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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 5, 2025 has been entered.
Status of Application
Claims 9 and 15-16 are amended, submitted on November 5, 2025. Claims 1-8 remain withdrawn. Claims 9-13 and 15-16 are presented for examination.
Claim Rejections - 35 USC § 103
1. 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.
2. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
3. 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.
4. Claims 9-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US 20140127558 A1, IDS of 4/30/2021), in view of Tatsuo (JP 2004349056 A, IDS of 1/5/2022, see machine translation for citation), Kumta (US 20100310941 A1), further in view of Oh (US 20180090750 A1).
Regarding claim 9, Kang discloses a method of preparing a negative electrode active material (composite anode active material, [0014] [0032]), and in Example 1 the method of preparation including dispersing a micellized Si particles together with 1 g of pyrrol [sic: pyrrole] (available from Aldrich) in 10 mL of ethanol, and then putting the Si particle in an aqueous solution. 1 g of FeCl3 [sic: FeCl3] is added, stirred at 60° C. for 4 hours ([0065]), which reads on the claimed “the method comprising: preparing a mixture including a transition metal compound and a carbon source” because FeCl3 is a transition metal compound and ethanol and pyrrole are carbon sources;
Kang further discloses that a composite anode active material is prepared by growing carbon nanotubes on the Si particle on which the carbon layer is formed, by providing a vaporized carbonaceous material ([0014]) and carbon nanotubes may be grown using a thermal vaporization method ([0042]). As shown in Example 1, growing carbon nanotubes while putting the carbonized Si particles (FIG. 1) into a chamber under an argon atmosphere, and applying ethylene at 650° C. and 2 torr to the chamber ([0065]), which reads on the claimed “forming a carbon coating layer including a transition metal and carbon nanotubes (CNT) on a surface of a silicon based particle”.
Although the carbon coating layer in Example 1 of Kang is formed by polypyrrole and ethylene, not explicitly by conducting a chemical vapor deposition of the mixture on the surface of the silicon base particle, Kang further discloses a vaporized carbonaceous material used as a source of a carbon-based material contacts a catalyst for forming carbon nanotubes on the Si particle, and is thermally decomposed, thereby growing carbon nanotubes. The vaporized carbonaceous material is not limited to any particular material as long as the material provides carbon, and exists in vapor form at a temperature equal to or greater than 300° C. For example, the vaporized carbonaceous material may include at least one selected from the group consisting of carbon monoxide, methane, ethane, ethylene, ethanol, acetylene, propane, propylene, butane, butadiene, pentane, pentene, cyclopentadiene, hexane, cyclohexane, benzene, and toluene ([0042]); and the vaporized carbonaceous material may be injected to a chamber containing a catalyst, at a fixed pressure ([0043]). Therefore, a skilled artisan would have found it obvious to replace the extra carbon source of ethylene in Example 1 of Kang with the same mixture prepared with FeCl3 as a transition metal compound and ethanol and/or pyrrole as the carbon sources ([0065]) and meet the limitation “by conducting a chemical vapor deposition of the mixture on the surface of a silicon based particle” (Examiner-added emphasis), because as taught by Kang, the vaporized carbonaceous material may be injected to a chamber containing a catalyst, at a fixed pressure, and the vaporized carbonaceous material is not limited to any particular material as long as the material provides carbon.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the ethylene of Example 1 with the same mixture prepared with FeCl3 and ethanol and/or pyrrole of Example1, and thus arrive at the claimed “forming a carbon coating layer including a transition metal and carbon nanotubes (CNT) on a surface of a silicon based particle by conducting a chemical vapor deposition of the mixture on the surface of the silicon based particle,” as taught by Kang, without undue experimentation and with a reasonable expectation of success.
While modified Kang discloses the desire to overcome the reduced lifetime characteristics of a silicon (Si) based high-capacity active material due to volume expansion during charging/discharging process ([0006]), a metal particle, constituting a catalyst particle, remains on the surface of the Si particle ([0041]), and the catalyst may include at least one metal selected from the group consisting of nickel (Ni), cobalt (Co), iron (Fe), platinum (Pt),…, and zirconium (Zr) ([0038]), modified Kang does not explicitly disclose a content of the transition metal is 0.05 to 1.0 parts by weight based on 100 parts by weight of a total weight of the carbon coating layer including the transition metal and the carbon nanotubes.
