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 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 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.
(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.
Claims 1-2, 6-7, 9-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho et al. (U.S. PGPub US 2014/0234714 A1), hereinafter Cho.
Regarding claim 1, Cho discloses a negative electrode active material (i.e., at least as disclosed in [0028] a negative active material includes a composite core, and a coating layer disposed on at least part of the composite core, etc., also see [0029]-[0036], etc.), comprising:
a core including a carbon material (i.e., at least crystalline carbonaceous core including natural graphite, artificial graphite, or combinations thereof as disclosed in at least [0047], also see [0014], [0028]-[0030], [0039], [0043]-[0046], etc.);
vanadium oxide on a surface of the core (i.e., at least metal oxide coating layer on the composite core as disclosed in [0029]-[0030], whereby the metal oxide may include at least vanadium pentoxide (V2O5) as disclosed in [0035], etc., also see [0031]-[0037], [0044], etc.); and
a fluorine (F)-containing carbon layer on the surface of the core and on a surface of the vanadium oxide (i.e., at least as disclosed in [0082] separator composition directly coated on an electrode, and then dried to form the separator, etc., whereby as disclosed in [0083] examples of the polymer resin are vinylidenefluoride/ hexafluoropropylene copolymer, polyvinylidene fluoride (PVDF), etc., such that the skilled artisan would appreciate that PVDF, etc., is at least a fluorine (F)-containing carbon layer (i.e., at least commensurate in scope with claim 7) on the surface of the core and on the surface of the vanadium oxide so as to be directly coated on the electrode (i.e., containing said carbon material and vanadium oxide as discussed above), and lacking any further distinction thereof, also see [0061]-[0062], [0065], [0068], etc.).
Regarding claim 2, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses in [0083] examples of the polymer resin are vinylidenefluoride/hexafluoropropylene copolymer, polyvinylidene fluoride (PVDF), etc., which at least provides the F-containing carbon layer is an amorphous carbon layer including fluorine (i.e., at least as evidenced by the instant specification in [0049] “..amorphous carbon layer including fluorine may be derived or prepared from an F-containing polymer, e.g., polyvinylidene fluoride, poly(vinylidene fluoride-co-hexafluoropropylene), etc.”, such that Cho at least discloses an F-containing polymer prepared from PVDF, etc.), and lacking any further distinction thereof.
Furthermore, Cho discloses in [0028] a coating layer disposed on at least part of the composite core wherein the coating layer includes a metal oxide coating layer and an amorphous carbonaceous coating layer, etc. (also see [0029]-[0030], [0038]-[0043], also see [0061]-[0062], [0065], [0068], etc.).
Regarding claim 6, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses in [0037] an amount of the metal oxide coating layer in the negative active material may be from about 0.1 wt% to about 5 wt%, etc., which at least provides a range that is within the claimed range of an amount of the vanadium oxide is about 0.1 wt% to about 5 wt%, based on a total weight of the negative electrode active material (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)).
Regarding claim 7, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses in [0083] examples of the polymer resin are vinylidenefluoride/ hexafluoropropylene copolymer, polyvinylidene fluoride (PVDF), etc., , which at least provides wherein the F- containing carbon layer is prepared from polyvinylidene fluoride, poly(vinylidene fluoride-co-hexafluoropropylene), etc., from the group (also see [0061]-[0062], [0065], [0068], etc.).
Regarding claim 9, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses the vanadium oxide is VO, V₂O₃, VO₂, V₂O₅, or a combination thereof (i.e., at least metal oxide coating layer on the composite core as disclosed in [0029]-[0030], whereby the metal oxide may include at least vanadium pentoxide (V2O5), etc., as disclosed in [0035], etc., also see [0031]-[0037], [0044], etc.).
Regarding claim 10, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses the vanadium oxide is V₂O₅ (i.e., at least metal oxide coating layer on the composite core as disclosed in [0029]-[0030], whereby the metal oxide may include at least vanadium pentoxide (V2O5) as disclosed in [0035], etc., also see [0031]-[0037], [0044], etc.).
Regarding claim 11, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses the carbon material is crystalline carbon (i.e., at least crystalline carbonaceous core including natural graphite, artificial graphite, or combinations thereof as disclosed in at least [0047], also see [0014], [0028]-[0030], [0039], [0043]-[0046], etc.).
