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
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 03/04/2024, 02/05/2025, and 07/29/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
3. 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 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.
4. Claim(s) 1, 3-4, 7, and 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeong et al. (Pub. No. US 20170309896 A1).
Regarding claim 1, Jeong teaches a lithium secondary battery (secondary battery, see [0038], see [0041] positive active materials include lithium, see [0062] gives an example of using Li metal as a positive electrode) comprising: a positive electrode (positive electrode, see [0038]); a negative electrode (negative electrode, see [0038]) including a negative electrode current collector (current collector, see [0011]) and a negative electrode active material layer (negative electrode mix, see [0011]) formed on at least one surface (applied to a current collector, see [0011] where the mix is applied therefore formed on at least one surface of the current collector) of the negative electrode current collector (current collector, see [0011]); a separator (separator membrane, see [0038]); and an electrolyte (electrolyte, see [0038]) including a lithium salt (lithium salt, see [0046]) and an organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent), wherein the negative electrode active material layer (negative electrode mix, see [0011]) includes a negative electrode active material (negative electrode active material, see [0011]), an aqueous binder (aqueous binder, see [0011]), and a lithium carboxymethyl cellulose salt (thickening agent is CMC-Li salt, see [0011]), and wherein the organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent) includes diethyl carbonate (DEC, see [0052] where the solvent includes DEC).
Regarding claim 3, Jeong teaches wherein the organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent) further comprises one or more of ethylene carbonate (EC, see [0052] where the solvent is a mix of a cyclic carbonate and linear carbonate), propylene carbonate (PC, see [0052] where the solvent is a mix of a cyclic carbonate and linear carbonate), 1,2-butylene carbonate, 2,3-butylene carbonate, 1,2-pentylene carbonate, 2,3-pentylene carbonate, vinylene carbonate, fluoroethylene carbonate, dimethyl carbonate, dipropyl carbonate, ethyl methyl carbonate, methyl propyl carbonate, ethyl propyl carbonate, dimethyl ether, diethyl ether, dipropyl ether, methyl ethyl ether, methyl propyl ether, ethyl propyl ether, methyl acetate, ethyl acetate, propyl acetate, methyl propionate, ethyl propionate, propyl propionate, butyl propionate, γ-butyrolactone, γ-valerolactone, γ-caprolactone, σ-valerolactone, or ε-caprolactone.
Regarding claim 4, Jeong teaches wherein the organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent) further comprises one or more of ethylene carbonate (EC, see [0052] where the solvent is a mix of a cyclic carbonate and linear carbonate), ethyl methyl carbonate, or dimethyl carbonate.
Regarding claim 7, Jeong teaches wherein the lithium carboxymethyl cellulose salt (thickening agent is CMC-Li salt, see [0011]) has a degree of substitution of a hydroxy group (substitution degree of a hydroxyl group, see [0013]) with a lithium carboxymethyl group (carboxymethyl lithium group, see [0013]) ranging from 0.7 to 1.3 (0.7 to 1.5, see [0013] teaches an overlapping range, see [0060] gives a specific example of substitution of 1.0 which falls within the claimed range).
Regarding claim 10, Jeong teaches wherein the lithium carboxymethyl cellulose salt (thickening agent is CMC-Li salt, see [0011]) is included in an amount of 10 wt % or less (0.6% to 1.4% by weight, see [0011]) based on a total weight (total weight of negative electrode mix, see [0011]) of the negative electrode active material layer (negative electrode mix, see [0011]).
Regarding claim 11, Jeong teaches wherein the aqueous binder (aqueous binder, see [0011]) includes styrene-butadiene rubber (styrene-butadiene rubber, see [0022]).
Regarding claim 12, Jeong teaches wherein the styrene-butadiene rubber (styrene-butadiene rubber, see [0022]) has a particle diameter ranging from 90 nm to 500 nm (90 nm to 500 nm, see [0023]).
Regarding claim 13, Jeong teaches wherein the negative electrode active material (negative electrode active material, see [0011]) includes one or more carbon-based materials (carbons, see [0025], see [0026] where the carbon-based material is preferred as exerting most excellent effects) comprising of graphite-based carbon (graphite-based carbon, see [0025], see [0026]), coke-based carbon (coke-based carbon, see [0026]), or hard carbon (hard carbon, see [0026]).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 1-4, 7, and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (Pub. No. US 20170309896 A1).