Tatsuo teaches a similar idea that when using a composite material in the negative electrode of a lithium-ion secondary battery, the strong binding force of the carbon coating layer covering the outer surface of the core can suppress the expansion of the core due to alloy formation, preventing the electrode from pulverizing and breaking (P 2/L 52-55) and a method for producing a negative electrode material for a lithium secondary battery which comprises adhering a catalyst to the surface of an active material core and then subjecting it to chemical vapor deposition treatment, wherein the catalyst contains one or more transition metal element compounds which is at least one selected from the group consisting of Ni, Fe, and Co (P 3/L 111-120, and FIG. 5). (Examiner notes: Ni, Co, or Fe is used interchangeably as the transition metal catalyst in Tatsuo without drastic differences.)
Moreover, Tatsuo teaches if the amount of carbon fibers to be formed is less than 0.5% by mass, sufficient electrical conductivity cannot be obtained (P 8/L 314-317); and to achieve the effect that the catalyst is attached to the active material core, an increase in the amount of metal contained in the negative electrode material is undesirable, the amount of catalyst added is preferably 0.5 to 0.05% by mass (P 7/L 261-265). Tatsuo further teaches the total amount of carbon contained in the sample (negative electrode material) after completion of the reaction was 20% by mass (P 9/L 370-371), which translates to the a content of the transition metal would be in the range of 0.25% to 2.5% by mass with respects to a total weight of carbon, overlapping the range of 0.05 to 1.0 percent of a total weight of the carbon coating layer and the carbon nanotubes as claimed “a content of the transition metal is 0.05 to 1.0 parts by weight based on 100 parts by weight of a total weight of the carbon coating layer including the transition metal and the carbon nanotubes”.
Therefore, a skilled artisan would have found it obvious to adjust the content of the transition metal as taught by Tatsuo, thus arriving at a value that falls within the overlapping portion (0.25 to 1 percent) between the taught range and the range as claimed “0.05 to 1 parts by weight based on 100 parts by weight of a total weight of the carbon coating layer and the carbon nanotubes”, with a reasonable expectation of success in achieving an optimized balance between a desirable amount of metal content in the negative electrode material and a sufficient electrical conductivity of the negative electrode material.
However, while modified Kang discloses an alternative vaporized carbonaceous material may be cyclopentadiene ([0042]), modified Kang does not explicitly disclose the transition metal compound is a metallocene compound.
Kumta teaches similar needs to employ 1D nano-structure in the preparation process of electrode to preserve the configuration and morphology, and therefore the benefits, of the nano-scale anode material, and to generate an anode exhibiting a stable reversible capacity, e.g., 1000 mAh/g, with a silicon and carbon composite material ([0009]); and as shown in a preparation Example 1, with about 6.5 mol% of ferrocene was dissolved in xylene to obtain a feed solution with about 0.75 at. % Fe/C ratio, and was injected continuously into a reactor wherein the liquid existing the capillary tube was immediately volatilized and swept into the reaction chamber by a flow of mixture of argon with hydrogen ([0072] [0076] and [0083]), which teaches “the transition metal compound is a metallocene compound”.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention, to use ferrocene as the transition metal compound, which is a metallocene compound, as taught by Kumta, to form a carbon coating layer including a transition metal and carbon nanotubes (CNT), on the surface of silicon based particles of Kang, in order to generate an anode exhibiting a stable reversible capacity without undue experimentation and with a reasonable expectation of success.
Modified Kang does not explicitly disclose the chemical vapor deposition is conducted for 30 seconds to 10 minutes using the mixture in the form of a liquid mist as a raw material, where the liquid mist is blown into a hot zone using a carrier gas and is pyrolyzed at a high temperature to form the carbon coating layer on the surface of the silicon based particle.
Kumta further teaches a plurality of carbon nanotubes 5 are synthesized or grown on a substrate 10 such that they are vertically aligned and perpendicular to the substrate 10 ([0059] and FIG. 1), and as shown in a preparation Example 1, with about 6.5 mol% of ferrocene was dissolved in xylene to obtain a feed solution and was injected continuously into a two-stage tubular quartz reactor with pre-heating temperature of about 200 °C and reactor of about 750 °C wherein the liquid existing the capillary tube was immediately volatilized and swept into the reaction chamber by a flow of mixture of argon with hydrogen ([0072] and [0083]), which inherently teaches using the mixture in a liquid mist form as a raw material, where the liquid mist is blown into a hot zone using a carrier gas and is pyrolyzed at a high temperature to form the carbon coating layer on the surface of a substrate, because the liquid at the moment of existing the capillary tube is still considered as a liquid mist form before being volatilized, the reactor maintained temperature of about 750 °C corresponds to the hot zone, and a flow of mixture of argon with hydrogen corresponds to a carrier gas of the instant claim.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the CVD method of modified Kang and using the mixture of transition metal compound with ferrocene and carbon source in the form of a liquid mist existing the capillary tube, as taught by Kumta, deposited on the surface of the silicon based particle of Kang, and with a reasonable expectation of success to arrive at the claim limitation “using the mixture in the form of a liquid mist as a raw material, and the liquid mist is blown into a hot zone using a carrier gas and is pyrolyzed at a high temperature to form the carbon coating layer on the surface of the silicon particle” to achieve carbon nanotubes that are vertically aligned and perpendicular to the substrate preserving the configuration and morphology, in order to prevent shorts circuits of the carbon nanotubes from occurring due to volume expansion of Si during charge and discharge processes, as desired by Kang.
