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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/06/2024, 05/12/2025, and 09/12/2025 are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation “a first negative electrode active material comprising natural graphite particles and a second negative electrode active material comprising artificial graphite particles in a form of primary particles” is indefinite because it is not clear if both the first negative electrode active material comprising natural graphite particles and the second negative electrode active material comprising artificial graphite particles are each in the form of primary particles or if only the second negative electrode active material comprising artificial graphite particles is in the form of primary particles. The current language of the claim indicates that only the second negative electrode active material is in the form of primary particles and that the first negative electrode active material is not claimed as being in the form of primary particles. However, the specification refers to the first negative electrode active material as being in the form of primary particles [0060]. For the purposes of examination, the above limitation in claim 1 will be interpreted as “a first negative electrode active material comprising natural graphite particles in a form of primary particles and a second negative electrode active material comprising artificial graphite particles in a form of primary particles”.
Regarding claim 19, the limitation “a loading amount of the lower negative electrode active material layer to a loading amount of the upper negative electrode active material layer” is indefinite because it is unclear what “loading” is referring to in the claim. The specification refers to the loading and loading amount as a value with the units of mAh/cm2 which is an areal capacity [00101]. However, the specification does not define or specifically state that “loading” or “loading amount”, in the context of this application, refers to the measure of electrical charge an electrode can store per unit of surface area. Loading is a general term used in the art that can be applied to other factors such as, mass or weight loading of a material and electrical loading. For the purposes of examination, the above quoted limitation referring to the “loading amount” of the upper and lower negative electrode active material layer will be interpreted as an areal capacity of each respective layer where areal capacity refers to the amount of electrical charge an electrode can store per unit of electrode surface area, expressed in milliampere hours per square centimeter (mAh/cm2).
Claims 2-20 are also rejected based on their dependence on claim 1.
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 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 1-4, 8, 11-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Han et. al (US 20210391570) and Wang et. al (US 20220123287) and further in view of Kwon et. al (US 20150155557).
Regarding claims 1-3, Han teaches a negative electrode for a lithium secondary battery that includes a current collector with a first negative electrode active material layer disposed on the current collector where the first negative electrode active material layer includes a first graphite-based active material and a second negative electrode active material layer is disposed on the first negative electrode active material layer where the second negative electrode active material layer includes a second graphite-based active material [0007]. The first negative electrode active material layer contains both natural graphite and artificial graphite [0073]. The second negative electrode active material layer also contains both artificial graphite and natural graphite [0074]. Han further teaches a third negative electrode active material layer disposed on the second negative electrode active material layer that includes a third graphite-based active material containing artificial graphite [0012]. Han refers to the third negative electrode active material layer as the “upper layer” and teaches that this layer is in contact with an excessive amount of the electrolyte [0039]. Since the first active material layer is in contact with the current collector and the second active material layer; the second active material layer is in contact with the first active material layer the and the third active material layer; the third active material layer is in contact with the second active material layer and the electrolyte; and the active material must necessarily be between the current collector and the electrolyte the third active material layer must be disposed on a surface of the negative electrode active material layers opposite the negative electrode current collector.
In one interpretation of the negative electrode taught by Han, the combination of the first and second active material layers correspond to the claimed lower negative electrode active material layer that is disposed on at least one side of the negative electrode current collector, and the third negative electrode active material layer corresponds to the upper negative electrode active material layer. In this interpretation, the first graphite-based active material is the claimed first negative electrode active material, the second graphite-based active material is the claimed second negative electrode active material, and the third graphite-based active material is the claimed third negative electrode active material that contains artificial graphite. This interpretation will be used as the primary interpretation of claim 1.
Alternatively, the a first negative electrode active material layer can be interpreted as lower negative electrode active material layer and the a second negative electrode active material layer can correspond to the upper negative electrode active material layer. Han teaches that the a first negative electrode active material layer (lower negative electrode active material layer) contains both natural graphite (first negative electrode active material) and artificial graphite (second negative electrode active material) [0073]. The second negative electrode active material layer (upper negative electrode active material layer) contains both artificial graphite and natural graphite [0074]. This interpretation will be referred to as the alternative interpretation of claim 1.
