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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 and 12 in the reply filed on 07/31/2026 is acknowledged.
Claim 11 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/31/2026.
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.
Claims 1, 3-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lai et al. (CN102820451 as cited in 9/4/25 IDS (see attached Machine Translation)).
Considering Claim 1, Lai discloses a negative electrode for a lithium-ion secondary battery (negative electrode pole piece [Abstract] for lithium ion battery [0056] with capacity charging [0082]), having the following cross-sectional configuration, wherein:
the cross-sectional configuration comprises a negative electrode current collector (cross-sectional view [Figure 1], negative electrode current collector 101 [0041, Figure 1]), a plurality of first layers (plurality of silicon-carbon active material layers 102 [0041, Figure 1]), and a second layer (integrally formed layer of first carbon active material layer 103 and second carbon active material layer 104 [Figure 1, 0041] that fills in between layers 102 and on top [0035, Figure 1]);
each of the first layers comprises a first negative electrode active material (layers 102 comprise silicon-carbon active material [0041, 0025]) and a first conductive material (layers 102 comprise conductive agent [0041, 0025] such as graphene [0027]);
the first negative electrode active material comprises at least one of elemental silicon (silicon-carbon active material [0041, 0025]);
the second layer comprises a second negative electrode active material (first carbon active material layer 103 integrally formed with second carbon active material layer 104 [Figure 1, 0041] that fills in between layers 102 and on top [0035, Figure 1]);
the second negative electrode active material comprises graphite (active material may comprise graphene as a preferred component [0027] to act as a buffer and prevent the deterioration of the battery structure and performance [0035] so selecting graphene would have been obvious to a person of ordinary skill in the art);
the second layer does not comprise silicon (integral layers 103 and 104 contain carbon [0041] and binding agent [0026] without any silicon incorporated);
in the cross-sectional configuration, a surface of one side of the negative electrode current collector has a plurality of first regions and a second region between the first regions (regions of collector contact with layers 102 and layer 103 [0041, Figure 1]);
in the cross-sectional configuration, the first layers are in contact with the respective first regions (layers 102 disposed on collector in respective areas [Figure 1]); and
in the cross-sectional configuration, the second layer is in contact with both the second region and surfaces of one side of the first layers (integrally formed layer of first carbon active material layer 103 and second carbon active material layer 104 [Figure 1, 0041] that fills in between layers 102 and on top [0035, Figure 1], integral layer including 103 in contact with side surfaces of layer 102 and second region of collector [Figure 1]).
Considering Claim 3, Lai discloses that the first layers are present in an island form on the surface of one side of the negative electrode current collector (island layers 102 on collector [Figure 1]).
Considering Claim 4, Lai discloses that the first layers are present in a stripe form on the surface of one side of the negative electrode current collector (stripe layers 102 on collector [Figure 1]).
Considering Claim 5, Lai discloses that the first layers comprise a first binder (silicon-carbon active material layers comprise binding agent [0025]),
the second layer comprises a second binder (carbon active material layer comprises a binding agent [0026]), and
the first binder is different from the second binder (each binding agent may be different materials such as carboxymethyl cellulose or polyacrylic acid [0028] to achieve predicted result of controlling expansion and preventing deterioration [0035], so choosing or substituting different binders from selected list to achieve such predicted results would have been obvious to a person of ordinary skill in the art).
Considering Claim 6, Lai discloses that the first binder comprises polyacrylic acid (binding agent may be polyacrylic acid [0028]).
Considering Claim 7, Lai discloses that the first conductive material comprises carbon (carbon materials encompassing for the conductive agent [0027, 0060]).
Considering Claim 8, Lai discloses that the negative electrode current collector comprises copper (copper foil collector [0018]).
Considering Claim 9, Lai discloses that the disposed carbon layers act as the buffer area for the silicon-carbon active material layers to control expansion and prevent deterioration of battery structure and performance [0035], so providing enough of the carbon layers and thereby a silicon-carbon active layer coverage area [Figure 1] of less than 40% by area would have been obvious to a person of ordinary skill in the art.
Considering Claim 10, Lai discloses that the thickness of the silicon-carbon active material layer ranges from 10 µm to 20 mm [0043] and that the total thickness of the carbon active material layer ranges from (10+2 µm to 20 + 10 mm [0043]. The carbon active material act as the buffer area for the silicon-carbon active material layers to control expansion and prevent deterioration of battery structure and performance [0035], so selecting thickness ranges within these ranges and achieve such effects to provide a T1/T2 maximum thickness of 0.6 or less would have been obvious to a person of ordinary skill in the art.
Considering Claim 12, Lai discloses a lithium-ion secondary battery (lithium ion battery [0056] with capacity charging [0082]), comprising the negative electrode according to claim 1 (anode pole piece [0054], see claim 1), a positive electrode (cathode pole piece [0054]), and an electrolyte layer (barrier film filled with electrolyte [0054, 0056]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lai et al. (CN102820451 as cited in 9/4/25 IDS (see attached Machine Translation)) and further in view of Sakaguchi (JP2011029075 as cited in 7/11/25 IDS (see attached Machine Translation)).
Considering Claim 2, Lai is silent to a porosity of the first layers in a discharging state that is 25% or greater.
Sakaguchi discloses alternately arranged active materials of an electrode [0012, Figure 6]. Active materials include SiO [0033] and graphite [0036]. Porosity is preferably 35-50% to buffer expansion and contraction during both lithium absorption and release [0039].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the electrode of Lai with the porosity of Sakaguchi in order to buffer expansion and contraction during both lithium absorption and release [0039].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P DOMONE whose telephone number is (571)270-7582. The examiner can normally be reached M-F 8:00-4:30 PM.
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/CHRISTOPHER P DOMONE/ Primary Patent Examiner
Art Unit 1725