Alternative Rejection to Claim 1
Regarding claim 1, in the event it is found that claim 1 is not anticipated by Jeong, it is found obvious as Jeong teaches a lithium secondary battery (secondary battery, see [0038], see [0041] positive active materials include lithium, see [0062] gives an example of using Li metal as a positive electrode) comprising: a positive electrode (positive electrode, see [0038]); a negative electrode (negative electrode, see [0038]) including a negative electrode current collector (current collector, see [0011]) and a negative electrode active material layer (negative electrode mix, see [0011]) formed on at least one surface (applied to a current collector, see [0011] where the mix is applied therefore formed on at least one surface of the current collector) of the negative electrode current collector (current collector, see [0011]); a separator (separator membrane, see [0038]); and an electrolyte (electrolyte, see [0038]) including a lithium salt (lithium salt, see [0046]) and an organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent), wherein the negative electrode active material layer (negative electrode mix, see [0011]) includes a negative electrode active material (negative electrode active material, see [0011]), an aqueous binder (aqueous binder, see [0011]), and a lithium carboxymethyl cellulose salt (thickening agent is CMC-Li salt, see [0011]), but is silent to explicitly wherein the organic solvent includes diethyl carbonate.
However, Jeong teaches wherein the organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent) includes diethyl carbonate (DEC, see [0052] where the solvent is a mixed solvent of linear carbonate and cyclic carbonate, and where the cyclic carbonate is DEC).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jeong such that the non-aqueous organic solvent includes diethyl carbonate as Jeong teaches it is known in the art to do so. Further Jeong teaches that modifications can be made (see [0092] of Jeong).
Regarding claim 2, Jeong fails to teach wherein the organic solvent includes diethyl carbonate in an amount of 10 vol % or more based on a total volume of the organic solvent.
However, Jeong teaches wherein the organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent) includes linear carbonate (linear carbonate, see [0052] where the non-aqueous electrolyte includes a mixed solvent of cyclic carbonate and linear carbonate, see [0062] gives a specific example of the solvent including EC and DMC) in an amount of 10 vol% (50 vol%, see [0062] where the cyclic carbonate is EC and linear carbonate is DMC and they are present in volume ratio of 1:1) or more based on a total volume of the organic solvent (non-aqueous electrolyte, see [0046] where the non-aqueous electrolyte is a non-aqueous organic solvent).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jeong such that the solvent is a 1:1 ratio of a linear carbonate and a cyclic carbonate as Jeong teaches it is known in the art to do so and further obvious to substitute the linear carbonate of DMC with DEC as Jeong teaches DEC is an art effective equivalent linear carbonate for an organic solvent mixture (see [0052] where DEC and DMC are both linear carbonates, see [0062] gives a specific example where the solvent is a 1:1 ratio of linear carbonate DMC and cyclic carbonate EC). Further Jeong teaches that modifications can be made (see [0092] of Jeong).
Regarding claim 3, Jeong teaches wherein the organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent) further comprises one or more of ethylene carbonate (EC, see [0052] where the solvent is a mix of a cyclic carbonate and linear carbonate), propylene carbonate (PC, see [0052] where the solvent is a mix of a cyclic carbonate and linear carbonate), 1,2-butylene carbonate, 2,3-butylene carbonate, 1,2-pentylene carbonate, 2,3-pentylene carbonate, vinylene carbonate, fluoroethylene carbonate, dimethyl carbonate, dipropyl carbonate, ethyl methyl carbonate, methyl propyl carbonate, ethyl propyl carbonate, dimethyl ether, diethyl ether, dipropyl ether, methyl ethyl ether, methyl propyl ether, ethyl propyl ether, methyl acetate, ethyl acetate, propyl acetate, methyl propionate, ethyl propionate, propyl propionate, butyl propionate, γ-butyrolactone, γ-valerolactone, γ-caprolactone, σ-valerolactone, or ε-caprolactone.
Regarding claim 4, Jeong teaches wherein the organic solvent (non-aqueous electrolyte, see [0046], see [0052] where the non-aqueous electrolyte is an organic solvent) further comprises one or more of ethylene carbonate (EC, see [0052] where the solvent is a mix of a cyclic carbonate and linear carbonate), ethyl methyl carbonate, or dimethyl carbonate.
