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Patent Application 17496023 - ANODE ACTIVE MATERIAL FOR LITHIUM SECONDARY - Rejection

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Patent Application 17496023 - ANODE ACTIVE MATERIAL FOR LITHIUM SECONDARY

Title: ANODE ACTIVE MATERIAL FOR LITHIUM SECONDARY BATTERY AND METHOD OF PREPARING THE SAME

Application Information

  • Invention Title: ANODE ACTIVE MATERIAL FOR LITHIUM SECONDARY BATTERY AND METHOD OF PREPARING THE SAME
  • Application Number: 17496023
  • Submission Date: 2025-05-20T00:00:00.000Z
  • Effective Filing Date: 2021-10-07T00:00:00.000Z
  • Filing Date: 2021-10-07T00:00:00.000Z
  • National Class: 429
  • National Sub-Class: 231800
  • Examiner Employee Number: 97097
  • Art Unit: 1723
  • Tech Center: 1700

Rejection Summary

  • 102 Rejections: 1
  • 103 Rejections: 3

Cited Patents

The following patents were cited in the rejection:

Office Action Text


    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 .

Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on April 2nd, 2025 has been entered.

Claim Status
	Claims 1-2, 4-8 and 13 are under examination.
	Claims 3 is canceled.
	Claims 9-12 are withdrawn.

Withdrawn Claim Rejections - 35 USC § 112
The amendment(s) to the claim(s) filed April 2nd, 2025 is acknowledged and the previous rejection is withdrawn.

The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.

Claim Objections
Claim 7 is objected to because of the following informalities:  
Claim 7 recites “relative to boron” is recited in Line 2, and should read --relative boron or a boron compound--.
Appropriate correction is required.

Claim Rejections - 35 USC § 103
Claims 1-2, 4-8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (U.S. PGPub US 2015/0037680 A1), hereinafter Park, in view of Sudo et al. (U.S. PGPub US 2004/0247872 A1), hereinafter Sudo.
Regarding claim 1, Park discloses an anode active material for a lithium secondary battery, comprising: a graphite-based particle (i.e., at least carbon-based anode active material in the lithium secondary battery, for example, crystalline carbon, etc., whereby examples of the crystalline carbon include a flaky, a spherical, or fibrous form of natural or artificial graphite, etc., as disclosed in [0069], such that as disclosed in [0064] the anode may be prepared in the same manner as the cathode except that an anode active material is used instead of the composite cathode active material, etc., and whereby said spherical, etc., natural or artificial graphite is at least particulate form as shown in Fig. 1, also see [0035]-[0037], Fig. 1); 
and a coating layer coated on at least a portion of a surface of the graphite-based particle (i.e., at least shell including a carbon nanostructure and the material which is chemically inert to lithium, etc., as disclosed in [0036], whereby as disclosed in [0086] said shell may be provided through a surface treatment in a dry or a wet process, etc., thus reading on “a coating layer coated on at least a portion of a surface of the graphite-based particle” as shown in Fig. 1, such that as disclosed in [0064] the anode may be prepared in the same manner as the cathode except that an anode active material is used instead of the composite cathode active material, etc., as discussed above, (also see [0016], [0018], [0034]-[0037], [0039], [0085], [0096]-[0102], Fig. 1), 
the coating layer (i.e., at least shell including a carbon nanostructure and the material which is chemically inert to lithium, etc., as disclosed in [0036] and discussed above) consists of boron or a boron compound (i.e., at least as disclosed in [0052] a material which is chemically inert to lithium may comprise an inorganic material represented by Formula 5, etc., (M5)Ox, wherein in Formula 5, M5 is a metal selected from B, etc., and x I 0<x≀6, which at least provides a boron compound such as a boron oxide compound, lacking any further chemical distinction thereof), 
and a linear-type conductive material (i.e., at least as disclosed in [0047] whereby the carbon nanostructure may be a carbon nanotube (“CNT”), lacking any further structural and/or chemical distinction thereof as to said linear-type conductive material, also see [0035], Fig. 1, [0048]-[0050]).
Park further discloses in [0048] the average aspect ratio of the carbon nanotube may be equal to or less than about 300, etc., and further discloses in [0049] the expression “average aspect ratio” used herein, refers to “average length/average diameter ratio”, wherein “average diameter” refers to an average value of the diameter of the thickest portion of at least 10 carbon nanotubes, etc., which at least provides an aspect ratio range that overlaps the claimed range of having an aspect ratio of 2 or more (also see [0049]-[0050]), thus a prima facie case of obviousness exists (MPEP 2144.05, I.).  
However, Park is silent as to an average particle diameter of the graphite-based particle is from 7 ”m to 30 ”m.
Sudo teaches a carbon material, production method and use thereof (Title).  Sudo further teaches a graphite-based particle (i.e., at least carbon particles having a graphite structure, etc., as disclosed in [0039], whereby said carbon particles have an average particle diameter of 8 to 30 ”m as disclosed in [0046], also see Examples 1-8, [0027]-[0028], [0031], [0035]-[0039], [0045]-[0047], [0064], [0069-[0071], [0083]-[0084], [0086]-[0088], [0154], Fig. 2, Table 1, lacking any further chemical and/or structural distinction thereof as to said graphite-based particle), which is at least a particle diameter range that is within the claimed range of an average particle diameter of the graphite-based particle is from 7 ”m to 30 ”m, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Sudo further teaches in [0087] the “carbonaceous particles” used in producing the carbon material of the present invention refers to carbon particles having a graphite structure or particles that become carbon particles having a graphitic structure by heat treatment or the like, etc., whereby as disclosed in [0093] a powdery carbon material serving as a negative electrode active substance is required to exhibit large discharge capacity and high charge/discharge efficiency, etc. (also see [0005], [0021], [0091]-[0093]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Park with the teachings of Sudo, whereby the anode active material including the graphite-based particle(s) as disclosed by Park further includes the average particle diameter of the graphite-based particle as taught by Sudo so as to provide a negative electrode active substance that exhibits a large discharge capacity and high charge/discharge efficiency.	

