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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 04/25/2024 and 07/22/2025 have been considered by the examiner.
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.
(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.
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 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.
Claims 1-4, 6, 7, 9-11, 13, 14, 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by OH US20200112019
Regarding claim 1, OH discloses an anode active material for a secondary battery, comprising: a plurality of core particles; and one or more coating layers including a lithium salt, each coating layer formed on a surface of at least one of the plurality of core particles (In one aspect of the present disclosure, there is provided a negative electrode active material including a core, an intermediate layer and a shell layer, wherein the core includes a silicon oxide of SiOx (0<x<2); the intermediate layer is a lithium silicate-containing layer disposed on the surface of the silicon oxide; the shell layer is a LiF coating layer disposed on the surface of the lithium silicate-containing layer [Para 0011]).
Regarding claim 2, OH discloses the core particles include a graphite-based active material, a silicon-based active material, or a mixture of the graphite-based active material and the silicon-based active material (the core includes a silicon oxide of SiOx (0<x<2) [Para 0011])
Regarding claim 3, OH discloses a content of the coating layer is 0.05 to 5.0% by weight based on 100% by weight of the anode active material (the LiF coating layer may be formed on the surface of SiOx in an amount of 0.1-3 wt %, preferably 0.3-1 wt %, and more preferably 0.4-1 wt % based on the total weight of the negative electrode active material [Para 0036])
Regarding claim 4, OH discloses the lithium salt includes at least one of lithium benzoate, LiI, LiCl, LiF, Li3PO4, LiBO2, LiIO2, Li2CO3, Li2B4O7, or Li2SO4 (the intermediate layer is a lithium silicate-containing layer disposed on the surface of the silicon oxide the and shell layer is a LiF coating layer disposed on the surface of the lithium silicate-containing layer [Para 0011])
Regarding claim 6, OH discloses an anode for a secondary battery, comprising:
an anode current collector and an anode active material layer formed on at least one surface of the anode current collector, and including an anode active material and a binder (The electrode layer may be obtained by applying negative electrode slurry, prepared by dispersing the negative electrode active material according to the present disclosure, a binder and a conductive material in a solvent, to at least one surface of a current collector [Para 0063]);
wherein the anode active material comprises: a plurality of core particles; and one or more coating layers including a compound that includes lithium, each coating layer formed on a surface of at least one of the plurality of core particles (In one aspect of the present disclosure, there is provided a negative electrode active material including a core, an intermediate layer and a shell layer, wherein the core includes a silicon oxide of SiOx (0<x<2); the intermediate layer is a lithium silicate-containing layer disposed on the surface of the silicon oxide; the shell layer is a LiF coating layer disposed on the surface of the lithium silicate-containing layer [Para 0011])
Regarding claim 7, OH discloses wherein the binder is at least one of a styrene-butadiene rubber (SBR), polyethylene oxide (PEO), polyvinyl alcohol (PVA), polyvinylidene fluoride (PVDF), or Polyacrylic Acid (PAA) (Particular examples of the binder include polyvinylidene-co-hexafluoropropylene (PVDF-co-HFP), polyvinylidene fluoride, polyacrylonitrile, polymethyl methacrylate, polyvinyl alcohol, carboxymethyl cellulose (CMC), starch, hydroxypropyl cellulose, regenerated cellulose, polyvinyl pyrrolidone, tetrafluoroethylene, polyethylene, polypropylene, polyacrylate, styrene butadiene rubber (SBR), or the like [Para 0067])
Regarding claim 9, OH discloses the core particles include a graphite-based active material, a silicon-based active material, or a mixture of the graphite-based active material and the silicon-based active material (the core includes a silicon oxide of SiOx (0<x<2) [Para 0011])
Regarding claim 10, OH discloses a content of the coating layer is 0.05 to 5.0% by weight based on 100% by weight of the anode active material. (the LiF coating layer may be formed on the surface of SiOx in an amount of 0.1-3 wt %, preferably 0.3-1 wt %, and more preferably 0.4-1 wt % based on the total weight of the negative electrode active material [Para 0036])
Regarding claim 11, OH discloses the lithium salt is at least one of lithium benzoate, LiI, LiCl, LiF, Li3PO4, LiBO2, LiIO2, Li2CO3, Li2B4O7, or Li2SO4. (the intermediate layer is a lithium silicate-containing layer disposed on the surface of the silicon oxide and the shell layer is a LiF coating layer disposed on the surface of the lithium silicate-containing layer [Para 0011])
Regarding claim 13, OH discloses A secondary battery, comprising:
a cathode (Lithium (Li) metal foil cut into a circular shape having an area of 1.7671 cm2 was used as a positive electrode [Para 0092])
an anode (cutting was carried out into a circular shape having an area of 1.4875 cm2 to obtain a negative electrode. [Para 0091])
an electrolyte (an electrolyte, including 1M LiPF6 dissolved in a mixed solution of methyl ethyl carbonate (EMC) and ethylene carbonate (EC) [Para 0092])
wherein the anode comprises: an anode current collector; and an anode active material layer formed on at least one surface of the anode current collector, and including an anode active material, and a binder (The electrode layer may be obtained by applying negative electrode slurry, prepared by dispersing the negative electrode active material according to the present disclosure, a binder and a conductive material in a solvent, to at least one surface of a current collector [Para 0063]);