Han teaches that the graphite-based active material in the first, second, and third active material layers are each in the form of particles [0029, 0036, 0013].
When considering the primary interpretation of claim 1, Han does not explicitly teach that the first and second active materials are primary particles or that the third active material has graphite particles in the form of secondary particles in which two or more primary particles are assembled.
Wang teaches a secondary battery with a negative electrode plate (negative electrode) comprising a negative electrode current collector and a negative electrode film which comprises a first negative electrode film (lower negative electrode active material layer) disposed on the current collector and a second negative electrode film (upper negative electrode active material layer) disposed on the first negative electrode film [0007]. The first negative electrode film comprises a first negative electrode active material which comprises natural graphite; and the second negative electrode film comprises a second negative electrode material (third negative electrode active material) and comprises artificial graphite [0007]. The first negative electrode active material in the first negative electrode film, which corresponds to the lower negative electrode active material layer, includes primary particles [0048]; and the second negative electrode active material in the second negative electrode film, which corresponds to the upper negative electrode active material layer, includes secondary particles [0007].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han with the teachings of Wang to have a lower negative electrode active material with primary particles and an upper negative electrode active material with secondary particles. The motivation to have primary particles in the first negative electrode film is to increase the capacity of the battery and to increase adhesion between the current collector and the film it is adjacent to which further improves the cycle performance of the battery [0048]. The motivation to have secondary particles in the upper layer (upper negative electrode active material layer) is to form de-intercalation active ion channels to create a battery with a good quick charge performance and long cycle life at the same time [0043, 0157].
Han in view of Wang is silent on the pore volume of the first negative electrode active material.
Kwon teaches a negative electrode active material for a rechargeable lithium battery where the negative active material is made from spherical natural graphite [0009]. The negative active material made from natural graphite corresponds to the claimed first negative electrode active material comprising natural graphite. Kwon teaches that the porosity (pore volume) may be measured through mercury porosimetry [0104], and that the porosity is 0.15 ml/g or less [0010]. Kwon teaches that the preferred embodiments have an active material with a very low porosity [0105]. The advantage of low porosity is that the volume expansion in the course of the development cycle can be suppressed by blocking the swelling of the graphite particles resulted from the growth of the oxide film in the internal pores [0105]. Kwon therefore teaches a range for the pore volume of the first negative electrode active material which overlaps the ranges of claims 1-3. In the case where the claimed ranges overlap or lie inside similar ranges disclosed by the prior art, a prima facie case of obviousness exists. See MPEP 2144.05(I).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han and Wang with the teachings of Kwon to have a first negative electrode active material with a pore volume of 0.06 mL/g or less. The motivation to use this range of pore volume is to lower the pore volume of the active material to prevent swelling and undesired volume expansion in the electrode during the battery cycling.
Regarding claim 4, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the primary interpretation of claim 1, Han further teaches that the first graphite-based active material (first negative electrode active material) has a particle size of 8 to 20 µm where the particle size refers to D50 which is the particle size based on a volume distribution [0029, 0044].
Regarding claim 8, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the primary interpretation of claim 1, Han further teaches that the third graphite-based active material (third negative electrode active material) has a particle size of 13 to 20 µm where the particle size refers to D50 which is the particle size based on a volume distribution [0013, 0044].
Regarding claim 11, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the primary interpretation of claim 1, Han further teaches that the first negative electrode active material was formed with 90.4 % by weight (wt. %) of a first graphite based active material and 6.0 % by weight of a first silicon-based active material [0073]. Therefore, the amount of first negative electrode active material in the first negative electrode active material layer is 96.4 wt. %. Han then teaches that the second negative electrode active material was formed in the same manner as the first, so the amount of second negative electrode active material in the second negative electrode active material layer is 96.4 wt. % [0074]. In Tables 1 and 3 Han further teaches that the first layer and second layer each have 10 parts by weight of a combination of artificial and natural graphite. Both Tables 1 and 3 add the weight ratios together from the first and second layer indicating that the parts by weight are equivalent between the two layers. Since example 1 has 10 parts by weight of graphite in each of the first and second layers, the corresponding 90.4 wt. % of graphite in the first and second layers indicates that both layers have the same total weight. Therefore, the weight ratio of the first negative electrode active material and the second negative electrode active material is 96.4 wt. %:96.4 wt.% or 50:50.