Regarding claim 2, Park discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses in [0052] a material which is chemically inert to lithium may comprise an inorganic material represented by Formula 5, etc., (M5)Ox, wherein in Formula 5, M5 is a metal selected from B, etc., and x I 0<x≀6, which at least provides the coating layer includes boron oxide, such that when M5 = B provides a range of BOx compounds that are at least boron oxide compounds, lacking any further chemical distinction thereof as claimed.

Regarding claims 4-5, Park discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses in [0047] whereby the carbon nanostructure may be a carbon nanotube (“CNT”), which at least provides the linear-type conductive material includes at least carbon nanotube from the group (also see [0035], Fig. 1, [0048]-[0050]).  With regards to claim 5, instant claim 5 is proviso upon on the limitation of selecting the species metal fiber in claim 4 not currently required by the claim therefore, the limitations of instant claims do not come into force.   

Regarding claim 6, Park discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses in [0069] at least carbon-based anode active material in the lithium secondary battery, for example, crystalline carbon, etc., whereby examples of the crystalline carbon include a flaky, a spherical, or fibrous form of natural or artificial graphite, etc., as discussed above in claim 1, which at least provides the graphite-based particle includes at least one selected from the group consisting of artificial graphite, natural graphite, etc., lacking any further distinction thereof.

Regarding claim 7, Park discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses the linear-type conductive material (i.e., at least carbon nanostructure such as carbon nanotube), and boron or boron compound (i.e., at least a material which is chemically inert to lithium may comprise an inorganic material represented by Formula 5, etc., (M5)Ox, wherein in Formula 5, M5 is a metal selected from B, etc., and x is 0<x≀6) as discussed above in claim 1.  Park further discloses in [0055] the content of the carbon nanostructure and the material which is chemically inert to lithium may each independently be from about 0.001 parts by weight to about 5 parts by weight, based on 100 parts by weight of the composite oxide core capable of intercalation/deintercalation of lithium, etc., and when the content of the carbon nanostructure and the material which is chemically inert to lithium are within the above range, the composite cathode active material can have excellent charge/discharge rate characteristics and lifetime characteristics even at high temperature conditions, etc., such that as disclosed in [0064] the anode may be prepared in the same manner as the cathode except that an anode active material is used instead of the composite cathode active material, etc., as discussed above, (also see [0016], [0018], [0034]-[0037], [0039], [0085], [0096]-[0102], Fig. 1), and whereby this at least provides a ratio range of the carbon nanostructure to the material which is chemically inert to lithium from 0.001/5 (i.e., 0.002%) to 5/0.001 (i.e., 500000%), which is a weight ratio range that at least overlaps and/or encompasses the claimed range of a weight range of the linear-type conductive material relative to boron is from 0.1% to 30%, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).  