Regarding claim 12, Cho discloses the negative electrode active material as discussed above in claim 11. Cho further discloses the crystalline carbon is natural graphite, artificial graphite, or a combination thereof (i.e., at least crystalline carbonaceous core including natural graphite, artificial graphite, or combinations thereof as disclosed in at least [0047], also see [0014], [0028]-[0030], [0039], [0043]-[0046], etc.).
Regarding claim 14, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses a rechargeable lithium battery (i.e., at least Lithium secondary batteries, etc., as disclosed in [0090], also see [0091]-[0092], Fig. 1), comprising: a negative electrode including the negative electrode active material as claimed in claim 1 (i.e., at least negative electrode as disclosed in [0092], also see Fig. 1, [0071]); a positive electrode (i.e., at least positive electrode as disclosed in [0092], also see Fig. 1, [0072]-[0078]); and an electrolyte (i.e., at least electrolyte as disclosed in [0092], also see Fig. 1, [0084]-[0089]).
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Cho as applied to claim 1 above, and further in view of Xiao et al. (CN108598444 (A) and using Machine Translation as English version), hereinafter Xiao.
Regarding claim 3, Cho discloses the negative electrode active material as discussed above in claim 1. However, Cho is silent as to the vanadium oxide is present in the form of islands discontinuously on the surface of the core.
Xiao teaches Lithium ion battery composite anode material vanadium trioxide/graphene and preparation method. Xiao further teaches in [0051] vanadium trioxide nanoparticles are anchored on graphene, wherein the particle size of the vanadium trioxide nanoparticles is 170 nm, etc., which at least provides the vanadium oxide is present in the form of islands discontinuously on the surface of the core, such that said vanadium oxide is at least present in the form of islands discontinuously as shown in Fig. 3, and lacking any further distinction thereof, (also see [0030], [0032], etc.).
Xiao further teaches [0009] provide a vanadium trioxide/graphene composite negative electrode material for lithium-ion batteries, which is free of impurity phases, easy to operate, low in cost, highly controllable, highly repeatable, suitable for industrial production, and produces lithium-ion batteries with high specific capacity and good cycle stability, as well as a method for its preparation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Cho with the teachings of Xiao, whereby the negative electrode active material including the core, vanadium oxide on the surface of the core, etc., as disclosed by Cho further includes the vanadium oxide is present in the form of islands discontinuously on the surface of the core as taught by Xiao so as to provide a vanadium trioxide/graphene composite negative electrode material for lithium-ion batteries, which is free of impurity phases, easy to operate, low in cost, highly controllable, highly repeatable, suitable for industrial production, and produces lithium-ion batteries with high specific capacity and good cycle stability, etc.
Regarding claim 4, Cho discloses the negative electrode active material as discussed above in claim 1. However, Cho is silent as to the vanadium oxide on the surface of the core has a thickness of about 1 nm to about 150 nm.
Xiao further teaches in [0051] vanadium trioxide nanoparticles are anchored on graphene, wherein the particle size of the vanadium trioxide nanoparticles is 170 nm, etc., which at least provides a value that is within the claimed range of the vanadium oxide on the surface of the core has a thickness of about 1 nm to about 150 nm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.), (also see [0030], [0032], etc.).
Xiao further teaches [0009] provide a vanadium trioxide/graphene composite negative electrode material for lithium-ion batteries, which is free of impurity phases, easy to operate, low in cost, highly controllable, highly repeatable, suitable for industrial production, and produces lithium-ion batteries with high specific capacity and good cycle stability, as well as a method for its preparation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Cho with the teachings of Xiao, whereby the negative electrode active material including the core, vanadium oxide on the surface of the core, etc., as disclosed by Cho further includes the a value of the vanadium oxide on the surface of the core within the thickness range of about 1 nm to about 150 nm as taught by Xiao so as to provide a vanadium trioxide/graphene composite negative electrode material for lithium-ion batteries, which is free of impurity phases, easy to operate, low in cost, highly controllable, highly repeatable, suitable for industrial production, and produces lithium-ion batteries with high specific capacity and good cycle stability, etc.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cho as applied to claim 1 above, and further in view of Abe et al. (U.S. PGPub US 2017/0054145 A1), hereinafter Abe.