Regarding claim 12, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the primary interpretation of claim 1, Han further teaches that the first negative electrode active material was formed with 90.4 % by weight (wt. %) of a first graphite based active material and 6.0 % by weight of a first silicon-based active material [0073]. Therefore, the amount of first negative electrode active material in the first negative electrode active material layer is 96.4 wt. %. Han then teaches that the second negative electrode active material was formed in the same manner as the first, so the amount of second negative electrode active material in the second negative electrode active material layer is 96.4 wt. % [0074]. The combination of the first and second active material layer taught by Han correspond to the lower negative electrode active material layer. Therefore, the total weight of the first negative electrode active material and the second negative electrode active material is 96.4 wt. % based on the weight of the lower negative electrode active material layer.
Regarding claims 13-14 and 17, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the primary interpretation of claim 1, Han further teaches that the first negative electrode active material layer and the second negative electrode active material layer, which together correspond to the claimed lower negative electrode active material layer, and the third negative electrode active material layer, which corresponds to the claimed upper negative electrode active material layer, may each include a binder and further a conductive material (conductive agent) [0046]. Han also teaches that the binder and conductive material may each independently be included in an amount of 1 to 10% by weight (wt. %) in each of the first, second, and third negative electrode active material layers [0049]. So, the binder is present in an amount of 1 wt. % to 10 wt. % based on the total weight of the lower negative electrode active material layer, and the conductive material is present in an amount of 1 wt. % to 10 wt. % based on the total weight of the lower negative electrode active material layer.
Regarding claim 16, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the primary interpretation of claim 1, Han further teaches that the third negative electrode active material layer (upper negative electrode active material layer) was formed with 96.4% by weight (wt. %) of graphite which corresponds to the active material [0075]. Therefore, the weight of the third negative electrode active material is 96.4 wt. % based on the weight of the upper negative electrode active material layer.
Regarding claim 18, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the alternate interpretation of claim 1, where the first and second negative electrode active material layers correspond to the claimed lower and upper negative electrode active material layers respectively, Han teaches that the thickness ratio of the lower and upper layers is greater than 3:7 and less than 7:3 and preferably 4.5:5.5 to 5.5:4.5 [0050]. In the case where the claimed ranges overlap or lie inside similar ranges disclosed by the prior art, a prima facie case of obviousness exists. See MPEP 2144.05(I).
Regarding claim 19, Han and Wang in view of Kwon teach all the limitation of claim 1 as described above. Han is silent on the ratio of the areal capacity of the lower negative electrode active material to that of the upper negative electrode active material.
When considering the alternate interpretation of claim 1, where the first and second negative electrode active material layers correspond to the claimed lower and upper negative electrode active material layers respectively, Han teaches that the thickness ratio of the lower and upper layers is greater than 3:7 and less than 7:3 and preferably 4.5:5.5 to 5.5:4.5 [0050]. Han also teaches that the loading of the active material is the same in the upper and lower negative electrode active material layers [0073-0074]. When the layer thickness and active material loading is equivalent between the upper and lower negative electrode active material layers, the areal capacity will also be equivalent, since the areal capacity is correlated to the density of the active material in the electrode. Based on the similarities in active material loading and thickness, the areal capacity ratio between the lower negative electrode active material layer and the upper negative electrode active material layer would be expected to fall within the broadly claimed range of 1:0.5 to 1:2.
Regarding claim 20, Han and Wang in view of Kwon teach all the limitations of claim 1 above. When considering the primary interpretation of claim 1, Han further teaches a lithium secondary battery including the negative electrode as described above, a positive electrode, a separator, and an electrolyte [0018]. Han teaches that the separator is interposed between the positive electrode and the negative electrode where all three elements are stacked to form an electrode cell, which indicates that the positive electrode must be facing the negative electrode [0082].
Claims 5-7, 9-10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Han et. al (US 20210391570), Wang et. al (US 20220123287), and Kwon et. al (US 20150155557) as applied to claim 1 and further in view of You et al. al (US 20230231134).
Regarding claims 5, 7, and 9, Han and Wang in view of Kwon teach all the limitation of claim 1 as described above. Han is silent on the specific surface area of the active materials.