Regarding claim 8, Park discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses in [0039] the thickness of the shell may be from about 1 nm to about 500 nm, which at least provides a thickness range that encompasses the claimed range of a thickness of the coating layer is from 10 nm to 100 nm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).  

Regarding claim 13, Park discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses in [0081] as shown in Fig. 3, a lithium battery ref. 100 includes a cathode ref. 114, an anode ref. 112, and a separator reef. 113, etc., whereby as disclosed in [0082] a separator may be disposed between a cathode and anode to thereby form an electrode assembly, etc., which at least provides a lithium secondary battery, comprising: an anode comprising the anode active material for a lithium secondary battery of claim 1; and a cathode facing the anode, such that said cathode is at least facing said anode as shown in Fig. 3 and discussed above so as to provide a separator therebetween, and lacking any further distinction thereof (also see [0017], [0057], [0064]-[0071], Fig. 3).

Claim Rejections - 35 USC § 103
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Park and Sudo as applied to claim 1 above, or in the alternative, and further in view of Krasovitsky et al. (U.S. PGPub US 2018/0198161 A1), hereinafter Krasovitsky.
Regarding claim 7, Park discloses the anode active material for a lithium secondary battery as discussed above in claim 1.  Park further discloses the linear-type conductive material (i.e., at least carbon nanostructure such as carbon nanotube), and boron or boron compound (i.e., at least a material which is chemically inert to lithium may comprise an inorganic material represented by Formula 5, etc., (M5)Ox, wherein in Formula 5, M5 is a metal selected from B, etc., and x is 0<x≀6) as discussed above in claim 1.    
In the alternative, Krasovitsky teaches increasing cycling lifetime of fast-charging lithium ion batteries (Title).  Krasovitsky further teaches anode material particles (Fig. 19, ref. 150) may comprise 2-25 weight % B, etc., and 0.01-15 weight % C (e.g., as carbon nanotubes, CNT, which are at least a linear-type conductive material), etc. ([0103]), which at least provides, and as an example provided by the examiner and assuming a basis of 100 g of anode active material particles, that boron is 2-25 g, and carbon nanotubes are 0.01-15 g, such that weight range of the conductive material relative to boron is, for example, from (0.01×100/2 = 0.5 wt%) to (0.01×100/25 = 0.04 wt%), which overlaps the claimed range of conductive material relative to boron is from 0.1% to 30%, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).  Krasovitsky further teaches in [0114] anode material particles 150, 150A, 150B, anodes 92 and cells 90 may be configured according to the disclosed principles to enable high charging and/or discharging rates (C-rates).
  Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Park with the teachings of Krasovitsky, whereby the anode active material for a lithium secondary battery including the linear-type conductive material and boron or boron compound as disclosed by Park further includes the weight range of the linear-type conductive material relative to boron as taught by Krasovitsky so as to enable high charging and/or discharging rates and increase cycling lifetime for fast-charging lithium ion batteries.

Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-6 and 13 rejected under 35 U.S.C. 102(a)(1) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.  Therefore, in light of the amendments to the claims, a new grounds of rejection 35 U.S.C. 103 in view of Park and Sudo is made for claims 1-2, 4-8 and 13.

Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.   Hamada et al. (U.S. Patent US 6,194,067 B2) discloses carbonaceous particles and carbonaceous fibers both coated with boron nitride, and lithium secondary cells produced by using the same as negative active material (Title).

Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.

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, Milton Cano can be reached on (313) 446-4937. 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.



/JOSHUA P MCCLURE/Examiner, Art Unit 1723

/MILTON I CANO/Supervisory Patent Examiner
Art Unit 1723


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