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 § 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 4 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.
Claim 4 states that the claimed active material is “SiOx” coated with carbon. However, Claim 4 is rendered particularly indefinite insofar as the boundaries of “x” are not defined. For purposes of examination, it will be assumed that “x” is greater than or equal to 0 and less than 2 (as in Claim 1).
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.
Claim 15 states that the claimed active material is “SiOx” coated with carbon. However, Claim 15 is rendered particularly indefinite insofar as the boundaries of “x” are not defined. For purposes of examination, it will be assumed that “x” is greater than or equal to 0 and less than 2 (as in Claim 12).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4, 6, 9-10, 12-13, 15, 17, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2017/0125806).
Regarding Claim 1, Wang teaches a lithium secondary battery comprising a negative electrode (“negative electrode for a secondary battery”) (Abstract, [0014], [0018]). As illustrated in Figure 1, Wang teaches that the negative electrode (10) comprises a negative-electrode current collector (11) (“negative electrode current collector”), a lower negative electrode active material layer (12b) (“first negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“first silicon-based negative electrode active material”) and is disposed on at least one surface of the negative-electrode current collector, and an upper negative electrode active material layer (12a) (“second negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“second silicon-based negative electrode active material”) and is disposed on the lower negative electrode active material layer ([0022]-[0023], [0025], [0028], [0030], [0034]). Wang teaches that the SiOx in said lower and upper negative electrode active material layers is, for example, doped with lithium (“the second silicon-based negative electrode active material is SiOx doped with a metal element”) ([0030]).
Regarding Claim 2, Wang teaches the instantly claimed invention of Claim 1, as previously described.
As previously described (See Claim 1), the SiOx in the lower and upper negative electrode active material layers is, for example, doped with lithium.
Regarding Claim 4, Wang teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the SiOx in the lower negative electrode active material layer is coated with carbon ([0031]).
Regarding Claim 6, Wang teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the content of the SiOx in the upper negative electrode active material layer is greater than a content of the SiOx in the lower negative electrode active material layer with respect to a total weight of the lower and upper negative electrode active material layers ([0035]).
Regarding Claim 9, Wang teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the lower and upper negative electrode active material layers each further include a graphite-based material therein (“graphite-based active material”) ([0025], [0027]).
Regarding Claim 10, Wang teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the lower and upper negative electrode active material layers include a conductive material (“conductive agent”) ([0031]).
Regarding Claim 12, Wang teaches a lithium secondary battery (“lithium secondary battery”) (Abstract, [0014], [0018]). Wang teaches that the battery comprises a negative electrode, a positive electrode, and a separator interposed between the positive and negative electrodes ([0015]). As illustrated in Figure 1, Wang teaches that the negative electrode (10) comprises a negative-electrode current collector (11) (“negative electrode current collector”), a lower negative electrode active material layer (12b) (“first negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“first silicon-based negative electrode active material”) and is disposed on at least one surface of the negative-electrode current collector, and an upper negative electrode active material layer (12a) (“second negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“second silicon-based negative electrode active material”) and is disposed on the lower negative electrode active material layer ([0022]-[0023], [0025], [0028], [0030], [0034]). Wang teaches that the SiOx in said lower and upper negative electrode active material layers is, for example, doped with lithium (“the second silicon-based negative electrode active material is SiOx doped with a metal element”) ([0030]).
Regarding Claim 13, Wang teaches the instantly claimed invention of Claim 12, as previously described.
As previously described (See Claim 12), the SiOx in the lower and upper negative electrode active material layers is, for example, doped with lithium.
Regarding Claim 15, Wang teaches the instantly claimed invention of Claim 12, as previously described.
Wang teaches that the SiOx in the lower negative electrode active material layer is coated with carbon ([0031]).
Regarding Claim 17, Wang teaches the instantly claimed invention of Claim 12, as previously described.
Wang teaches that the content of the SiOx in the upper negative electrode active material layer is greater than a content of the SiOx in the lower negative electrode active material layer with respect to a total weight of the lower and upper negative electrode active material layers ([0035]).