You teaches a secondary battery with a negative electrode plate (negative electrode) which includes a negative electrode current collector, a first negative electrode material layer (lower negative electrode active material layer) and a second negative electrode material layer (upper negative electrode active material layer) where the first negative electrode material layer is located between the negative electrode current collector and the second negative electrode material layer [0006]. The first negative electrode material layer includes a first negative electrode active material which includes artificial graphite A (first negative electrode active material) and artificial graphite B (second negative electrode active material) [0006]. The second negative electrode material layer includes a second negative electrode active material which includes artificial graphite C (third negative electrode active material) [0006, 0012].
A has a specific surface area of 0.8 m2/g-1.1 m2/g [0009]; B has a specific surface area of 1.1 m2/g-1.6 m2/g [0010]; and C has a specific surface area of 0.6 m2/g-1.1 m2/g [0066]. All specific surface areas taught by You are measured using the nitrogen adsorption specific surface area analysis test method and calculated using the BET (Brunauer Emmett Teller) method [0077].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han, Wang, and Kwon with the teachings of You to adjust the specific surface areas of the first, second, and third negative electrode active materials in the claimed ranges of 0.6 m2/g-2.5 m2/g, 0.1 m2/g-3.0 m2/g, and 0.1 m2/g-30 m2/g respectively. The motivation to use these specific surface areas for the different active materials is as follows. When controlling the specific surface area of A and B in these ranges the deintercalation of lithium ions is improved and side reactions with the liquid electrolyte are reduced which results in improving the rate performance of the battery and the service life of the battery [0044, 0049, 0055]. Controlling the specific surface are of C in the given range helps to improve the rate performance of the battery [0066].
Regarding claim 6, Han and Wang in view of Kwon teach all the limitation of claim 1 as described above. When considering the primary interpretation of claim 1, Han teaches that the average particle diameter (D50) of the second negative electrode active material is approximately 18 µm [0073-0074]. Han does not teach that the second negative electrode active material has an average particle diameter of 4 µm to 13 µm.
You teaches a secondary battery with a negative electrode plate (negative electrode) which includes a negative electrode current collector, a first negative electrode material layer (lower negative electrode active material layer) and a second negative electrode material layer (upper negative electrode active material layer) where the first negative electrode material layer is located between the negative electrode current collector and the second negative electrode material layer [0006]. The first negative electrode material layer includes a first negative electrode active material which includes artificial graphite A (first negative electrode active material) and artificial graphite B (second negative electrode active material) [0006]. The second negative electrode material layer includes a second negative electrode active material which includes artificial graphite C (third negative electrode active material) [0006, 0012]. B has a median particle size by volume Dv50 of 12µm–16 µm [0010].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han, Wang, and Kwon with the teachings of You to adjust the average particle diameter (D50) of the second negative electrode active material to improve the rate performance and life of the battery. The motivation to use this particle size is to improve the storage performance and the safety performance of the secondary battery [0010, 0053]. Also, in the case where the claimed ranges overlap or lie inside similar ranges disclosed by the prior art, a prima facie case of obviousness exists. See MPEP 2144.05(I).
Regarding claim 10, Han and Wang in view of Kwon teach all the limitation of claim 1 as described above. When considering the primary interpretation of claim 1, Han further teaches that the first graphite-based active material (first negative electrode active material) has a particle size of 8 to 20 µm where the particle size refers to D50 which is the particle size based on a volume distribution [0029, 0044]. Han also teaches that the third graphite-based active material (third negative electrode active material) has a particle size of 13 to 20 µm [0013, 0044]. Han teaches that the average particle diameter (D50) of the second negative electrode active material is approximately 18 µm [0073-0074]. Han does not teach that the second negative electrode active material has an average particle diameter of 4 µm to 13 µm.
You teaches a secondary battery with a negative electrode plate (negative electrode) which includes a negative electrode current collector, a first negative electrode material layer (lower negative electrode active material layer) and a second negative electrode material layer (upper negative electrode active material layer) where the first negative electrode material layer is located between the negative electrode current collector and the second negative electrode material layer [0006]. The first negative electrode material layer includes a first negative electrode active material which includes artificial graphite A (first negative electrode active material) and artificial graphite B (second negative electrode active material) [0006]. The second negative electrode material layer includes a second negative electrode active material which includes artificial graphite C (third negative electrode active material) [0006, 0012].
