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 .
Summary
This is the initial Office Action based on the 18/671,548 application filed on 05/22/2024.
Claims 1-13 are currently pending and have been fully considered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1-8 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al. (CN111540882 with provided machine English translation).
Addressing claims 1-5, Zhu discloses a negative electrode (negative electrode, title) for a rechargeable lithium battery (Abstract), the negative electrode comprising:
a current collector 1; and
a negative active material layer on at least one surface of the current collector (fig. 1),
wherein the negative active material layer comprises:
a first crystalline carbon layer 2 (graphite, [0067]) in contact with the current collector,
a silicon layer 3 [0067] on the first crystalline carbon layer 2 and comprising a Si-carbon composite [0042], and
a second crystalline carbon layer 4 (graphite, [0067]) on the silicon layer, and
wherein a thickness of the silicon layer 3 is about 3 % to about 35 % based on a total thickness of the negative material layer (paragraph [0019] discloses the thickness of the first graphite layer 2 is 5 to 30 µm; paragraph [0021] discloses the thickness of the silicon-based layer 3 is 15 to 50 µm; paragraph [0023] discloses the thickness of the second graphite layer 4 is 1 to 30 µm; which results in the claimed thickness of the silicon layer 3 relative to the total thickness of the negative material layer; for example, the thickness of the first crystalline carbon layer 2 is 29 µm, the thickness of the silicon layer 3 is 28 µm and the thickness of the second crystalline carbon layer is 29 µm that result in the claimed thickness range).
Addressing claim 6, Zhu discloses the first and second crystalline carbon layers are made of graphite, which satisfies the limitation of claim 6 since the claimed “artificial graphite, natural graphite, or a mixture thereof” recites all existing variations of graphite without specify any structural differences between artificial graphite and natural graphite. The graphite material disclosed by Zhu is either natural graphite, artificial graphite or is a mixture thereof as claimed.
Addressing claim 7, paragraph [0031] discloses the silicon-based material includes graphitic active material, which qualifies as the claimed crystalline carbon.
Addressing claim 8, paragraph [0036] discloses the mass ratio of the silicon-based material, which includes Si-carbon composite, relative to graphitic active material that satisfies the mass ratio range.
Addressing claim 13, Zhu discloses a rechargeable lithium battery [0012], comprising:
the negative electrode as claimed in claim 1 (see the rejection of claim 1 above);
a positive electrode comprising a positive active material [0110]; and
a non-aqueous electrolyte [0110].
Claim(s) 1-8 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (KR20170107213 with provided machine English translation).
Addressing claims 1-5, Yang discloses a negative electrode for a rechargeable lithium battery [0025], the negative electrode comprising:
a current collector 10; and
a negative active material layer 20 on at least one surface of the current collector,
wherein the negative active material layer comprises:
a first crystalline carbon layer 22 [0039] in contact with the current collector 10,
a silicon layer 24 on the first crystalline carbon layer and comprising a Si-carbon composite (paragraphs [0042-0043] disclose composite of si and carbon)
a second crystalline carbon layer 24 [0039] on the silicon layer, and
wherein a thickness of the silicon layer is about 3 % to about 35 % based on a total thickness of the negative active material layer (paragraph [0040] discloses the thickness of the first and second crystalline carbon layers 24 and 26 as 1 to 100 µm each and paragraph [0044] discloses the thickness of the silicon layer 24 is 1 to 100 µm, which results in the claimed thickness ratio range; furthermore, paragraph [0048] discloses the thickness ratio range that also satisfies the claimed limitation).
Addressing claim 6, paragraph [0045] discloses the claimed materials.
Addressing claim 7, Yang discloses in paragraph [0026] the addition of conductive material to the silicon layer. Paragraph [0045] discloses graphite as the conductive material, which qualifies as the claimed crystalline carbon in the silicon layer.
Addressing claim 8, paragraph [0062] discloses the amount of conductive material, i.e. crystalline carbon, added to the silicon slurry, which is si-carbon composite, is between 100:0 to 100:40 that includes values that fall within the claimed ratio range.
Addressing claim 13, Yang discloses a rechargeable lithium battery [0025], comprising:
the negative electrode as claimed in claim 1 (see the rejection of claim 1 above);
a positive electrode comprising a positive active material [0076]; and
a non-aqueous electrolyte [0088].
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.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (CN111540882 with provided machine English translation) in view of Tian (CN105047878 with provided machine English translation).
Addressing claim 9, Zhu is silent regarding the Si-carbon composite comprises silicon nano particles and amorphous carbon.
Tian discloses active material for negative electrode comprises Si-carbon composite comprises silicon nano particles and amorphous carbon [0023].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the silicon layer of Zhu with the known silicon based material comprising silicon nanoparticles and amorphous carbon disclosed by Tian in order to alleviate the volume expansion of silicon material during charging and discharging (Tian, [0023]).
Addressing claim 11, Zhu discloses in paragraph [0031] the silicon layer comprises the silicon-carbon composite as well as graphitic active material, which is qualified as the claimed crystalline carbon.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (CN111540882 with provided machine English translation) in view of Kim (US 2022/0359868).
Addressing claims 9-10, Zhu is silent regarding the limitation of current claim.
Kim discloses a silicon-carbon composite anode active material for lithium secondary battery; wherein, the active material comprises secondary particle in which silicon primary particles are agglomerated, and amorphous carbon is on the primary particles and the secondary particle [0014-0016].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the silicon-carbon composite of Zhu with the silicon-carbon composite active material in which silicon primary nanoparticles are agglomerated, and amorphous carbon is on the primary particles and the secondary particle as disclosed by Kim in order to improve the capacity of the anode material having good electrical conductivity, to improve the cycle life, to improve the output characteristics and safety of the secondary battery (Kim, [0011-0013]).
Addressing claims 11-12, Zhu discloses in paragraph [0031] the silicon layer comprises the silicon-carbon composite as well as graphitic active material, which is qualified as the claimed crystalline carbon.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (KR20170107213 with provided machine English translation) in view of Tian (CN105047878 with provided machine English translation).
Addressing claim 9, Yang is silent regarding the Si-carbon composite comprises silicon nano particles and amorphous carbon.
Tian discloses active material for negative electrode comprises Si-carbon composite comprises silicon nano particles and amorphous carbon [0023].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the silicon layer of Zhu with the known silicon based material comprising silicon nanoparticles and amorphous carbon disclosed by Tian in order to alleviate the volume expansion of silicon material during charging and discharging (Tian, [0023]).
Addressing claim 11, Yang discloses in paragraph [0045] the silicon layer further includes conductive material such as graphite, which qualifies as the claimed crystalline carbon.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (KR20170107213 with provided machine English translation) in view of Kim (US 2022/0359868).
Addressing claims 9-10, Yang is silent regarding the limitation of current claim.
Kim discloses a silicon-carbon composite anode active material for lithium secondary battery; wherein, the active material comprises secondary particle in which silicon primary particles are agglomerated, and amorphous carbon is on the primary particles and the secondary particle [0014-0016].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the silicon-carbon composite of Yang with the silicon-carbon composite active material in which silicon primary nanoparticles are agglomerated, and amorphous carbon is on the primary particles and the secondary particle as disclosed by Kim in order to improve the capacity of the anode material having good electrical conductivity, to improve the cycle life, to improve the output characteristics and safety of the secondary battery (Kim, [0011-0013]).
Addressing claims 11-12, Yang discloses in paragraph [0045] the silicon layer further includes conductive material such as graphite, which qualifies as the claimed crystalline carbon.
Conclusion
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/BACH T DINH/Primary Examiner, Art Unit 1726 09/09/2026
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