Regarding Claim 20, Wang teaches the instantly claimed invention of Claim 12, as previously described.
Wang teaches that the lower and upper negative electrode active material layers each further include a graphite-based material therein (“graphite-based active material”) ([0025], [0027]). Wang also teaches that the lower and upper negative electrode active material layers include a conductive material (“conductive agent”) ([0031]).
Claim Rejections - 35 USC § 103
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 7-8, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806).
Regarding Claim 7, Wang teaches the instantly claimed invention of Claim 6, as previously described.
Wang teaches that a content of the SiOx in the lower negative electrode active material layer is 1-10 wt%, and more preferably 2-7 wt% ([0036]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding Claim 8, Wang teaches the instantly claimed invention of Claim 6, as previously described.
Wang teaches that a content of the SiOx in the upper negative electrode active material layer is 1-40 wt%, and more preferably 2-20 wt%, and particularly preferably 5-15 wt% ([0035]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding Claim 18, Wang teaches the instantly claimed invention of Claim 17, as previously described.
Wang teaches that a content of the SiOx in the lower negative electrode active material layer is 1-10 wt%, and more preferably 2-7 wt% ([0036]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding Claim 19, Wang teaches the instantly claimed invention of Claim 17, as previously described.
Wang teaches that a content of the SiOx in the upper negative electrode active material layer is 1-40 wt%, and more preferably 2-20 wt%, and particularly preferably 5-15 wt% ([0035]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Claims 3, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806), and further in view of Wang et al. (US 2022/0102708, referred to as “Wang2”).
Regarding Claim 3, Wang teaches the instantly claimed invention of Claim 1, as previously described.
Wang does not explicitly teach that a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Wang2 teaches a secondary battery (Abstract). As illustrated in Figures 2-3, Wang2 teaches that the battery comprises a negative electrode (10) wherein a first negative electrode active material layer (103) is formed on the surface of a negative electrode current collector (101), and wherein a second negative electrode active material layer (102) is formed on a surface of the first negative electrode active material layer ([0066]-[0067]). Wang2 teaches that the first and second negative electrode active material layers include a silicon-based active material therein such as SiOx ([0037], [0039]). Wang teaches that forming the first and second negative electrode active material layers using silicon-based active material with different particle sizes improves battery performance ([0033]). In particular, Wang2 teaches that the silicon-based active material in the second negative electrode active material layer has a particle size of 7-15 microns, given that such a particle size further improves cycle and storage performance characteristics of the battery ([0035]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the upper negative electrode active material layer of Wang exhibits a particle size of 7-15 microns, as taught by Wang2, given that such a particle size would help further improve cycle and storage performance characteristics of the battery. Furthermore, given that a 7-15 microns particle size range excludes particles having a size of 2.5 microns or less, a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is 0 volume% (“less than 5 volume%”) of a total content of the SiOx in the upper negative electrode active material layer.
Regarding Claim 14, Wang teaches the instantly claimed invention of Claim 12, as previously described.
Wang does not explicitly teach that a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Wang2 teaches a secondary battery (Abstract). As illustrated in Figures 2-3, Wang2 teaches that the battery comprises a negative electrode (10) wherein a first negative electrode active material layer (103) is formed on the surface of a negative electrode current collector (101), and wherein a second negative electrode active material layer (102) is formed on a surface of the first negative electrode active material layer ([0066]-[0067]). Wang2 teaches that the first and second negative electrode active material layers include a silicon-based active material therein such as SiOx ([0037], [0039]). Wang teaches that forming the first and second negative electrode active material layers using silicon-based active material with different particle sizes improves battery performance ([0033]). In particular, Wang2 teaches that the silicon-based active material in the second negative electrode active material layer has a particle size of 7-15 microns, given that such a particle size further improves cycle and storage performance characteristics of the battery ([0035]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the upper negative electrode active material layer of Wang exhibits a particle size of 7-15 microns, as taught by Wang2, given that such a particle size would help further improve cycle and storage performance characteristics of the battery. Furthermore, given that a 7-15 microns particle size range excludes particles having a size of 2.5 microns or less, a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is 0 volume% (“less than 5 volume%”) of a total content of the SiOx in the upper negative electrode active material layer.