Regarding the claim limitation “the chemical vapor deposition is conducted for 30 seconds to 10 minutes”, a skilled artisan would have found it obvious to adjust the chemical vapor deposition time and with a reasonable expectation to arrive at a CVD deposition time that falls within the claimed 30 seconds to 10 minutes time frame without undue experimentation, to successfully obtain a content of the transition metal falling within the overlapping portion of Tatsuo’s taught range and the claimed range, 0.25 to 1 percent of a total weight of the carbon coating layer and the carbon nanotubes, as set forth above.
However, while modified Kang discloses the concern of lifetime characteristics may be reduced due to volume expansion of Si during charge and discharge processes ([0006]), modified Kang does not explicitly disclose the silicon based particle comprises M-SiOy, M is Li, Mg, Ca, Al, or Ti, and 0<y<2, and M-SiOy includes a metal silicate.
Oh provides in order to improve the initial charge and discharge efficiency of the non-aqueous electrolyte rechargeable battery and solve the problems of reduced discharging capacity and cycle life characteristics deteriorate due to an increase in the size of silicon crystals ([0017]), a negative electrode active material including a silicon oxide composite, the silicon oxide composite containing i) silicon, ii) a silicon oxide represented by general formula SiOx (0<x<2), and iii) an oxide including silicon and M, wherein M is any one element selected from the group consisting of Mg, Li, Na, K, Ca, Sr, Ba, Ti, Zr, B, and Al ([0018-0020]), which teaches the claimed “the silicon based particle comprises M-SiOy, M is Li, Mg, Ca, Al, or Ti, and 0<y<2, and M-SiOy includes a metal silicate”.
Therefore, it would have been further obvious to one having ordinary skill in the art, before the effective filing date of the invention, to use a silicon based particle comprising M-SiOy, M is Li, Mg, Ca, Al, and 0<y<2, and M-SiOy includes a metal silicate, as taught by Oh, in order to improve the initial charge and discharge efficiency of the non-aqueous electrolyte rechargeable battery and solve the problems of reduced discharging capacity and cycle life characteristics deteriorate due to an increase in the size of silicon crystals, without undue experimentation and with a reasonable expectation of success.
Regarding claims 10 and 11, modified Kang discloses all of the limitations as set forth above. Modified Kang has disclosed by applying a catalyst to the dispersion solution in which the Si particle is micellized,…, and growing carbon nanotubes on the Si particle on which the carbon layer is formed and transition metal compound FeCl3 in Example 1 ([0014] [0065]), which reads on the claim 10 limitation “the carbon nanotube grows using the transition metal of the transition metal compound as a catalyst”.
Modified Kang further discloses the vaporized carbonaceous material is not limited to any particular material as long as the material provides carbon, and exists in vapor form at a temperature equal to or greater than 300 °C ([0042]) and the vaporized carbonaceous material may be ethanol, ethylene (Example 1, [0065]) or cyclopentadiene, among a finite list of choices ([0042]), which reads on “the carbon nanotube grows using the carbon source as raw materials”,
Even though modified Kang discloses an alternative vaporized carbonaceous material may be cyclopentadiene ([0042]), which is a hydrocarbon, modified Kang does not explicitly disclose this limitation of claim 10 “the carbon nanotube grows using hydrocarbon of the transition metal compound as raw materials”; nor claim 11 limitation “the transition metal compound comprises a compound represented by the following Chemical Formula 1”.
