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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2023-0016589, filed on Feb 8, 2023.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, and 9 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 2016/0204422 A1), as evidenced by Obrovac et al., (Alloy Negative Electrodes for Li-Ion Batteries. Chemical Reviews).
Regarding claim 1 and 9, Wang discloses a lithium secondary battery comprising an anode (para. [0002]). The anode comprises a current collector (fig. 2, ref. #20), a first anode mixture layer (graphite layer, fig. 2, ref. #22) on at least one surface of the current collector (fig. 2 and fig. 3); and a second anode mixture layer (silicon layer, fig. 2, ref. #24) on the first anode mixture layer. The first anode mixture layer includes a carbon-based active material (graphite, para. [0020]). The second anode mixture layer includes a carbon-based active (graphite) and a silicon-based active material (para. [0024]).
The capacity for graphite material is 350 mAh/g and the capacity of Si is about 3579 mAh/g as evidenced by Obrovac, see Table 3 on page 11448. Accordingly, Cc of the carbon-based active material is 350 mAh/g, and Cs of the silicon-based active material is about 3579 mAh/g.
Wang discloses the amount ratio by weight for graphite is about 85% in the interlayer (para. [0037]) which corresponds to the first layer and no silicon, thus Wc of the carbon-based anode active material is 85% and Ws of silicon-based anode active material is 0%. Wang discloses the amount ratio by weight for graphite is about 65% graphite powder, 20% silicon powders for the anode functioning layer (para. [0038]), which corresponds to the second layer, thus Wc is 65% and Ws is 20%.
UC1 = (Wc x Cc) + (Ws x Cs) = (85% x 350 mAh/g) + (0% x 3579 mAh/g) = 297.5 mAh/g
UC2 = (Wc x Cc) + (Ws x Cs) = (65% x 350 mAh/g) + (20% x 3579 mAh/g) = 943.3 mAh/g
Ruc = UC2/UC1 = (943.3 mAh/g) / (297.5 mAh/g) = 3.17, which satisfies wherein Ruc according to Equation 1 is 1.1 or more.
Regarding claim 3, Wang discloses an amount of the silicon-based active material in the second anode mixture layer of at least 10% or more by weight (para [0024]).
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Claims 1, 2, 4, 6, 7, 8, 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peng et al. [CN-110148708-A], as evidenced by Obrovac et al, (Alloy Negative Electrodes for Li-Ion Batteries. Chemical Reviews). See examiner provided machine translation for prior art discussion of CN-110148708-A.
Regarding claims 1 and 9, Peng discloses a lithium secondary battery comprising an anode (para. [0001]). The anode comprises a current collector (para. [0005]), a first anode mixture layer (bottom graphite coating) on at least one surface of the current collector; and a second anode mixture layer (top silicon containing coating) on the first anode mixture layer (para. [0005]). The first anode mixture layer includes a carbon-based active material (graphite, para. [0015]). The second anode mixture layer includes a carbon-based active (graphite) and a silicon-based active material (para. [0015]). The silicon material is SiOx, wherein 0.5>x>2 (para. [0016]), which includes SiO.
The capacity for graphite material is 350 mAh/g and the capacity of SiO is about 1300-1500 mAh/g as evidenced by Obrovac., see Table 3 on page 11448 and page 11492, Column 1, Para. 2. Accordingly, Cc of the carbon-based active material is 350 mAh/g, and Cs of the silicon-based active material is about 1300-1500 mAh/g.
Peng discloses the amount ratio by weight for graphite is about 95-98% in the bottom graphite coating and no silicon (para. [0015]), thus Wc of the carbon-based anode active material is 95-98% and Ws of silicon-based anode active material is 0% for the first anode mixture layer. In the top silicon containing coating, the weight % of the negative active material is 92.5 – 97% (para. [0015]) for the combo of silicon material and graphite. The mass percentage of graphite to silicon is 90% : 10% (para. [0015]). Thus, Wc of the carbon-based anode active material is 83.25 – 87.3% and Ws of silicon-based anode active material is 9.25 – 9.7% for the second anode mixture layer.
