Prosecution Insights
Last updated: October 27, 2026
Application No. 18/756,997

NEGATIVE ELECTRODE SHEET, SECONDARY BATTERY, AND ELECTRICITY-CONSUMPTION DEVICE

Non-Final OA §102§103
Filed
Jun 27, 2024
Priority
Jul 26, 2023 — CN 202310922206.9
Examiner
SCHULER, JACOB JEROME
Art Unit
1727
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Hithium Tech HK Limited
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-65.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
37 currently pending
Career history
41
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 2. 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. 3. Claims 1, 2, 7, 9, 10, 11, 16, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujikawa et al. (US-20100112442-A1, as disclosed in the IDS received on 28 April 2025). As to claim 1, Fujikawa discloses a negative electrode sheet (figure 1, negative electrode 1), comprising a current collector (figure 1, negative electrode current collector 1a) and a negative active material layer disposed on the current collector (figure 1, negative electrode active material layer 1b), wherein the negative active material layer comprises a negative active material [0083], and when a state of charge (SOC) of a battery with the negative electrode sheet is 100% or a voltage of the battery is 3.65V, heat release Q of the negative active material layer immersed in electrolyte satisfies 220 J/g ≤ Q ≤ 600 J/g (table 1, example 6). As to claim 2, Fujikawa discloses the negative electrode sheet of claim 1, and Fujikawa further discloses wherein the heat release Q of the negative active material layer is obtained by a differential scanning calorimeter (DSC) through measurement [0210]. However, the product-by-process limitations of claim 2, that the measurement is performed by adding the negative active material layer and the electrolyte into a test crucible at a mass ratio of 0.78:1 and heating the test crucible from 30 ºC to 450 ºC at a heating rate of 5 ºC/min, are not given patentable weight as the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ, and In re Fessman, 180 USPQ 324). Claim 2 as written does not distinguish the product of the instant application from the product of the prior art. As to claim 7, Fujikawa discloses the negative electrode sheet of claim 1, and Fujikawa further discloses wherein the specific surface area of the negative active material satisfies 1.1 m2/g to 1.7 m2/g [0065]. As to claim 9, Fujikawa discloses the negative electrode sheet of claim 1, and Fujikawa further discloses wherein the negative active material is a graphite particle [0003]. As to claim 10, Fujikawa discloses a secondary battery (figure 1, secondary battery 8), comprising: electrolyte [0082]; a positive electrode sheet at least partially immersed in the electrolyte (figure 1, positive electrode 2); a separator located at one side of the positive electrode sheet and at least partially immersed in the electrolyte (figure 1, separator 3); and negative electrode sheet (figure 1, negative electrode 1), wherein the negative electrode sheet is disposed at one side of the separator away from the positive electrode sheet and at least partially immersed in the electrolyte (figure 1, negative electrode 1); wherein the negative electrode sheet comprises a current collector (figure 1, negative electrode current collector 1a) and a negative active material layer disposed on the current collector (figure 1, negative electrode active material layer 1b), wherein the negative active material layer comprises a negative active material [0083], and when a state of charge (SOC) of a battery with the negative electrode sheet is 100% or a voltage of the battery is 3.65V, heat release Q of the negative active material layer immersed in electrolyte satisfies 220 J/g ≤ Q ≤ 600 J/g (table 1, example 6). As to claim 11, Fujikawa discloses the secondary battery of claim 10, and Fujikawa further discloses wherein the heat release Q of the negative active material layer is obtained by a differential scanning calorimeter (DSC) through measurement [0210]. However, the product-by-process limitations of claim 2, that the measurement is performed by adding the negative active material layer and the electrolyte into a test crucible at a mass ratio of 0.78:1 and heating the test crucible from 30 ºC to 450 ºC at a heating rate of 5 ºC/min, are not given patentable weight as the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ, and In re Fessman, 180 USPQ 324). Claim 2 as written does not distinguish the product of the instant application