Claims 5, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806), and further in view of Dhanabalan et al. (US 2022/0059818).
Regarding Claim 5, Wang teaches the instantly claimed invention of Claim 1, as previously described.
Wang does not explicitly teach that a content of the SiOx in the lower negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Dhanabalan teaches a lithium-silicon battery (Abstract). Dhanabalan teaches that the battery comprises a silicon-based negative electrode active material ([0077]-[0078]). Regarding the particle size distribution of the active material, Dhanabalan teaches that a Dv10 of the material is in the range of, for example, 5 nm to 1 micron ([0094]). Dhanabalan teaches that such a particle size characteristic helps improve particle packing and improve volumetric capacity ([0091]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the lower negative electrode active material layer of Wang exhibits a Dv10 of 5 nm to 1 micron (“particle size of 2.5 µm or less is 1 volume% or more and less than 10 volume%”), as taught by Dhanabalan, given that such a particle size characteristic would help improve particle packing and volumetric capacity characteristics.
Regarding Claim 16, Wang teaches the instantly claimed invention of Claim 12, as previously described.
Wang does not explicitly teach that a content of the SiOx in the lower negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Dhanabalan teaches a lithium-silicon battery (Abstract). Dhanabalan teaches that the battery comprises a silicon-based negative electrode active material ([0077]-[0078]). Regarding the particle size distribution of the active material, Dhanabalan teaches that a Dv10 of the material is in the range of, for example, 5 nm to 1 micron ([0094]). Dhanabalan teaches that such a particle size characteristic helps improve particle packing and improve volumetric capacity ([0091]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the lower negative electrode active material layer of Wang exhibits a Dv10 of 5 nm to 1 micron (“particle size of 2.5 µm or less is 1 volume% or more and less than 10 volume%”), as taught by Dhanabalan, given that such a particle size characteristic would help improve particle packing and volumetric capacity characteristics.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806), and further in view of Ren et al. (US 2019/0237753).
Regarding Claim 11, Wang teaches the instantly claimed invention of Claim 10, as previously described.
Wang does not explicitly teach that the upper negative electrode active material layer includes, as a conductive agent, at least one of the instantly claimed nanotube types.
However, Ren teaches an anode active material for a lithium-ion battery (Abstract). Ren teaches that the anode active material includes a silicon-based negative active material (i.e. silicon oxide), graphite, and a conductive agent ([0016]). Ren teaches that the conductive agent includes single-walled and/or multi-walled carbon nanotubes ([0024]). Ren teaches that said carbon nanotubes enhance electrical conductivity characteristics, increase fast charging capabilities, and help maintain the structure of the active material during expansion as a result of lithiation ([0024]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would use single-walled and/or multi-walled carbon nanotubes, as taught by Ren, as either the conductive material in Wang or as an additional conductive material in Wang, given that such carbon nanotubes would help enhance electrical conductivity characteristics, help increase fast charging capabilities, and help maintain the structure of the negative electrode active material layers during expansion as a result of lithiation.
Claims 1-2, 4, 6, 7-10, 12-13, 15, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806), and further in view of Morikawa et al. (US 2022/0393148).
Regarding Claim 1, Wang teaches a lithium secondary battery comprising a negative electrode (“negative electrode for a secondary battery”) (Abstract, [0014], [0018]). As illustrated in Figure 1, Wang teaches that the negative electrode (10) comprises a negative-electrode current collector (11) (“negative electrode current collector”), a lower negative electrode active material layer (12b) (“first negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“first silicon-based negative electrode active material”) and is disposed on at least one surface of the negative-electrode current collector, and an upper negative electrode active material layer (12a) (“second negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“second silicon-based negative electrode active material”) and is disposed on the lower negative electrode active material layer ([0022]-[0023], [0025], [0028], [0030], [0034]).
Wang does not explicitly teach that the SiOx in said upper negative electrode active material layer is doped with a metal.