Using all the lower endpoints, weight % is 92.5% for the combo of silicon material and graphite in the second anode mixture layer, and Wc of the carbon-based anode active material is 95% in the first anode mixture layer, Cs of the silicon-based active material is 1300 mAh/g.
Second layer: Wc = 90% graphite x 92.5 % total anode active material = 83.25%
Ws = 10% SiO x 92.5 % total anode active material = 9.25%
UC1 = (Wc x Cc) + (Ws x Cs) = (95% x 350 mAh/g) + (0% x 1300 mAh/g) = 332.5 mAh/g
UC2 = (Wc x Cc) + (Ws x Cs) = (83.25% x 350 mAh/g) + (9.25% x 1300 mAh/g) = 411.6 mAh/g
Ruc = UC2/UC1 = (411.6 mAh/g) / (332.5 mAh/g) = 1.24, which satisfies wherein Ruc according to Equation 1 is 1.1 or more.
Using all the upper endpoints, weight % is 97% for the combo of silicon material and graphite in the second anode mixture layer, and Wc of the carbon-based anode active material is 98% in the first anode mixture layer, Cs of the silicon-based active material is 1500 mAh/g.
Second layer: Wc = 90% graphite x 97% total anode active material = 87.3%
Ws = 10% SiO x 97% total anode active material = 9.7%
UC1 = (Wc x Cc) + (Ws x Cs) = (98% x 350 mAh/g) + (0% x 1500 mAh/g) = 343 mAh/g
UC2 = (Wc x Cc) + (Ws x Cs) = (87.3% x 350 mAh/g) + (9.7% x 1500 mAh/g) = 451 mAh/g
Ruc = UC2/UC1 = (451 mAh/g) / (343 mAh/g) = 1.31, which satisfies wherein Ruc according to Equation 1 is 1.1 or more.
Regarding claim 2, Peng discloses for Example 1, the amount ratio by weight for graphite is 97% and no silicon for the negative electrode active material 1 (para. [0020] and [0022]), which corresponds to the first anode mixture layer active material. Thus, Wc of the carbon-based anode active material is 97% and Ws of silicon-based anode active material is 0% for the first anode mixture layer.
For the second anode mixture layer, the corresponding negative electrode active material of layer 2 is a mixture of artificial graphite and silicon material (SiOx, wherein 0.5>x>2, para [0021]) with a mass percentage of 90%:10% (para. [0023]). The total weight % of negative electrode active material 2 is 95% for the combo of silicon material and graphite (para. [0023]). The difference between Example 2 and Example 1 is that: the proportion of silicon suboxide in the negative electrode active material 2 is 20% (para. [0025]). Thus, the proportion of graphite is 80%, and weight ratio Wc is 80% x 95% = 76%; weight ratio Ws is 20% x 95% = 19%.
Silicon suboxide is SiOx, wherein 0.5>x>2 (para. [0016]), which includes SiO. The capacity for graphite material is 350 mAh/g and the capacity of SiO is about 1300-1500 mAh/g as evidenced by Obrovac, see Table 3 on page 11448 and page 11492, Column 1, Para. 2. Accordingly, Cc of the carbon-based active material is 350 mAh/g, and Cs of the silicon-based active material is about 1300-1500 mAh/g.
Regarding Rlw loading weight ratio of each of the layers, Applicant’s Table 1 in the Specification Inventive Example 1 shows the loading weight of the first layer and second layer is respectively 9 mg/cm2 and 3 mg/cm2, corresponds to loading weight ratio of the first layer and second layer is respectively 0.75 and 0.25. Thus, Applicant’s disclosure indicates that Rlw loading weight ratio of each layer corresponds to the loading weight of that layer divided by the total loading weight of the two layers.
