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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US-2024-0128437-A1, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statements (IDS) filed 16DEC2023 are in compliance with 37 CFR 1.97 and have been considered.
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.
Claim(s) 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sumihara (US 2009/0202908 A1; “Sumihara”).
[AltContent: textbox (56 – Positive Electrode
57 – Negative Electrode
57a – Negative Electrode Current Collector
57b – Negative Electrode Active Material Layer – Thin Film ([0126])
58 – Separator (can be replaced with electrolyte layer ([0162]))]Regarding Claim 1, Sumihara teaches a battery ([0023]) with a positive electrode ([0067]), a negative electrode ([0036]). Sumihara teaches a solid electrolyte (layer) disposed between the positive electrode 50 and the negative electrode 51 in place of the separator 17 ([0162]). Sumihara teaches a negative electrode with a negative electrode current collector ([0066]) and a negative electrode active material layer ([0165]) on one surface of the negative electrode current collector (please see Fig. 1 below).
PNG
media_image1.png
257
460
media_image1.png
Greyscale
Fig. 12 of Sumihara from Sheet 11 of Drawings of Sumihara
Sumihara teaches a plurality of columnar bodies contained in the negative electrode active material layer ([0035]). Furthermore, Sumihara teaches that the columnar bodies contain an active material consisting of silicon ([0035-0036]) and a conductive agent made of carbon black or carbon fibers ([0148-0149, 0154]) (a filler comprising a carbon material). Sumihara teaches that the conductive agent (the filler) is mixed and dispersed with the negative electrode active material (which contains the columnar bodies) ([0156]) and then dried ([0151]) (the filler is embedded in the columnar bodies). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." (MPEP 2112.01 [R-3] (I)). The product, which is chemically identical to that of the claims, indicates the filler must be embedded in the columnar bodies.
Regarding Claim 2, Sumihara teaches that the conductive agent (the filler) is mixed and dispersed with the negative electrode active material (which contains the columnar bodies) ([0156]) and then dried ([0151]) "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." (MPEP 2112.01 [R-3] (I)). The product, which is chemically identical to that of the claims, indicates the filler must be embedded in the columnar bodies. Sumihara teaches that that columnar bodies form a matrix, depicted below in Fig. 16 of Sumihara:
PNG
media_image2.png
273
637
media_image2.png
Greyscale
Fig. 16 of Sumihara from Sheet 15 of Drawings of Sumihara
Sumihara teaches that the columnar bodies (a matrix) contain an active material consisting of silicon ([0035-0036]). The matrix (columnar bodies) (please see Fig. 16 of Sumihara above) surround the filler because the filler must be embedded in the columnar bodies.
Regarding Claim 3, Sumihara teaches that in the case of using a solid electrolyte or a gelled electrolyte, such an electrolyte may be disposed between the positive electrode 50 and the negative electrode 51 in place of the separator 17. Alternatively, the gelled electrolyte may be disposed adjacently to the separator 52 ([0162]). Because the separator is distinct from the negative electrode active material (please see Fig. 12 of Sumihara above) in its solid form, and given the materials used in the negative electrode active material layer ([0154-0155]), the negative electrode active material layer is essentially free from an electrolyte ([0162]).
Regarding Claim 4, Sumihara teaches that all of the columnar bodies may be inclined in the same direction, or each of the columnar bodies may be inclined in different directions ([0132]) along a surface of the negative electrode current collector ([0210, 0215]). Please refer to Fig. 16 of Sumihara above.
Regarding Claim 5, Sumihara teaches that the composition of the negative electrode active material was in a ratio of silicon to oxygen of 1:0.5 ([0214]). This indicates that the columnar bodies comprise silicon as a main component by mass, as defined by the specification ([0043]).
Regarding Claim 6, Sumihara teaches that the conductive agent (filler) is carbon black (constituting the main component) ([0149]).
Regarding Claim 7, Sumihara teaches that the carbon fiber and carbon black (carbon material) may be used as the conductive agent (filler) ([0149]).
Regarding Claim 8, Sumihara teaches that columnar particles (made of columnar bodies ([0035])) may be a particulate matter formed of a stack of two or more minute columnar bodies ([0132])(has a particulate shape).
Regarding Claim 9, Sumihara teaches a columnar particle 32, which is made of a plurality of columnar bodies ([0035]), serves as the negative electrode active material layer active material layer ([0123]). This negative electrode active material layer contains a binder ([0154] (the columnar bodies further comprise a binder).
Regarding Claim 10, Sumihara teaches that the negative electrode current collector is made of copper ([0153]).
Regarding Claim 11, Sumihara teaches a non-aqueous (solid) electrolyte with lithium ion conductivity ([0038]).
Regarding Claim 12, Sumihara teaches a phosphorus sulfide compound may be used as a solid electrolyte ([0162]).
Regarding Claim 13, Sumihara teaches that the columnar particle 32, which is made of a plurality of columnar bodies ([0035]) and which can contain the active material – silicon ([0035-0036]) and a conductive agent made of carbon black or carbon fibers (a carbon material) ([0148-0149, 0154]) - can be formed according to a commonly known method for forming a thin film, such as vacuum vapor deposition, sputtering, chemical vapor deposition (CVD), and the like ([0126]), and is deposited on the negative electrode current collector ([0154]) for example using a slurry ([0156]). Sumihara teaches that according to the vacuum vapor deposition, for example, vapor of active material is deposited on the surface of the current collector 31 obliquely, and thus the columnar particles 32 are formed ([0126]).