However, Morikawa teaches a negative electrode (Abstract). As illustrated in Figure 1, Morikawa teaches that the negative electrode comprises a negative electrode current collector (62) having a first negative active material layer (64A) formed on a surface thereof, and a second negative active material layer (64B) on a surface of the first negative active material layer ([0025]). Morikawa teaches that the first and second negative active material layers contain a silicon-based active material (e.g. SiOy) ([0031]). Morikawa teaches that the silicon-based active material in the second negative active material layer is doped with an alkali earth metal such as Mg or Ca ([0029]). However, Morikawa teaches that the silicon-based active material in the first negative active material layer is, for example, not doped with the alkali earth metal such that the layer includes 0 mass% of the alkali earth metal ([0029]). Morikawa teaches that such doping helps improve cycle life and improve capacity retention rate after rapid charge-discharge cycling ([0009]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would dope the SiOx in the upper negative electrode active material layer of Wang with Mg or Ca (“metal element”), as taught by Morikawa, given that such doping would help improve cycle life and improve capacity retention rate after rapid charge-discharge cycling.
Regarding Claim 2, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 1, as previously described.
As previously described (See Claim 1), the SiOx in the upper negative electrode active material layers is doped with Mg or Ca.
Regarding Claim 4, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the SiOx in the lower negative electrode active material layer is coated with carbon ([0031]). Therefore, the SiOx in the lower negative electrode active material layer is SiOx coated with carbon, especially because it is not doped with Mg or Ca.
Regarding Claim 6, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the content of the SiOx in the upper negative electrode active material layer is greater than a content of the SiOx in the lower negative electrode active material layer with respect to a total weight of the lower and upper negative electrode active material layers ([0035]).
Regarding Claim 7, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 6, as previously described.
Wang teaches that a content of the SiOx in the lower negative electrode active material layer is 1-10 wt%, and more preferably 2-7 wt% ([0036]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding Claim 8, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 6, as previously described.
Wang teaches that a content of the SiOx in the upper negative electrode active material layer is 1-40 wt%, and more preferably 2-20 wt%, and particularly preferably 5-15 wt% ([0035]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding Claim 9, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the lower and upper negative electrode active material layers each further include a graphite-based material therein (“graphite-based active material”) ([0025], [0027]).
Regarding Claim 10, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 1, as previously described.
Wang teaches that the lower and upper negative electrode active material layers include a conductive material (“conductive agent”) ([0031]).
Regarding Claim 12, Wang teaches a lithium secondary battery (“lithium secondary battery”) (Abstract, [0014], [0018]). Wang teaches that the battery comprises a negative electrode, a positive electrode, and a separator interposed between the positive and negative electrodes ([0015]). As illustrated in Figure 1, Wang teaches that the negative electrode (10) comprises a negative-electrode current collector (11) (“negative electrode current collector”), a lower negative electrode active material layer (12b) (“first negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“first silicon-based negative electrode active material”) and is disposed on at least one surface of the negative-electrode current collector, and an upper negative electrode active material layer (12a) (“second negative electrode mixture layer”) that includes an SiOx (0.8 ≤ x ≤ 1.5) negative active material (“second silicon-based negative electrode active material”) and is disposed on the lower negative electrode active material layer ([0022]-[0023], [0025], [0028], [0030], [0034]).
Wang does not explicitly teach that the SiOx in said upper negative electrode active material layer is doped with a metal.
However, Morikawa teaches a negative electrode (Abstract). As illustrated in Figure 1, Morikawa teaches that the negative electrode comprises a negative electrode current collector (62) having a first negative active material layer (64A) formed on a surface thereof, and a second negative active material layer (64B) on a surface of the first negative active material layer ([0025]). Morikawa teaches that the first and second negative active material layers contain a silicon-based active material (e.g. SiOy) ([0031]). Morikawa teaches that the silicon-based active material in the second negative active material layer is doped with an alkali earth metal such as Mg or Ca ([0029]). However, Morikawa teaches that the silicon-based active material in the first negative active material layer is, for example, not doped with the alkali earth metal such that the layer includes 0 mass% of the alkali earth metal ([0029]). Morikawa teaches that such doping helps improve cycle life and improve capacity retention rate after rapid charge-discharge cycling ([0009]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would dope the SiOx in the upper negative electrode active material layer of Wang with Mg or Ca (“metal element”), as taught by Morikawa, given that such doping would help improve cycle life and improve capacity retention rate after rapid charge-discharge cycling.