Regarding claim 7, Jeong teaches wherein the lithium carboxymethyl cellulose salt (thickening agent is CMC-Li salt, see [0011]) has a degree of substitution of a hydroxy group (substitution degree of a hydroxyl group, see [0013]) with a lithium carboxymethyl group (carboxymethyl lithium group, see [0013]) ranging from 0.7 to 1.3 (0.7 to 1.5, see [0013] teaches an overlapping range, see [0060] gives a specific example of substitution of 1.0 which falls within the claimed range).
Regarding claim 10, Jeong teaches wherein the lithium carboxymethyl cellulose salt (thickening agent is CMC-Li salt, see [0011]) is included in an amount of 10 wt % or less (0.6% to 1.4% by weight, see [0011]) based on a total weight (total weight of negative electrode mix, see [0011]) of the negative electrode active material layer (negative electrode mix, see [0011]).
Regarding claim 11, Jeong teaches wherein the aqueous binder (aqueous binder, see [0011]) includes styrene-butadiene rubber (styrene-butadiene rubber, see [0022]).
Regarding claim 12, Jeong teaches wherein the styrene-butadiene rubber (styrene-butadiene rubber, see [0022]) has a particle diameter ranging from 90 nm to 500 nm (90 nm to 500 nm, see [0023]).
Regarding claim 13, Jeong teaches wherein the negative electrode active material (negative electrode active material, see [0011]) includes one or more carbon-based materials (carbons, see [0025], see [0026] where the carbon-based material is preferred as exerting most excellent effects) comprising of graphite-based carbon (graphite-based carbon, see [0025], see [0026]), coke-based carbon (coke-based carbon, see [0026]), or hard carbon (hard carbon, see [0026]).
7. Claim(s) 5-6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (Pub. No. US 20170309896 A1) as applied to claim 1 above, and further in view of Shao et al. (Pub. No. CN 102206286 A).
Regarding claim 5, Jeong fails to teach wherein the lithium carboxymethyl cellulose salt includes 100 or less microgels per a unit area of 5 cm.sup.2 of a thin film coated with a 1 wt % aqueous solution, wherein the thin film coating has a thickness of 200 μm.
However, Shao teaches a method of producing lithium carboxymethyl cellulose salt (see [0013-0015] for preparing CMC-H by reacting CMC-Na salt in organic solvent and HCl, see [0029] provides a specific example of the organic solvent being ethanol, and see [0017-0019] reacting the CMC-H with LiOH to prepare CMC-Li salt).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jeong such that the CMC-Li salt used as a thickener is produced using the method taught by Shao to prevent environmental pollution and reduce costs (see [0010] of Shao). Further Jeong teaches that modifications can be made (see [0092] of Jeong).
Jeong in view of Shao is silent to wherein the lithium carboxymethyl cellulose salt includes 100 or less microgels per a unit area of 5 cm.sup.2 of a thin film coated with a 1 wt % aqueous solution, wherein the thin film coating has a thickness of 200 μm, however Jeong in view of Shao teaches the same or similar methods of producing CMC-Li salt, therefore one of ordinary skill in the art would expect if measured in the same way a material produced by the same or similar method would be expected to exhibit the same characteristics. Therefore, one of ordinary skill in the art would expect the lithium carboxymethyl cellulose salt taught by Jeong in view of Shao if measured in the same way would be expected to include 100 or less microgels per a unit area of 5 cm.sup.2 of a thin film coated with a 1 wt % aqueous solution, wherein the thin film coating has a thickness of 200 μm, or be close enough as to obviate claimed characteristic.
Regarding claim 6, Jeong in view of Shao is silent to wherein the microgels have a diameter of 200 μm or less.
However, Jeong in view of Shao teaches the same or similar methods of producing CMC-Li salt, therefore one of ordinary skill in the art would expect if measured in the same way a material produced by the same or similar method would be expected to exhibit the same characteristics. Therefore, one of ordinary skill in the art would expect that the lithium carboxymethyl cellulose salt taught by Jeong in view of Shao if measured in the same way would expect for the microgels to have a diameter of 200 μm or less or overlapping the range in a way which obviates the claimed range.
Regarding claim 9, Jeong fails to teach wherein the lithium carboxymethyl cellulose salt has a weight-based solubility ranging from 1.0 to 1.7 at 23° C.