Peng et al. disclose the surface density of the bottom coating in the double-layer coating is 0.00768 g/cm2, the surface density of the top coating is 0.00158 g/cm2 for Example 2 (para. [0027]). Surface density of the coating layer is a weight of each of the layers coated on the current collector by area (mg/cm2 or g/cm2), thus it is loading weight. Accordingly, loading weight of the bottom layer which corresponds to the first layer is 0.00768 g/cm2 or 7.68 mg/cm2, and loading weight of the top layer which corresponds to the second layer is 0.00158 g/cm2 or 1.58 mg/cm2. Thus, the loading weight ratio Rlw for each layer is:
F
i
r
s
t
l
a
y
e
r
:
R
l
w
1
=
L
W
1
L
W
1
+
L
W
2
=
7.68
g
c
m
2
7.68
g
c
m
2
+
1.58
g
c
m
2
=
0.83
S
e
c
o
n
d
l
a
y
e
r
:
R
l
w
2
=
L
W
2
L
W
1
+
L
W
2
=
1.58
g
c
m
2
7.68
g
c
m
2
+
1.58
g
c
m
2
=
0.17
Using the lower endpoint, Cs is 1300 mAh/g
UC1 = (Wc x Cc) + (Ws x Cs) = (97% x 350 mAh/g) + (0% x 1300 mAh/g) = 339.5 mAh/g
UC2 = (Wc x Cc) + (Ws x Cs) = (76% x 350 mAh/g) + (19% x 1300 mAh/g) = 513 mAh/g
EC1 = UC1 x Rlw1 = 339.5 mAh/g x 0.83 = 281.79 mAh/g
EC2 = UC2 x Rlw2 = 513 mAh/g x 0.17 = 87.21 mAh/g
R
e
c
=
E
C
2
E
C
1
+
E
C
2
=
87.21
m
A
h
g
87.21
m
A
h
g
+
281.79
m
A
h
g
=
0.24
which satisfies the claim limitation wherein Rec according to Equation 3 is less than 0.5.
Using the upper endpoint, Cs is 1500 mAh/g
UC1 = (Wc x Cc) + (Ws x Cs) = (97% x 350 mAh/g) + (0% x 1500 mAh/g) = 339.5 mAh/g
UC2 = (Wc x Cc) + (Ws x Cs) = (76% x 350 mAh/g) + (19% x 1500 mAh/g) = 551 mAh/g
EC1 = UC1 x Rlw1 = 339.5 mAh/g x 0.83 = 281.79 mAh/g
EC2 = UC2 x Rlw2 = 551 mAh/g x 0.17 = 93.67 mAh/g
R
e
c
=
E
C
2
E
C
1
+
E
C
2
=
93.67
m
A
h
g
93.67
m
A
h
g
+
281.79
m
A
h
g
=
0.25
which satisfies the claim limitation wherein Rec according to Equation 3 is less than 0.5.
Regarding claim 4, Peng discloses the second anode mixture layer further comprises carbon nanotubes (CNTs) (Peng para [0023]). Carbon nanotubes are a linear conductive material.
Regarding claim 6, Peng discloses loading weight of the bottom layer which corresponds to the first layer is 0.00768 g/cm2, and loading weight of the top layer which corresponds to the second layer is 0.00158 g/cm2 (Example 2, para. [0027]). Thus, the loading weight ratio of the first anode mixture layer and the second anode mixture layer is 4.86 : 1, which lies inside the claimed range of 1.1:1 to 5:1.
Regarding claim 7, Peng discloses the first anode mixture layer (bottom graphite coating) and the second anode mixture layer (top silicon containing coating) further comprise a binder and a thickener (para [0015]). In the bottom graphite coating, the dry powder weight ratio of binder to thickener is 1-1.5% : 1-1.5% (para [0015]). Thus, the disclosed ranges anticipate the case where an amount of the binder by weight is higher than an amount of the thickener by weight. For the top silicon containing coating, the thickener to binder mass ratio is 2.2:0.8 (para. [0023]), thus an amount of the binder by weight is lower than an amount of the thickener by weight in the second anode mixture layer.
Regarding claim 8, Peng discloses the binder is styrene-butadiene rubber (SBR) (para. [0022]) and the thickener is sodium carboxymethyl cellulose (CMC) (para. [0022]). CMC is a water-soluble polymeric compound.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. [CN-110148708-A], as evidenced by Obrovac et al, (Alloy Negative Electrodes for Li-Ion Batteries. Chemical Reviews).
