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 .
Claim Objections
Claim 10 objected to because of the following informalities: Claim 10 appears to include another dependent claim which should be claim 11. This appears to be a typographical error. For the purposes of this office action, claim 10 will be divided into a new claim 11 for the appropriate claim limitations. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1, 4, 6 and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 111384370, see Machine Translation).
Regarding claim 1, Li et al. discloses in Figs 1-10, a negative electrode composition ([0099]) comprising: a silicon-based active material ([0099]); a negative electrode conductive material ([0033]-[0034]); and a negative electrode binder ([0099]), wherein the silicon-based active material ([0099]) comprises one or more selected from the group consisting of SiOx (x=0), SiOx (0<x<2), SiC, and a Si alloy ([0099]), wherein the negative electrode conductive material is single walled carbon nanotubes (SWCNTs) ([0033]-[0034], [0099]), wherein the silicon-based active material ([0099]) is included in an amount of 85 parts by weight or more and 95 parts by weight or less based on 100 parts by weight ([0099]) of the negative electrode composition ([0099]), and wherein the negative electrode conductive material is included in an amount of 0.5 part by weight or more and 2.0 parts by weight or less based on 100 parts by weight ([0099]) of the negative electrode composition ([0099]).
Regarding claim 4, Li et al. discloses all of the claim limitations as set forth above and also discloses wherein the negative electrode binder is included in an amount of 5 parts by weight or more and 12 parts by weight or less based on 100 parts by weight ([0082], [0086]) of the negative electrode composition.
Regarding claim 6, Li et al. discloses all of the claim limitations as set forth above and also discloses the negative electrode binder ([0035]) comprises a rubber-based binder ([0035]).
Regarding claim 8, Li et al. discloses in Figs 1-10, a negative electrode ([0009]) for a lithium secondary battery ([0009]) comprising: a negative electrode current collector layer ([0037]); and a negative electrode active material layer ([0011]) comprising the negative electrode composition ([0099]) as set forth above formed on at least one surface or both surfaces of the negative electrode current collector layer ([0037]).
Regarding claim 9, Li et al. discloses all of the claim limitations as set forth above and also discloses a thickness of the negative electrode current collector layer is 1 micron or greater and 100 microns or less ([0037]), and wherein a thickness of the negative electrode active material layer is 10 microns or greater and 500 microns or less ([0031]).
Regarding claim 10, Li et al. discloses all of the claim limitations as set forth above and also discloses a porosity of the negative electrode active material layer is 40% or greater and 60% or less ([0092], [0095]).
Regarding claim 11, Li et al. discloses in Figs 1-10, a lithium secondary battery ([0009]) comprising: a positive electrode ([0047]); the negative electrode for a lithium secondary battery ([0009]) as set forth above; a separator ([0009], inherent for battery) provided between the positive electrode ([0047]) and the negative electrode ([0009]); and an electrolyte ([0030]).
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 non-obviousness.
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.
Claims 2, 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 111384370, see Machine Translation) as applied to claim 1 above, and further in view of Tanaka et al. (US 2013/0136988).
Regarding claims 2, 3 and 7, Li et al. discloses all of the claim limitations as set forth above and also discloses an average particle diameter (D50) of the silicon-based active material is 3 microns or greater and 10 microns or less ([0099]) but does not explicitly disclose the silicon-based active material is SiO comprising 90 parts by weight or more of SiOx (x=0) based on 100 parts by weight of the silicon-based active material.
Tanaka et al. discloses a secondary battery ([0109]) including a negative electrode material including SiO at 95% wt% in an active material mixture ([0113]). This configuration enhances battery capacity and cycle characteristics ([0180]).
Tanaka et al. and Li et al. are analogous since both deal in the same field of endeavor, namely, batteries.
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the SiO at the amount disclosed by Tanaka et al. into the negative electrode material of Li et al. to enhance battery capacity and cycle characteristics.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 111384370, see Machine Translation) as applied to claim 1 above, and further in view of Finlayson et al. (US 2020/0369522).
Regarding claim 5, Li et al. discloses all of the claim limitations as set forth above but does not explicitly disclose the single walled carbon nanotubes (SWCNTs) have a specific surface area of 900 m2/g to 1500m2/g, and a mean diameter of 0.5 microns or greater and 3 microns or less.
Finlayson et al. discloses in Figs 1-17, a lithium secondary battery (Title) including a negative electrode including SWCNTs of diameter 1 micron ([0064]) and specific surface area of 1000 m2/g ([0043]). This configuration enhances battery mechanical, electrical, and thermal properties (Abstract).
Finlayson et al. and Li et al. are analogous since both deal in the same field of endeavor, namely, batteries.
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the SWCNTs of Li et al. as having the surface area and diameter disclosed by Finlayson et al. to enhance battery mechanical, electrical, and thermal properties.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ofer et al. (US 2019/0036118) discloses in Figs 1-10, a lithium secondary battery ([0002]) including an anode (ref 130) comprising a silicon material and SWCNTs ([0059]).
Inoue et al. (US 2021/0249646) discloses in Figs 1-8, a secondary battery (ref 10) including a negative electrode comprising a Si/C composite active material with SWCNTs ([0105]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J DOUYETTE whose telephone number is (571)270-1212. The examiner can normally be reached Monday - Friday 8A - 4P EST.
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, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KENNETH J DOUYETTE/Primary Examiner, Art Unit 1725
Prosecution Insights