from the product of the prior art. As to claim 16, Fujikawa discloses the secondary battery of claim 10, and Fujikawa further discloses wherein the specific surface area of the negative active material satisfies 1.1 m2/g to 1.7 m2/g [0065]. As to claim 18, Fujikawa discloses secondary battery of claim 10, and Fujikawa further discloses wherein the negative active material is a graphite particle [0003]. As to claim 19, Fujikawa discloses an electricity-consumption device [0002], comprising a secondary battery (figure 1, secondary battery 8), wherein the secondary battery comprises: electrolyte [0082]; a positive electrode sheet at least partially immersed in the electrolyte (figure 1, positive electrode 2); a separator located at one side of the positive electrode sheet and at least partially immersed in the electrolyte (figure 1, separator 3); and negative electrode sheet (figure 1, negative electrode 1), wherein the negative electrode sheet is disposed at one side of the separator away from the positive electrode sheet and at least partially immersed in the electrolyte (figure 1, negative electrode 1); wherein the negative electrode sheet comprises a current collector (figure 1, negative electrode current collector 1a) and a negative active material layer disposed on the current collector (figure 1, negative electrode active material layer 1b), wherein the negative active material layer comprises a negative active material [0083], and when a state of charge (SOC) of a battery with the negative electrode sheet is 100% or a voltage of the battery is 3.65V, heat release Q of the negative active material layer immersed in electrolyte satisfies 220 J/g ≤ Q ≤ 600 J/g (table 1, example 6). Claim Rejections - 35 USC § 103 4. 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. 5. Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa et al. (US-20100112442-A1, as disclosed in the IDS received on 28 April 2025) as applied to claim 1, and further in view of Onizuka et al. (US-20140099555-A1, as disclosed in the IDS received on 28 April 2025) and Ludvik et al. (US-20130209348-A1). As to claim 3, Fujikawa discloses the negative electrode sheet of claim 1, however, Fujikawa does not disclose wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g, and a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g (table 2, example 2) to improve the conductivity of the sheets [0092-0094]. However, Onizuka does not disclose wherein a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method. Ludvik discloses the preparation of polymer particles and carbon materials to be used in electrical devices such as batteries, wherein a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method [0304] to enhance packing of the of the particles [0497]. It is appreciated that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. (see MPEP § 2144.05, II.). As such, 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 sheet as disclosed within Fujikawa to further require that the heat release Q of the negative active material layer immersed in the electrolyte falls within the range of 400 J/g ≤ Q ≤ 600 J/g to improve conductivity of the sheets as disclosed within Onizuka and to additionally include that the particle diameter Dv10 of the negative active material falls within the range of 6.5 µm ≤ Dv10 ≤ 10 µm to enhance packing of the particles as disclosed within Ludvik. As to claim 4, Fujikawa discloses the negative electrode sheet of claim 1, however, Fujikawa does not disclose wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g, and a particle diameter of the negative active material satisfies .2 ≤ Dv10/Dv90 ≤ .4, wherein the Dv90 refers to a particle diameter when a cumulative volume fraction reaches 90% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g (table 2, example 2) to improve the conductivity of the sheets [0092-0094]. However, Onizuka does not disclose wherein a particle diameter of the negative active material satisfies .2 ≤ Dv10/Dv90 ≤ .4, wherein the Dv90 refers to a particle diameter when a cumulative volume fraction reaches 90% in measuring a volume-based distribution using a laser scattering method. Ludvik discloses the preparation of polymer particles and carbon materials to be used in electrical devices such as batteries, wherein a particle diameter of the negative active material satisfies .2 ≤ Dv10/Dv90 ≤ .4, wherein the Dv90 refers to a particle diameter when a cumulative volume fraction reaches 90% in measuring a volume-based distribution using a laser scattering method [0304] to enhance