Regarding claim 3, Peng discloses an amount of the silicon-based active material in the second anode mixture layer is 5 wt. % to 30 wt. % in the second anode mixture layer (top silicon-containing coating, para [0012]), which overlaps the claimed range of 10 wt. % or more. Per MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Thus, the claim limitation is obvious.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2016/0204422 A1) in view of Jun et al. (US PG Pub. 2023/0021692 A1), as evidenced by Obrovac et al. (Alloy Negative Electrodes for Li-Ion Batteries. Chemical Reviews).
Regarding claim 4 and 5, Wang is relied upon as described above.
Wang fails to teach the second anode mixture layer further comprises a linear conductive material, and the linear conductive material is any one selected from a single-walled carbon nanotube (SWCNT), a multi-walled carbon nanotube (MWCNT), and combinations thereof.
Jun discloses a lithium secondary battery comprising an anode (title). The anode comprises a current collector, a first negative electrode active material layer, and a second negative electrode active material layer (para. [0047]). The second anode mixture layer (second negative electrode active material layer) includes a carbon-based active material (artificial graphite) and a silicon-based active material and carbon nanotubes (para. [0236] - [0237]). Carbon nanotubes are a linear conductive material and can be a single-walled carbon nanotube (SWCNT), a multi-walled carbon nanotube (MWCNT), and combinations thereof (para. [0092]-[0093]). The conductivity of the negative electrode is improved by the addition of carbon nanotubes by smoothly forming a conductive network in the negative electrode (para. [0092]). Furthermore, since the single-walled carbon nanotubes have a higher aspect ratio than those of multi-walled carbon nanotubes and double-walled carbon nanotubes, the single-walled carbon nanotubes have a long length and a large volume, thus are advantageous in that an electrical network can be constructed even though only a small amount is used (para. [0098]).
Wang and Jun are analogous in the field of silicon composite anode active material for lithium batteries.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add carbon nanotubes as taught by Jun to the second anode mixture layer of Wang in order to improve the conductivity of the of Wang’s anode by smoothly forming a conductive network in the negative electrode.
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. [CN-110148708-A] in view of Jun et al. (US PG Pub. 2023/0021692 A1), as evidenced by Obrovac et al., (Alloy Negative Electrodes for Li-Ion Batteries. Chemical Reviews). See examiner provided machine translation for prior art discussion of CN-110148708-A.
Regarding claim 5, Peng is relied upon as described above.
Peng fails to teach the linear conductive material carbon nanotube is any one selected from a single-walled carbon nanotube (SWCNT), a multi-walled carbon nanotube (MWCNT), and combinations thereof.
Jun discloses a lithium secondary battery comprising an anode (title). The anode comprises a current collector, a first negative electrode active material layer, and a second negative electrode active material layer (para. [0047]). The second anode mixture layer (second negative electrode active material layer) includes a carbon-based active material (artificial graphite) and a silicon-based active material (SiO) and carbon nanotubes (para. [0236] - [0237]). Carbon nanotubes are a linear conductive material and can be a single-walled carbon nanotube (SWCNT), a multi-walled carbon nanotube (MWCNT), and combinations thereof (para. [0092]-[0093]). Since the single-walled carbon nanotubes have a higher aspect ratio than those of multi-walled carbon nanotubes and double-walled carbon nanotubes, the single-walled carbon nanotubes have a long length and a large volume, thus are advantageous in that an electrical network can be constructed even though only a small amount is used (para. [0098]).
Peng and Jun are analogous in the field of silicon composite anode active material for lithium batteries.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to select a single-walled carbon nanotube (SWCNT), as taught by Jun within the carbon nanotube of the second anode mixture layer of Peng because the single-walled carbon nanotubes has a high aspect ratio and a long length, allowing an electrical network to be constructed even though only a small amount is used.
Conclusion
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/T.T.T./
THU T TRANExaminer, Art Unit 1788 9/3/2026
/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788
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