Regarding Claim 13, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 12, as previously described.
As previously described (See Claim 12), the SiOx in the upper negative electrode active material layers is doped with Mg or Ca.
Regarding Claim 15, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 12, as previously described.
Wang teaches that the SiOx in the lower negative electrode active material layer is coated with carbon ([0031]). Therefore, the SiOx in the lower negative electrode active material layer is SiOx coated with carbon, especially because it is not doped with Mg or Ca.
Regarding Claim 17, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 12, as previously described.
Wang teaches that the content of the SiOx in the upper negative electrode active material layer is greater than a content of the SiOx in the lower negative electrode active material layer with respect to a total weight of the lower and upper negative electrode active material layers ([0035]).
Regarding Claim 18, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 17, as previously described.
Wang teaches that a content of the SiOx in the lower negative electrode active material layer is 1-10 wt%, and more preferably 2-7 wt% ([0036]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding Claim 19, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 17, as previously described.
Wang teaches that a content of the SiOx in the upper negative electrode active material layer is 1-40 wt%, and more preferably 2-20 wt%, and particularly preferably 5-15 wt% ([0035]). It is noted that in the case where the claimed range “overlaps or lies inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding Claim 20, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 12, as previously described.
Wang teaches that the lower and upper negative electrode active material layers each further include a graphite-based material therein (“graphite-based active material”) ([0025], [0027]). Wang also teaches that the lower and upper negative electrode active material layers include a conductive material (“conductive agent”) ([0031]).
Claims 3, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806), and further in view of Morikawa et al. (US 2022/0393148) and Wang et al. (US 2022/0102708, referred to as “Wang2”).
Regarding Claim 3, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 1, as previously described.
Wan, as modified by Morikawa,g does not explicitly teach that a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Wang2 teaches a secondary battery (Abstract). As illustrated in Figures 2-3, Wang2 teaches that the battery comprises a negative electrode (10) wherein a first negative electrode active material layer (103) is formed on the surface of a negative electrode current collector (101), and wherein a second negative electrode active material layer (102) is formed on a surface of the first negative electrode active material layer ([0066]-[0067]). Wang2 teaches that the first and second negative electrode active material layers include a silicon-based active material therein such as SiOx ([0037], [0039]). Wang teaches that forming the first and second negative electrode active material layers using silicon-based active material with different particle sizes improves battery performance ([0033]). In particular, Wang2 teaches that the silicon-based active material in the second negative electrode active material layer has a particle size of 7-15 microns, given that such a particle size further improves cycle and storage performance characteristics of the battery ([0035]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the upper negative electrode active material layer of Wang, as modified by Morikawa, exhibits a particle size of 7-15 microns, as taught by Wang2, given that such a particle size would help further improve cycle and storage performance characteristics of the battery. Furthermore, given that a 7-15 microns particle size range excludes particles having a size of 2.5 microns or less, a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is 0 volume% (“less than 5 volume%”) of a total content of the SiOx in the upper negative electrode active material layer.
Regarding Claim 14, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 12, as previously described.