Sumihara teaches a laminated battery 55 includes a positive electrode 56, a negative electrode 57, and a separator 58. The negative electrode 57 includes a negative electrode current collector 57a and a negative electrode active material layer 57b formed on one surface of the negative electrode current collector 57a (the thin film) in its thickness direction. The positive electrode 56 and the negative electrode 57 are disposed so as to be opposite to each other with the separator 58 interposed therebetween. In other words, in the laminated battery 55, the positive electrode 56, the separator 58, and the negative electrode 57 are laminated in this order and formed into a flat electrode plate group. The positive electrode 56, the negative electrode 57, and the separator 58 have the same configuration of the positive electrode 50, the negative electrode 51, and the separator 52 in the non-aqueous electrolyte secondary battery 40, respectively. The same non-aqueous electrolyte as used in the non-aqueous electrolyte secondary battery 40 can be used in the laminated battery 55 ([0166]) in place of the separator ([0162]). Please see Fig. 12 of Sumihara above for a depiction of the laminated battery.
Sumihara teaches that charging and discharging the battery affects the diameter or cross-sectional shape of the columnar particles (made of columnar bodies ([0257]) and the volume of the active material layer (made of columnar bodies ([0257]) due to lithium absorption in pores of the columnar particles ([0134], [0137]), indicating there are changes during initial charging and discharging of the columnar particles (columnar bodies) ([0138-0139]) (part of the formation process of the columnar bodies). The columnar bodies can contain the active material – silicon ([0035-0036]) and a conductive agent made of carbon black or carbon fibers (a carbon material) ([0148-0149, 0154]). Sumihara teaches that initial charge and discharge affect the diameter or cross-sectional shape of the columnar particles, and the measurements are preferably performed with respect to an active material layer in a state immediately after initial charge/discharge ([0139]). Sumihara provides a means of calculating changes in the volume of the active material layer during initial charge and discharge ([0138]). Sumihara teaches that the charging and discharging occurs in a laminated battery (body) ([0273]).
Regarding claim 14, Sumihara teaches that the positive electrode material mixture slurry thus obtained is applied onto one or both surfaces of the positive electrode current collector, dried, and then rolled into a predetermined thickness (forming a thin film, for example one with a thickness of 58 microns – [0175]) to yield a positive electrode active material layer, whereby the positive electrode 50 is obtained ([0151]). Sumihara teaches that the negative electrode 51 can be produced in the same manner as the positive electrode 50 except that the negative electrode material mixture slurry is prepared by mixing and dispersing a negative electrode active material (silicon ([0035-0036]), and, as needed, a conductive agent (made of carbon black or carbon fibers (a carbon material) ([0148-0149, 0154]), a binder, a thickener, and the like into a dispersion medium ([0156]). Sumihara teaches that the negative electrode active material layer (formed from the coating liquid or the material mixture slurry described above) is formed on one or both surfaces of the negative electrode current collector ([0154]). Sumihara states that when the negative electrode 51 is the electrode or when the positive electrode 50 is the electrode, the electrode includes a negative electrode current collector and a negative electrode active material layer ([0152]).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Sumihara (US 2009/0202908 A1; “Sumihara”) in view of Yamamoto (US 2010/0075217 – A1).
Sumihara teaches the limitations of Claim 13 as discussed above and referred to as the manufacturing method of Sumihara.
Sumihara teaches that the laminated batteries ([0273]) were charged and discharged ([0282]).
Sumihara does not teach that the charge/discharge cycle was done while applying pressure to the laminated body.
Tamamoto teaches that an electrode assembly is pressed during an initial charge and discharge (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the manufacturing method of Sumihara by applying a pressure to the laminated body as taught by Tamamoto while charging and discharging. Tamamoto indicates the negative electrode active material expands due to absorption of lithium ions during initial charge and discharge, and the application of pressure prevents the battery from swelling ([0030]). Sumihara and Tamamoto each constitute prior art which is directly analogous to claimed invention (MPEP 2141.01(a)(I)). Tamamoto directly links the lack of battery swelling to a lithium ion secondary battery with high capacity and high output, capable of maintaining battery performance such as charge/discharge cycle characteristics at a high level for a long time, and having long service life (Abstract). Tamamoto further identifies this positive benefit in the context of a battery with a thin-film negative electrode active material layer ([0012]) containing silicon ([0057]) and forming columnar pieces (bodies)([0111]). This provides the direct motivation to modify the manufacturing method of Sumihara by applying a pressure to the laminated body as taught by Tamamoto while charging and discharging the laminated body.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20120107684 A1 to Iwamoto et al. - teaches the method for producing a negative electrode for a lithium ion battery including forming a silicon oxide layer composed of a plurality of columnar bodies that extend outwardly from the surface of the negative electrode current collector and that are formed at intervals from each other ([0059]); teaches a negative electrode active material layer containing silicon and composed of columnar bodies (Abstract)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM FADDOUL SAVAGE whose telephone number is (571)270-0315. The examiner can normally be reached 8a.m.-5p.m..
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, Aaron Austin can be reached at 571-272-8935. 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.
/WILLIAM FADDOUL SAVAGE/
Examiner, Art Unit 1782
/AARON AUSTIN/ Supervisory Patent Examiner, Art Unit 1782
Prosecution Insights