packing of the of the particles [0497]. It is appreciated that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. (see MPEP § 2144.05, II.). As such, 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 sheet as disclosed within Fujikawa to further require that the heat release Q of the negative active material layer immersed in the electrolyte falls within the range of 400 J/g ≤ Q ≤ 600 J/g to improve conductivity of the sheets as disclosed within Onizuka and to additionally include that the particle diameter of the negative active material falls within the range of .2 ≤ Dv10/Dv90 ≤ .4 to enhance packing of the particles as disclosed within Ludvik. As to claim 5, Fujikawa discloses the negative electrode sheet of claim 1, however, Fujikawa does not disclose wherein a particle diameter Dv50 of the negative active material satisfies 10 µm ≤ Dv50 ≤ 17 µm, and the negative active material satisfies 300 ≤ 1683.78-79.45Dv50 ≤ 600, wherein the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein a particle diameter Dv50 of the negative active material satisfies 10 µm ≤ Dv50 ≤ 17 µm ([0028-0029], 15 µm), and the negative active material satisfies 300 ≤ 1683.78-79.45Dv50 ≤ 600 ([0028-0029], 15 µm), wherein the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method to ensure that the negative active material has high energy density. As such, 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 sheet as disclosed within Fujikawa to further require that the particle diameter of the negative active material falls within the range of 10 µm ≤ Dv50 ≤ 17 µm to satisfy 300 ≤ 1683.78-79.45Dv50 ≤ 600 and to ensure that the negative active material has high energy density as disclosed within Onizuka. As to claim 6, Fujikawa discloses the negative electrode sheet of claim 1, however, Fujikawa does not disclose wherein the negative active material satisfies 2.2 ≤ 30.94-14.87*1-exp(-Dv50/2.44))-14.87*(1-exp(-Dv50/2.45))+B ≤ 3, wherein B is the specific surface area of the negative active material, with a unit of m2/g, and the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein the negative active material satisfies 2.2 ≤ 30.94-14.87*1-exp(-Dv50/2.44))-14.87*(1-exp(-Dv50/2.45))+B ≤ 3 ([0028-0029], 15 µm and 1 m2/g), wherein B is the specific surface area of the negative active material, with a unit of m2/g, and the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method to ensure that the negative active material has high energy density. As such, 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 sheet as disclosed within Fujikawa to further require that the particle diameter of the negative active material and the specific surface area of the negative active material fall within a range to satisfy 2.2 ≤ 30.94-14.87*1-exp(-Dv50/2.44))-14.87*(1-exp(-Dv50/2.45))+B ≤ 3 to ensure that the negative active material has high energy density as disclosed within Onizuka. 6. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa et al. (US-20100112442-A1, as disclosed in the IDS received on 28 April 2025) as applied to claim 1, and further in view of Roth et al. (Roth et al., "DSC investigation of exothermic reactions occurring at elevated temperatures in lithium-ion anodes containing PVDF-based binders," Journal of Power Sources, 2004, vol. 134, no. 2. (Year: 2004), as disclosed in the IDS received on 28 April 2025). As to claim 8, Fujikawa discloses the negative electrode sheet of claim 1, however, Fujikawa does not disclose wherein a gram capacity of the negative active material ranges from 310 mAh/g to 350mAh/g. Roth discloses a study of different polymers used to create a negative electrode sheet, wherein a gram capacity of the negative active material ranges from 310 mAh/g to 350mAh/g (table 4) to create a more stable sheet (Section 4 results and discussion). As such, 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 sheet as disclosed within Fujikawa to further require that the gram capacity of the negative active material falls within the range of 310 mAh/g to 350mAh/g to create a more stable sheet as disclosed within Roth. 7. Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa et al. (US-20100112442-A1, as disclosed in the IDS received on 28 April 2025) as applied to claim 10, and further in view of Onizuka et al. (US-20140099555-A1, as disclosed in the IDS received on 28 April 2025) and Ludvik et al. (US-20130209348-A1). As to claim 12, Fujikawa discloses the secondary battery of claim 10, however, Fujikawa does not disclose wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g, and a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g (table 2, example 2) to improve the conductivity of the sheets [0092-0094]. However, Onizuka does not disclose wherein a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method. Ludvik discloses the preparation of polymer particles and carbon materials to be used in electrical devices such as batteries, wherein a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method [0304] to enhance packing of the of the particles [0497]. It is appreciated that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. (see MPEP § 2144.05, II.). As such, 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 secondary battery as disclosed within Fujikawa to further require that the heat release Q of the negative active material layer immersed in the electrolyte falls within the range of 400 J/g ≤ Q ≤ 600 J/g to improve conductivity of the sheets as disclosed within Onizuka and to additionally include that the particle diameter Dv10 of the negative active material falls within the range of 6.5 µm ≤ Dv10 ≤ 10 µm to enhance packing of the particles as disclosed within Ludvik. As to claim 13, Fujikawa discloses the secondary battery of claim 10, however, Fujikawa does not disclose wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g, and a particle diameter of the negative active material satisfies .2 ≤ Dv10/Dv90 ≤ .4, wherein the Dv90 refers to a particle diameter when a cumulative volume fraction reaches 90% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g (table 2, example 2) to improve the conductivity of the sheets [0092-0094]. However, Onizuka does not disclose wherein a particle diameter of the negative active material satisfies .2 ≤ Dv10/Dv90 ≤ .4, wherein the Dv90 refers to a particle diameter when a cumulative volume fraction reaches 90% in measuring a volume-based distribution using a laser scattering method. Ludvik discloses the preparation of polymer particles and carbon materials to be used in electrical devices such as batteries, wherein a particle diameter of the negative active material satisfies .2 ≤ Dv10/Dv90 ≤ .4, wherein the Dv90 refers to a particle diameter when a cumulative volume fraction reaches 90% in measuring a volume-based distribution using a laser scattering method [0304] to enhance packing of the of the particles [0497]. It is appreciated that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. (see MPEP § 2144.05, II.). As such, 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 secondary battery as disclosed within Fujikawa to further require that the heat release Q of the negative active material layer immersed in the electrolyte falls within the range of 400 J/g ≤ Q ≤ 600 J/g to improve conductivity of the sheets as disclosed within Onizuka and to additionally include that the particle diameter of the negative active material falls within the range of .2 ≤ Dv10/Dv90 ≤ .4 to enhance packing of the particles as disclosed within Ludvik. As to claim 14, Fujikawa discloses the secondary battery of claim 10, however, Fujikawa does not disclose wherein a particle diameter Dv50 of the negative active material satisfies 10 µm ≤ Dv50 ≤ 17 µm, and the negative active material satisfies 300 ≤ 1683.78-79.45Dv50 ≤ 600, wherein the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein a particle diameter Dv50 of the negative active material satisfies 10 µm ≤ Dv50 ≤ 17 µm ([0028-0029], 15 µm), and the negative active material satisfies 300 ≤ 1683.78-79.45Dv50 ≤ 600 ([0028-0029], 15 µm), wherein the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method to ensure that the negative active material has high energy density. As such, 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 secondary battery as disclosed within Fujikawa to further require that the particle diameter of the negative active material falls within the range of 10 µm ≤ Dv50 ≤ 17 µm to satisfy 300 ≤ 1683.78-79.45Dv50 ≤ 600 and to ensure that the negative active material has high energy density as disclosed within Onizuka. As to claim 15, Fujikawa discloses the secondary battery of claim 10, however, Fujikawa does not disclose wherein the negative active material satisfies 2.2 ≤ 30.94-14.87*1-exp(-Dv50/2.44))-14.87*(1-exp(-Dv50/2.45))+B ≤ 3, wherein B is the specific surface area of the negative active material, with a unit of m2/g, and the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein the negative active material satisfies 2.2 ≤ 30.94-14.87*1-exp(-Dv50/2.44))-14.87*(1-exp(-Dv50/2.45))+B ≤ 3 ([0028-0029], 15 µm and 1 m2/g), wherein B is the