wherein the anode active material comprises: a plurality of core particles; and one or more coating layers including lithium salt, each coating layer formed on a surface of at least one of the plurality of core particles (The negative electrode active material according to an embodiment of the present disclosure may further include a carbon coating layer on the LiF coating layer. [Para 17])
Regarding claim 14, OH discloses wherein the binder is at least one of a styrene-butadiene rubber (SBR), polyethylene oxide (PEO), polyvinyl alcohol (PVA), polyvinylidene fluoride (PVDF), or Polyacrylic Acid (PAA) (Particular examples of the binder include polyvinylidene-co-hexafluoropropylene (PVDF-co-HFP), polyvinylidene fluoride, polyacrylonitrile, polymethyl methacrylate, polyvinyl alcohol, carboxymethyl cellulose (CMC), starch, hydroxypropyl cellulose, regenerated cellulose, polyvinyl pyrrolidone, tetrafluoroethylene, polyethylene, polypropylene, polyacrylate, styrene butadiene rubber (SBR), or the like [Para 0067])
Regarding claim 16, OH discloses the core particles include a graphite-based active material, a silicon-based active material, or a mixture of the graphite-based active material and the silicon-based active material (the core includes a silicon oxide of SiOx (0<x<2) [Para 0011])
Regarding claim 17, OH discloses a content of the coating layer is 0.05 to 5.0% by weight based on 100% by weight of the anode active material (the LiF coating layer may be formed on the surface of SiOx in an amount of 0.1-3 wt %, preferably 0.3-1 wt %, and more preferably 0.4-1 wt % based on the total weight of the negative electrode active material [Para 0036])
Regarding claim 18, OH discloses the lithium salt is at least one of lithium benzoate, LiI, LiCl, LiF, Li3PO4, LiBO2, LiIO2, Li2CO3, Li2B4O7, or Li2SO4. (the intermediate layer is a lithium silicate-containing layer disposed on the surface of the silicon oxide and the shell layer is a LiF coating layer disposed on the surface of the lithium silicate-containing layer [Para 0011])
Claim Rejections - 35 USC § 103
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.
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.
Claims 5, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over OH US20200112019A1 as applied to claims 6 and 13 above, and further in view of Kamo (US20170040599A1).
Regarding claim 5, 12 and 19, OH discloses the limitations of claims 1, 6 and 13 as outlined above.
OH fails to explicitly teach the coating layer comprises at least one of polyvinyl alcohol (PVA), polyethylene oxide (PEO), carbonylmethylcellulose (CMC), polyvinylidene fluoride (PVDF), polyacrylonitrile (PAN), polyimide (PI), crown ether, ascorbic acid, B2O3, or Al(NO3)3
Kamo teaches the coating layer comprises at least one of polyvinyl alcohol (PVA), polyethylene oxide (PEO), carbonylmethylcellulose (CMC), polyvinylidene fluoride (PVDF), polyacrylonitrile (PAN), polyimide (PI), crown ether, ascorbic acid, B2O3, or Al(NO3)3 (The organic polymer used for the coating layer preferably includes at least one of polyacrylic acid and an alkali metal salt thereof, carboxymethyl cellulose and an alkali metal salt thereof, polyvinyl alcohol, polycarbonate, polyvinylidene fluoride, and polyvinylidene tetrafluoride [Para 0092])
It would have been obvious to a person of ordinary skill in the art at that time of invention to modify to include the coating layer made out of organic polymer. One of ordinary skill in the art would be motivated to do so because the organic polymer coating the silicon compound provides excellent resistance to an organic solvent and an aqueous solvent [Para 0093].
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over OH US20200112019A1 as applied to claims 6 and 13 above, and further in view of Lee (Visualization of styrene-butadiene rubber (SBR) latex and large-scale analysis of the microstructure of lithium-ion battery (LIB) anodes, Journal of Power Sources).
Regarding claim 8 and 15, OH discloses the limitations of claims 6 and 13 as outlined above.
OH fails to explicitly teach the anode active material layer has an absolute value of a slope of distribution of a binder measured according to an SEM-Os analysis method of 0.009 or less.
Lee teaches the anode active material layer has an absolute value of a slope of distribution of a binder measured according to an SEM-Os analysis method of 0.009 or less (FIG 7 explicitly demonstrates an anode dried under low drying temperature (LDT) conditions exhibiting a uniform SBR binder distribution across sections 1 through 6, yielding flat distribution profile whose absolute value of the slope inherently falls within the claimed numerical range of 0.009 or less.)
It would have been obvious to a person of ordinary skill in the art at that time of invention to
modify the anode active material layer to have an absolute value of a slope of distribution of a binder measured according to an SEM-Os analysis method of 0.009 or less. One of ordinary skill in the art would be motivated to do so because achieving a uniform distribution of these materials in the microstructure of the electrode maximizes their function at a minimal content [Introduction; Para 2] and excess migration of binder causes an inhomogeneous distribution of the binder, resulting in problems such as delamination of the electrode layer from the substrate or a higher internal resistance within the electrode [Introduction; Para 3]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALEB UCHECHUKWU ORJI whose telephone number is (571)270-3370. The examiner can normally be reached 7:00am- 5:00pm ET Mon-Thur.
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, Joshua Allen, can be reached at telephone number 5712703176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/CALEB U ORJI/Examiner, Art Unit 1713
/JOSHUA L ALLEN/Supervisory Patent Examiner, Art Unit 1713
Prosecution Insights