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 .
Status of Claims
Claim(s) 1-18 are currently pending.
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 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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0408546 A1, Kim et al. (hereinafter “Kim”)*.
*Cited in IDS.
Regarding claims 1 and 10
Kim teaches an electronic device (e.g., mobile electronic device such as a camcorder, a mobile phone, a laptop computer, etc.) [para. 0003], comprising an electrochemical device (corresponding to lithium secondary battery 100) [Fig. 1 and para. 0033], the electrochemical device (100) comprising:
a negative electrode plate (corresponding to anode 200) [Figs. 1-2 and para. 0033], wherein the negative electrode plate (200) comprises a negative current collector (corresponding to anode current collector 210), a first layer (corresponding to first anode active material layer 222), and a second layer (corresponding to second anode active material layer 224) [Figs. 1-2, para. 0058], and the first layer (222) is located between the negative current collector (210) and the second layer (224) [Fig. 2 and para. 0058]; and
the first layer (222) and the second layer (224) both comprise graphite [para. 0061], a ratio of an intensity of a D peak to an intensity of a G peak in a Raman spectrum of the graphite in the first layer is A (corresponding to ID/IG ratio of the first anode active material 222), A ranges from 0.05 to 0.3 (0.1 to 0.4) [paras. 0068-0069];
a ratio of an intensity of a D peak to an intensity of a G peak in a Raman spectrum of the graphite in the second layer is B (corresponding to ID/IG ratio of the second anode active material 224), B ranges from 0.4 to 0.8 (0.4 to 1.5) [para. 0070]; and
0.2≤B−A≤0.5 (0.3 ≤B−A≤ 1.1; 0.4-0.4 = 0.3; 1.5-0.4 = 1.1) [paras. 0068-0070].
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Kim, Fig. 2
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claims 2 and 11
Kim teaches the electronic and electrochemical devices as set forth above, wherein B ranges from 0.5 to 0.8 (0.4 to 1.5) [para. 0070].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claims 3 and 12
Kim teaches the electronic and electrochemical devices as set forth above, wherein A ranges from 0.05 to 0.2 (0.1 to 0.4) [paras. 0068-0069].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claims 4 and 13
Kim teaches the electronic and electrochemical devices as set forth above, wherein B ranges from 0.4 to 0.7 (0.4 to 1.5) [para. 0070], A ranges from 0.1 to 0.2 (0.1 to 0.4) [para. 0069], and 0.3≤B−A≤0.45 (0.3 ≤B−A≤ 1.1; 0.4-0.4 = 0.3; 1.5-0.4 = 1.1) [paras. 0068-0070].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claims 5 and 14
Kim teaches the electronic and electrochemical devices as set forth above, wherein a ratio of a thickness of the second layer to a thickness of the first layer ranges from 0.1 to 1.
Regarding claims 6 and 15
Kim teaches the electronic and electrochemical devices as set forth above, wherein a ratio of a thickness of the second layer (224) to a thickness of the first layer (222) ranges from 0.1 to 0.67 (a thickness of the second anode active material layer 224 may be from about 3% to 70% of a total thickness of the anode active material layer 220, resulting in a ratio of 0.03 to 2.33) [para. 0100].
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In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claims 7 and 16
Kim teaches the electronic and electrochemical devices as set forth above, wherein a ratio of a thickness of the second layer (224) to a thickness of the first layer (222) ranges from 0.1 to 0.43 (a thickness of the second anode active material layer 224 may be from about 3% to 70% of a total thickness of the anode active material layer 220, resulting in a ratio of 0.03 to 2.33) [para. 0100].
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In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claims 8 and 17
Kim teaches the electronic and electrochemical devices as set forth above, wherein the graphite comprises at least one selected from the group consisting of artificial graphite and natural graphite (“[t]he graphite particle may include an artificial graphite and a natural graphite.”) [para. 0061].
Regarding claims 9 and 18
Kim teaches the electronic and electrochemical devices as set forth above, wherein the first layer (222) and the second layer (224) both comprise the artificial graphite and a binder (“the first anode active material layer 222 may include a first negative active material and a first binder including an acrylate-styrene butadiene copolymer. For example, the second anode active material layer 224 may include a second anode active material and a second binder including an acrylate-styrene butadiene copolymer.”) [para. 0059].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0253553 A1, Ahn et al. teaches an electronic device (e.g., mobile phones, laptop computers, and electric vehicles) [para. 0003], comprising an electrochemical device (corresponding to a lithium secondary battery) [para. 0008-0011], the electrochemical device comprising:
a negative electrode plate [Fig. 1 and para. 0029], wherein the negative electrode plate comprises a negative current collector (3), a first layer (5), and a second layer (7) [Fig. 1 and para. 0029], and the first layer (5) is located between the negative current collector (3) and the second layer (7) [Fig. 1 and para. 0029]; and
the first layer (5) and the second layer (7) both comprise graphite [paras. 0014-0018, 0038, 0051 and 0053], wherein a thickness ratio of the first active material layer to the second active material layer may be about 1:1 to 1.5:1 [para. 0013].
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAYLA GONZALEZ RAMOS whose telephone number is (571)272-5054. The examiner can normally be reached Monday - Thursday, 9:00-5:00 - EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303)297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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