specific surface area of the negative active material, with a unit of m2/g, and the Dv50 refers to a particle diameter when a cumulative volume fraction reaches 50% in measuring a volume-based distribution using a laser scattering method to ensure that the negative active material has high energy density. As such, 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 secondary battery as disclosed within Fujikawa to further require that the particle diameter of the negative active material and the specific surface area of the negative active material fall within a range to satisfy 2.2 ≤ 30.94-14.87*1-exp(-Dv50/2.44))-14.87*(1-exp(-Dv50/2.45))+B ≤ 3 to ensure that the negative active material has high energy density as disclosed within Onizuka. 8. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa et al. (US-20100112442-A1, as disclosed in the IDS received on 28 April 2025) as applied to claim 10, and further in view of Roth et al. (Roth et al., "DSC investigation of exothermic reactions occurring at elevated temperatures in lithium-ion anodes containing PVDF-based binders," Journal of Power Sources, 2004, vol. 134, no. 2. (Year: 2004), as disclosed in the IDS received on 28 April 2025). As to claim 17, Fujikawa discloses the secondary battery of claim 10, however, Fujikawa does not disclose wherein a gram capacity of the negative active material ranges from 310 mAh/g to 350mAh/g. Roth discloses a study of different polymers used to create a negative electrode sheet, wherein a gram capacity of the negative active material ranges from 310 mAh/g to 350mAh/g (table 4) to create a more stable sheet (Section 4 results and discussion). As such, 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 secondary battery as disclosed within Fujikawa to further require that the gram capacity of the negative active material falls within the range of 310 mAh/g to 350mAh/g to create a more stable sheet as disclosed within Roth. 9. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa et al. (US-20100112442-A1, as disclosed in the IDS received on 28 April 2025) as applied to claim 19, and further in view of Onizuka et al. (US-20140099555-A1, as disclosed in the IDS received on 28 April 2025) and Ludvik et al. (US-20130209348-A1). As to claim 20, Fujikawa discloses the electricity-consumption device of claim 19, however, Fujikawa does not disclose wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g, and a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method. Onizuka discloses a secondary battery having a negative electrode sheet, wherein the heat release Q of the negative active material layer immersed in the electrolyte satisfies 400 J/g ≤ Q ≤ 600 J/g (table 2, example 2) to improve the conductivity of the sheets [0092-0094]. However, Onizuka does not disclose wherein a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method. Ludvik discloses the preparation of polymer particles and carbon materials to be used in electrical devices such as batteries, wherein a particle diameter Dv10 of the negative active material satisfies 6.5 µm ≤ Dv10 ≤ 10 µm, wherein the Dv10 refers to a particle diameter when a cumulative volume fraction reaches 10% in measuring a volume-based distribution using a laser scattering method [0304] to enhance packing of the of the particles [0497]. It is appreciated that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. (see MPEP § 2144.05, II.). As such, 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 electricity consumption device as disclosed within Fujikawa to further require that the heat release Q of the negative active material layer immersed in the electrolyte falls within the range of 400 J/g ≤ Q ≤ 600 J/g to improve conductivity of the sheets as disclosed within Onizuka and to additionally include that the particle diameter Dv10 of the negative active material falls within the range of 6.5 µm ≤ Dv10 ≤ 10 µm to enhance packing of the particles as disclosed within Ludvik. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JEROME SCHULER whose telephone number is (571)272-8487. The examiner can normally be reached Mon-Fri. 7:30am-5pm. 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, Barbara Gilliam can be reached at 5712721330. 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. /J.J.S./Examiner, Art Unit 1727 /BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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Prosecution Timeline

Jun 27, 2024
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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