discussed throughout)
2.0≤(S 2 R 2 /S 1 R 1)≤8.0 [Formula 3] ([0043], [0054], [0071], [0082] and [0088], discussed throughout)
wherein, in Formulae 1 to 3, R1 is a numerical percentage value of a thickness of the first anode active material layer relative to a total thickness of the first anode active material layer and the second anode active material layer ([0054], [0082] and [0088], discussed throughout),
R2 is a numerical percentage value of a thickness of the second anode active material layer relative to the total thickness of the first anode active material layer and the second anode active material layer ([0054], [0082] and [0088], discussed throughout),
S1 is a weight percent value of the first silicon-based active material based on a total weight of the first negative active material layer ([0043], discussed throughout), and
S2 is a weight percent value of the second silicon-based active material based on a total weight of the second negative active material layer ([0071], discussed throughout). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 2, Kim discloses wherein, each of the first silicon-based active material and the second silicon-based active material includes at least one selected from the group consisting of silicon, a silicon alloy, a silicon oxide, a metal-doped silicon oxide, a silicon carbide (Si—C) and a silicon-containing core-shell structure particle ([0035]-[0037], [0063]-[0065], discussed throughout).
As to claim 3, Kim discloses wherein, the silicon oxide includes SiOx (0<x<2) ([0035]-[0037], [0063]-[0065], discussed throughout).
As to claim 4, Kim discloses wherein, the metal-doped silicon oxide includes SiOx (0<x<2) containing at least one doping metal selected from the group consisting of Mg, Li, N, B, P, Al, Cu, Mn, Ca and Zn ([0035]-[0037], [0063]-[0065], discussed throughout).
As to claim 5, Kim discloses wherein, the first silicon-based active material and the second silicon-based active material include SiOx (0<x<2) containing different doping metals ([0035]-[0037], [0063]-[0065], discussed throughout).
As to claim 6, Kim discloses wherein, the doping metal of the first silicon-based active material includes Li, and the doping metal of the second silicon-based active material includes Mg ([0035]-[0037], [0063]-[0065], discussed throughout).
As to claim 7, Kim discloses wherein, a sum of the thickness of the first anode active material layer and the thickness of the second anode active material layer is in a range from 50 μm to 300 μm ([0054], [0082], [0088], discussed throughout). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 8, Kim discloses wherein, S1 is in a range from 0.1 to 35, and S2 is in a range from 0.1 to 35 ([0043], [0071], discussed throughout). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 9, Kim discloses wherein, S1 is in a range from 1 to 15, and S2 is in a range from 1 to 20 ([0043], [0071], discussed throughout). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 10, Kim discloses wherein, Formula 4 is satisfied:
0.85≤(S 2 /S 1)≤8.0. [Formula 4] ([0043], [0071], discussed throughout)
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 11, Kim discloses wherein, each of the first anode active material layer and the second anode active material layer further comprises a carbon-based active material ([0012], first carbon based active material and second carbon based active material, discussed throughout).
As to claim 12, Kim discloses wherein, the carbon-based active material comprises artificial graphite ([0030], [0058] and discussed throughout).
As to claim 13, Kim discloses a lithium secondary battery, comprising: the anode for lithium secondary battery of claim 1; and a cathode facing the anode ([0093], discussed throughout).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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