Regarding claim 5, Cho discloses the negative electrode active material as discussed above in claim 1. However, Cho is silent as to the F-containing carbon layer is present in a form of an island discontinuously on the surface of the core and the vanadium oxide.
Abe teaches lithium ion secondary battery and method of producing the same (Title). Abe further teaches in [0024] a carbon material such as graphite, etc., can be used as the negative electrode active material, etc., whereby as taught in [0025] the surface of the negative electrode sheet ref. 60 (particularly the negative electrode active material layer ref. 64) is coated with granules each having a circular base, whereby these granules contain hydrogen, element carbon, the element fluorine, etc., such that as disclosed in [0030] the negative electrode ref. 60 may be coated by the granules present scattered in an island configuration, which at least provides the F- containing carbon layer is present in a form of an island discontinuously on the surface of the core (also see Figs. 3A-C, etc.).
Abe further teaches in [0008] an object of the present teaching is therefore to provide a lithium ion secondary battery that is resistant to a decline in capacity even when subjected to repeated charge/discharge under conditions that facilitate the precipitation of lithium metal on the negative electrode surface.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Cho with the teachings of Abe, whereby the negative electrode active material including the core, vanadium oxide on the surface of the core, etc., as disclosed by Cho further includes F-containing carbon layer is present in a form of an island discontinuously on the surface of the core (e.g., on surface of negative electrode active material disclosed by Cho) as taught by Abe so as to provide a lithium ion secondary battery that is resistant to a decline in capacity even when subjected to repeated charge/discharge under conditions that facilitate the precipitation of lithium metal on the negative electrode surface, etc.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cho as applied to claim 1 above, and further in view of Choi et al. (U.S. Patent US 6,391,495 B1), hereinafter Choi.
Regarding claim 8, Cho discloses the negative electrode active material as discussed above in claim 1. Cho further discloses in [0045]-[0046] the composite core includes carbonaceous base, whereby the carbonaceous base may include crystalline carbon, etc.
However, Cho is silent as to an amount of the core is about 90 wt% to about 98 wt%, based on a total weight of the negative electrode active material.
Choi teaches negative active material for lithium secondary battery, method of preparing the same and lithium secondary battery comprising the same (Title). Choi further teaches in [C2:L53-55] the negative active material of the present invention includes a crystalline core and a carbon shell, whereby as taught in [C3:L44-46] the produced active material includes 50-99 wt % of the crystalline graphite core, which at least provides a range that overlaps and/or encompasses the claimed range of an amount of the core is about 90 wt% to about 98 wt%, based on a total weight of the negative electrode active material, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Choi further teaches in [C6:L35-40] the present invention provides a negative active material for a lithium ion battery having a relatively large discharge capacity and high charge/discharge efficiency.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Cho with the teachings of Choi, whereby the negative electrode active material including the core, vanadium oxide on the surface of the core, etc., as disclosed by Cho further includes an amount of the core is about 90 wt% to about 98 wt%, based on a total weight of the negative electrode active material as taught by Choi so as to provide a negative active material for a lithium ion battery having a relatively large discharge capacity and high charge/discharge efficiency.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Cho as applied to claim 1 above, and further in view of Xiao et al. (CN108598444 (A) as cited in IDS and using Machine Translation as English version), hereinafter Xiao, and further in view of Saito et al. (U.S. PGPub US 2024/0396023 A1 with Foreign Priority Date of Sept. 28th, 2021), hereinafter Saito.
Regarding claim 13, Cho discloses the negative electrode active material as discussed above in claim 1. However, Cho is silent as to the negative electrode active material for a rechargeable lithium battery is prepared by a process including: mixing a carbon material and a vanadium oxide precursor in a solvent to prepare a first mixture;
preparing a first heat treatment product by first heat treating the first mixture; mixing the first heat treatment product and a F-containing polymer in a solvent to prepare a second mixture; and subjecting the second mixture to a second heat treatment.