Wang, as modified by Morikawa, does not explicitly teach that a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Wang2 teaches a secondary battery (Abstract). As illustrated in Figures 2-3, Wang2 teaches that the battery comprises a negative electrode (10) wherein a first negative electrode active material layer (103) is formed on the surface of a negative electrode current collector (101), and wherein a second negative electrode active material layer (102) is formed on a surface of the first negative electrode active material layer ([0066]-[0067]). Wang2 teaches that the first and second negative electrode active material layers include a silicon-based active material therein such as SiOx ([0037], [0039]). Wang teaches that forming the first and second negative electrode active material layers using silicon-based active material with different particle sizes improves battery performance ([0033]). In particular, Wang2 teaches that the silicon-based active material in the second negative electrode active material layer has a particle size of 7-15 microns, given that such a particle size further improves cycle and storage performance characteristics of the battery ([0035]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the upper negative electrode active material layer of Wang, as modified by Morikawa, exhibits a particle size of 7-15 microns, as taught by Wang2, given that such a particle size would help further improve cycle and storage performance characteristics of the battery. Furthermore, given that a 7-15 microns particle size range excludes particles having a size of 2.5 microns or less, a content of the SiOx in the upper negative electrode active material layer having a particle size of 2.5 microns or less is 0 volume% (“less than 5 volume%”) of a total content of the SiOx in the upper negative electrode active material layer.
Claims 5, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806), and further in view of Morikawa et al. (US 2022/0393148) and Dhanabalan et al. (US 2022/0059818).
Regarding Claim 5, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 1, as previously described.
Wang, as modified by Morikawa, does not explicitly teach that a content of the SiOx in the lower negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Dhanabalan teaches a lithium-silicon battery (Abstract). Dhanabalan teaches that the battery comprises a silicon-based negative electrode active material ([0077]-[0078]). Regarding the particle size distribution of the active material, Dhanabalan teaches that a Dv10 of the material is in the range of, for example, 5 nm to 1 micron ([0094]). Dhanabalan teaches that such a particle size characteristic helps improve particle packing and improve volumetric capacity ([0091]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the lower negative electrode active material layer of Wang, as modified by Morikawa, exhibits a Dv10 of 5 nm to 1 micron (“particle size of 2.5 µm or less is 1 volume% or more and less than 10 volume%”), as taught by Dhanabalan, given that such a particle size characteristic would help improve particle packing and volumetric capacity characteristics.
Regarding Claim 16, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 12, as previously described.
Wang, as modified by Morikawa, does not explicitly teach that a content of the SiOx in the lower negative electrode active material layer having a particle size of 2.5 microns or less is in accordance with the claimed range.
However, Dhanabalan teaches a lithium-silicon battery (Abstract). Dhanabalan teaches that the battery comprises a silicon-based negative electrode active material ([0077]-[0078]). Regarding the particle size distribution of the active material, Dhanabalan teaches that a Dv10 of the material is in the range of, for example, 5 nm to 1 micron ([0094]). Dhanabalan teaches that such a particle size characteristic helps improve particle packing and improve volumetric capacity ([0091]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would ensure that the SiOx in the lower negative electrode active material layer of Wang, as modified by Morikawa, exhibits a Dv10 of 5 nm to 1 micron (“particle size of 2.5 µm or less is 1 volume% or more and less than 10 volume%”), as taught by Dhanabalan, given that such a particle size characteristic would help improve particle packing and volumetric capacity characteristics.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2017/0125806), and further in view of Morikawa et al. (US 2022/0393148) and Ren et al. (US 2019/0237753).
Regarding Claim 11, Wang, as modified by Morikawa, teaches the instantly claimed invention of Claim 10, as previously described.
Wang, as modified by Morikawa, does not explicitly teach that the upper negative electrode active material layer includes, as a conductive agent, at least one of the instantly claimed nanotube types.
However, Ren teaches an anode active material for a lithium-ion battery (Abstract). Ren teaches that the anode active material includes a silicon-based negative active material (i.e. silicon oxide), graphite, and a conductive agent ([0016]). Ren teaches that the conductive agent includes single-walled and/or multi-walled carbon nanotubes ([0024]). Ren teaches that said carbon nanotubes enhance electrical conductivity characteristics, increase fast charging capabilities, and help maintain the structure of the active material during expansion as a result of lithiation ([0024]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would use single-walled and/or multi-walled carbon nanotubes, as taught by Ren, as either the conductive material in Wang, as modified by Morikawa, or as an additional conductive material in Wang, as modified by Morikawa, given that such carbon nanotubes would help enhance electrical conductivity characteristics, help increase fast charging capabilities, and help maintain the structure of the negative electrode active material layers during expansion as a result of lithiation.
Conclusion
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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