DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites the limitation “the carbonaceous negative polarity active material” which should be amended to read “the carbonaceous negative
Appropriate correction is required.
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.
Claims 1-5 are 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 1 recites “and the half width of the peak having the mode value is 0.3 or more and 0.6 or less”, which renders the claim vague and indefinite, as it is not clear to which peak the limitation refers, as there are two, one at the D band and one at the G band, and the 0.3 and 0.6 carry no units, and so it is unclear how the half width is measured, and the specification does not clarify the meaning of this limitation, and so one skilled in the art would not be apprised of the intended scope of the claim.
For the purposes of examination, the examiner understands this limitation to more precisely require “the ratio of the half width of the peaks having the mode value is 0.3 or more and 0.6 or less”, and the examiner suggests such a similar amendment to correct these issues.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20240313223A1, hereafter Yushin, in view of Published Application US20230352651A1, hereafter Lee.
Regarding claim 1, Yushin discloses a negative electrode active material layer ([0071] battery anode coating) comprising a carbonaceous negative electrode active material ([0066] graphite active material particles),
wherein in the frequency distribution of D/G of the carbonaceous negative electrode active material, which is the ratio of the peak intensity of the D band to the peak intensity of the G band, obtained by Raman mapping measurement, the mode value is 0.50 or more and 0.80 or less ([0162] D/G peak intensity ratio of from about 0.50 to about 0.80), and the ratio of the half widths of the peaks having the mode value is 0.3 or more and 0.6 or less ([0162] FWHM of D band of 30-90 cm-1; FWHM of G band of 5-105 cm-1; thus, for example a FWHM of intensity peak at D of 40 cm-1 and a FWHM of intensity peak at G of 20 cm-1 would give a D/G half width ratio of 0.5).
Yushin is silent on wherein the negative electrode active material layer has an orientation I004/I110 of 1.00 or more and 2.00 or less as measured by X-ray diffractometry.
In the analogous art of carbonaceous negative electrode materials for secondary batteries, Lee discloses wherein the negative electrode active material layer has an orientation I004/I110 of 1.00 or more and 2.00 or less as measured by X-ray diffractometry ([0056] I(110)/I(004) of 0.8 or 0.7 or less, which would be I(004)/I(110) of 1.25 or 1.43 or more, which overlaps with the claimed range of between 1.00 or more and 2.00 or less. ‘In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists’ (MPEP 2144.05 (I)); [0056] When the negative electrode has I(110)/I(004) of about 0.1 or greater, DC internal resistance may not be increased and rate capabilities and particularly, high rate cycle-life characteristics may be improved).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Yushin to select an intensity ratio I004/I110 of 1.25 or 1.43 or more for the negative electrode active material layer as disclosed by Lee in order to suppress an increase in DC internal resistance and to improve rate capabilities, and particularly high rate cycle-life characteristics, as suggested by Lee.
Regarding claim 2, Yushin discloses wherein D50 particle size of the carbonaceous negative active material measured by laser diffraction method is 17.0 µm or less ([0156] D50 of suitable graphite ranges from about 0.025 µm to about 10 µm).
Regarding claim 3, Yushin discloses wherein the carbonaceous negative electrode active material is graphite ([0066] graphite active material particles).
Regarding claim 4, Yushin discloses wherein the density of the negative electrode active material layer is 1.2g/cc or more and 1.6g/cc or less ([0071] coating density of anode is 1.2g/cc to 1.4g/cc).
Regarding claim 5, Yushin discloses a secondary battery ([0029] lithium-ion battery) comprising at least the negative electrode active material layer according to Claim 1 (see above 35 U.S.C. 103 rejection of claim 1), a separator ([0029] separator), and a positive electrode active material layer ([0029] cathode).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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