Xiao teaches Lithium ion battery composite anode material vanadium trioxide/graphene and preparation method (Title). Xiao further teaches the negative electrode active material for a rechargeable lithium battery is prepared by a process including: mixing a carbon material and a vanadium oxide precursor in a solvent to prepare a first mixture (i.e., at least as taught in [0045]-[0047] ammonium metavanadate added to mixed solution of water and ethylene glycol, etc., to obtain solution A, and then graphene oxide was added to solution A, etc., to obtain liquid B, etc.);
preparing a first heat treatment product by first heat treating the first mixture (i.e., at least as disclosed in [0047] heat the liquid B, etc., and then dry it at 80°C for 18 hours to obtain the precursor, etc., lacking any further distinction thereof as to said heat treatment, etc.).
Xiao further teaches subjecting the second mixture to a second heat treatment (i.e., at least as disclosed in [0048] the precursor in step (3) is heated to 400°C in a hydrogen/argon mixture, etc., to obtain vanadium trioxide/graphene composite negative electrode material for lithium-ion batteries, etc.).
Xiao further teaches [0009] provide a vanadium trioxide/graphene composite negative electrode material for lithium-ion batteries, which is free of impurity phases, easy to operate, low in cost, highly controllable, highly repeatable, suitable for industrial production, and produces lithium-ion batteries with high specific capacity and good cycle stability, as well as a method for its preparation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Cho with the teachings of Xiao, whereby the negative electrode active material including the core, vanadium oxide on the surface of the core, etc., as disclosed by Cho further includes the negative electrode active material for a rechargeable lithium battery is prepared by a process including: mixing a carbon material and a vanadium oxide precursor in a solvent to prepare a first mixture; preparing a first heat treatment product by first heat treating the first mixture; subjecting the second mixture to a second heat treatment as taught by Xiao so as to provide a vanadium trioxide/graphene composite negative electrode material for lithium-ion batteries, which is free of impurity phases, easy to operate, low in cost, highly controllable, highly repeatable, suitable for industrial production, and produces lithium-ion batteries with high specific capacity and good cycle stability, etc.
However, the combined teachings of Cho and Xiao are silent as to mixing the first heat treatment product and a F-containing polymer in a solvent to prepare a second mixture; and subjecting the second mixture to a second heat treatment.
Satio teaches negative electrode active substance for secondary battery, method for producing same, and secondary battery (Title). Saito further teaches in [0019] a negative electrode active material for a secondary battery, etc., whereby each of the composite particles is coated with a coating layer, and the coating layer is a mixture of a carbon material and a fluorine-containing material, etc. Saito further teaches in [0023] the coating layer constituted by a mixture of a carbon material and a fluorine-containing material is formed, by example, coating the surface of each of the composite particles, etc., and then allowing a fluorine-containing organic polymer such as polyvinylidene fluoride (PVdF) to adhere to the conductive layer, followed by heat treatment at a temperature at a temperature greater than or equal to the melting point of the fluorine-containing organic polymer, etc., which at least provides mixing a product and a F-containing polymer in a solvent to prepare a second mixture; and subjecting the second mixture to a second heat treatment.
Saito further teaches in [0012] with the use of the negative electrode active material according to the present disclosure, it is possible to achieve a secondary battery having excellent charge-discharge cycle characteristics.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Cho and Xiao with the teachings of Saito, whereby the negative electrode active material including the core, vanadium oxide on the surface of the core, a process including: mixing a carbon material and a vanadium oxide precursor in a solvent to prepare a first mixture; preparing a first heat treatment product by first heat treating the first mixture; subjecting the second mixture to a second heat treatment, etc., as disclosed by the combined teachings of Cho and Xiao further includes mixing a product (e.g., first heat treatment product as disclosed by the combined teachings of Cho and Xiao) and a F-containing polymer in a solvent to prepare a second mixture; and subjecting the second mixture to a second heat treatment as taught by Saito so as to achieve a secondary battery having excellent charge-discharge cycle characteristics.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hirose et al. (U.S. PGPub US 2016/0233484 A1) discloses negative electrode active material, raw material for negative electrode active material, negative electrode, lithium ion secondary battery, method for producing a negative electrode active material, and method for producing a lithium ion secondary battery (Title), whereby as disclosed in [0077] it is preferable that the mean coverage of the coating layer consisting of the fluorine compound is 30% or more.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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