However, Shao teaches a method of producing lithium carboxymethyl cellulose salt (see [0013-0015] for preparing CMC-H by reacting CMC-Na salt in organic solvent and HCl, see [0029] provides a specific example of the organic solvent being ethanol, and see [0017-0019] reacting the CMC-H with LiOH to prepare CMC-Li salt).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jeong such that the CMC-Li salt used as a thickener is produced using the method taught by Shao to prevent environmental pollution and reduce costs (see [0010] of Shao). Further Jeong teaches that modifications can be made (see [0092] of Jeong).
Jeong in view of Shao is silent to wherein the lithium carboxymethyl cellulose salt has a weight-based solubility ranging from 1.0 to 1.7 at 23° C. However, Jeong in view of Shao teaches the same or similar method of producing CMC-Li salt, therefore one of ordinary skill in the art would expect a material produced in the same way to exhibit the same characteristics. Therefore one of ordinary skill in the art would expect the lithium carboxymethyl cellulose salt as taught by Jeong in view of Shao to have a weight-based solubility ranging from 1.0 to 1.7 at 23° C or overlap the claimed range in a way that obviates the range over the prior art.
8. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (Pub. No. US 20170309896 A1) as applied to claim 1 above, and further in view of Sotome et al. (Pub. No. US 20220140310 A1).
Regarding claim 8, Jeong fails to teach wherein the lithium carboxymethyl cellulose salt has a weight-average molecular weight ranging from 400,000 to 1,500,000.
However, Sotome teaches wherein the lithium carboxymethyl cellulose salt (cellulose-based binder, see [0085], see [0084] where the cellulose-based binder is CMC-Li salt) has a weight-average molecular weight (mass average molecular weight, see [0085] the mass average molecular weight is a 3 measure average of the weight average molecular weight, therefore it is the Examiner’s position it is equivalent measurements) ranging from 400,000 to 1,500,000 (100,000 to 1,000,000, see [0085]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jeong such that the CMC-Li salt has a mass average molecular weight of 100,000 to 1,000,000 as taught by Sotome to improve cycle capacity retention rate (see [0008] of Sotome). Further it would have been obvious to modify the mass average molecular weight to stay within the claimed range of 400,000 to 1,000,000 as Sotome teaches an overlapping range and a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Jeong teaches that modifications can be made (see [0092] of Jeong).
9. Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (Pub. No. US 20170309896 A1) as applied to claim 1 above, and further in view of Kim et al. (Pub. No. US 20230352652 A1).
Regarding claim 14, Jeong fails to teach wherein the negative electrode active material further includes one or more silicon-based materials comprising of Si; SiOx, wherein 0<x≤2; or an Si—Y alloy, wherein Y is an alkali metal, an alkaline earth metal, a Group 13 element, a Group 14 element, a transition metal, a rare earth element, or a combination thereof and is not Si.
However, Kim teaches wherein the negative electrode active material (carbon-based active material and silicon-based active material, see [0032]) further includes one or more silicon-based materials (silicon-based active material, see [0038]) comprising of Si (Si, see [0038]); SiOx, wherein 0<x≤2 ; or an Si—Y alloy, wherein Y is an alkali metal, an alkaline earth metal, a Group 13 element, a Group 14 element, a transition metal, a rare earth element, or a combination thereof and is not Si, and wherein the silicon-based active material (silicon-based active material, see [0038]) is included in an amount of 0.1 to 10 parts by weight (5 to 25 wt%, see [0038], see [0091] gives an example of carbon to silicon based active material in 90 to 10 wt%) based on a total weight (total weight of active material, see [0038]) of the negative electrode active material (carbon-based active material and silicon-based active material, see [0032]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jeong to add Si to the negative electrode active material in 5-25 wt% based on a total weight of negative electrode active material as taught by Kim to increase capacity of the negative electrode and prevent excessive expansion (see [0038] of Kim). Further it would have been obvious to modify the range of Si added to be within the claimed range of 5 to 10 wt% as Kim teaches an overlapping range and provides a specific example of 10% which lies within the range, and further Kim teaches wt% of Silicon based active material as a result effective variable of increasing capacity while preventing excessive expansion (see [0038] of Kim). Further Jeong teaches that modifications can be made (see [0092] of Jeong).
Regarding claim 15, Jeong in view of Kim teaches wherein the silicon-based material (silicon-based active material, see [0038] of Kim, see modifications above) is included in an amount of 0.1 to 10 parts by weight (5 to 10 wt%, see modifications above) based on a total weight (total weight of active material, see [0038] of Kim, see modifications above) of the negative electrode active material (negative electrode active material, see [0011]).
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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