B has a median particle size by volume Dv50 of 12µm–16 µm [0010].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han, Wang, and Kwon with the teachings of You to adjust the average particle diameter (D50) of the second negative electrode active material to improve the rate performance and life of the battery. The motivation to use this particle size is to improve the storage performance and the safety performance of the secondary battery [0010, 0053]. Also, in the case where the claimed ranges overlap or lie inside similar ranges disclosed by the prior art, a prima facie case of obviousness exists. See MPEP 2144.05(I).
Han is silent to the specific surface area of the active materials.
You further teaches that A has a specific surface area of 0.8 m2/g-1.1 m2/g [0009]; B has a specific surface area of 1.1 m2/g-1.6 m2/g [0010]; and C has a specific surface area of 0.6 m2/g-1.1 m2/g [0066]. All specific surface area taught by You are measured using the nitrogen adsorption specific surface area analysis test method and calculated using the BET (Brunauer Emmett Teller) method [0077].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han, Wang, and Kwon with the teachings of You to adjust the specific surface areas of the first, second, and third negative electrode active materials in the claimed ranges of 0.6 m2/g-2.5 m2/g, 0.1 m2/g-3.0 m2/g, and 0.1 m2/g-30 m2/g respectively. The motivation to use these specific surface areas for the different active materials is as follows. When controlling the specific surface area of A and B in these ranges the deintercalation of lithium ions is improved and side reactions with the liquid electrolyte are reduced which results in improving the rate performance and the service life of the battery [0044, 0049, 0055]. Controlling the specific surface are of C in the given range helps to improve the rate performance of the battery [0066].
Han is silent to the pore volume of the first negative electrode active material.
Kwon further teaches that the preferred electrode embodiments have an active material with a very low porosity of 0.15 mL/g or less [0010, 0105]. The advantage of low porosity is that the volume expansion in the course of the development cycle can be suppressed by blocking the swelling of the graphite particles resulted from the growth of the oxide film in the internal pores [0105]. In the case where the claimed ranges overlap or lie inside similar ranges disclosed by the prior art, a prima facie case of obviousness exists. See MPEP 2144.05(I).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han, Wang, and Kwon to have a first negative electrode active material with a pore volume in the claimed range. The motivation to use this range of pore volume is to lower the pore volume of the active material to prevent swelling and undesired volume expansion in the electrode during the battery cycling.
Regarding claim 15, Han and Wang in view of Kwon teach all the limitation of claim 1 as described above. When considering the primary interpretation of claim 1, Han teaches that the average particle diameter of the first negative electrode active material is smaller than the average particle diameter of the second electrode active material [0073-0074], which makes the ratio of their average particle diameters less than one. Therefore, Han does not teach that the ratio of the average particle diameters of the first and second negative electrode active materials is in a range of 1 to 8.
You teaches a secondary battery with a negative electrode plate (negative electrode) which includes a negative electrode current collector, a first negative electrode material layer (lower negative electrode active material layer) and a second negative electrode material layer (upper negative electrode active material layer) where the first negative electrode material layer is located between the negative electrode current collector and the second negative electrode material layer [0006]. The first negative electrode material layer includes a first negative electrode active material which includes artificial graphite A (first negative electrode active material) and artificial graphite B (second negative electrode active material) [0006]. The second negative electrode material layer includes a second negative electrode active material which includes artificial graphite C (third negative electrode active material) [0006, 0012].
Graphite A has a median particle size by volume Dv50 or 14 μm-20 µm [0009], and B has a median particle size by volume Dv50 of 12 μm-16 µm [0010]. When A has a Dv50 of 14-16 µm and B has a Dv50 of 14-16 µm, the ratio of the average particle diameter of A to the average particle diameter of B is 1.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the negative electrode of Han, Wang, and Kwon with the teachings of You to adjust the particle sizes of the first and second negative electrode active materials to improve the rate performance of the battery while maintaining the storage life. The motivation to use these median particle sizes for the active materials is to improve the rate performance of the battery while ensuring the storage life of the battery [0009-0010].
Conclusion
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/N.R.A./Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785