However, Kumta has taught as set forth above, a two-step chemical vapor deposition (CVD) process in accordance with a template-free approach…synthesizing vertically aligned carbon nano-tubes, such as, MWNTs on a substrate,…, through a liquid injection based CVD reactor, in which a hydrocarbon source, such as xylene is present as well as catalyst, such as for example, iron from decomposition of ferrocene ([0058] [0060]). The transition metal compound of ferrocene has a formula Fe(C5H5)2, which contains hydrocarbon portion of (C2H5)2 and the carbon nanotube grows using hydrocarbon of the transition metal compound as raw materials because ferrocene sublimes at about 190°C, and the liquid immediately volatilized and carried by argon with hydrogen in a reactor under 750°C would form carbon nanotubes. Thus claim 10 limitation “the carbon nanotube grows using hydrocarbon of the transition metal compound as raw materials” is met.
The transition metal compound of ferrocene taught by Kumta, as set forth above, has a formula Fe(C5H5)2 which also reads on the Chemical Formula 1 of claim 11, when R1 to R10 are each independently hydrogen, and M is Fe.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to arrive at claims 10 and 11 as taught by Kumta, in order to generate an anode exhibiting a stable reversible capacity, without undue experimentation and with a reasonable expectation of success.
Regarding claim 12, modified Kang discloses all of the limitations as set forth above. While modified Kang does not explicitly use alcohol based solvent as the carbon source, modified Kang discloses the vaporized carbonaceous material is not limited to any particular material as long as the material provides carbon, the vaporized carbonaceous material may include ethanol from a group of a finite list ([0020] [0042]), which reads on the claimed “the carbon source is an alcohol based solvent”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the carbon source being an alcohol based solvent as disclosed by Kang among a finite list of vaporized carbonaceous material with a reasonable expectation of success.
Regarding claim 13, modified Kang discloses all of the limitations as set forth above. While modified Kang discloses by applying a catalyst to the dispersion solution in which the Si particle is micellized ([0014] [0065]) with FeCl3 added into ethanol and pyrrole and stirred ([0065]), which reads on the claimed “the mixture is obtained by dispersing or dissolving the transition metal compound in the carbon source”.
Regarding claim 16, modified Kang discloses all of the limitations as set forth above. While modified Kang in view of Oh includes M in the MSiOy is Li (Oh [0020]), modified Kang does not explicitly disclose the metal silicate is one or more from the group consisting of Mg2SiO4 and MgSiO3.
Oh further teaches the metal is Mg, and the metal silicate is Mg2SiO4 ([0022]). It would have been further obvious to one having ordinary skill in the art, before the effective filing date of the invention, to use the metal silicate of Mg2SiO4, as taught by Oh, in order to improve the initial charge and discharge efficiency of the non-aqueous electrolyte rechargeable battery and solve the problems of reduced discharging capacity and cycle life characteristics deteriorate due to an increase in the size of silicon crystals, without undue experimentation and with a reasonable expectation of success.
5. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kang (US 20140127558 A1, IDS of 4/30/2021), in view of Tatsuo (JP 2004349056 A, IDS of 1/5/2022, see machine translation for citation), Kumta (US 20100310941 A1), and Oh (US 20180090750 A1), as applied to claim 9, further in view of Akira (US 20180287148 A1).
Regarding claim 15, modified Kang discloses all of the limitations as set forth above. While modified Kang in view of Oh includes M in the MSiOy is Li (Oh [0020]), modified Kang does not explicitly disclose the metal silicate is one or more selected from the group consisting of Li2Si2O5, Li3SiO3, Li4SiO4.
Akira teaches a negative-electrode active material for a non-aqueous electrolyte secondary battery that have high charge capacity and initial charge/discharge efficiency and good cycle characteristics ([0011]) including a lithium silicate phase represented by Li2zSiO(2+z) (0<z<2) and particles composed mainly of Si dispersed in the lithium silicate phase. Akira further teaches the lithium silicate phase is preferably composed mainly of Li2Si2O5 ([0033] and A5 in Table 1).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to use the metal silicate of Li2Si2O5, as taught by Akira, in order to achieve high charge capacity and initial charge/discharge efficiency and good cycle characteristics, without undue experimentation and with a reasonable expectation of success.
Response to Arguments
6. Applicant’s arguments regarding the amended claim 9 filed on 11/5/2025 have been fully considered but are not found fully persuasive and moot in view of the new ground(s) of rejection.
First, the Applicant argues that the CVD process performed for 30 seconds to 10 minutes such that a suitable electrical network can be established without causing a reduction in the capacity of the anode active material (Para[0025] of PGpub version of the instant application).
The Examiner respectfully submits that:
The property is not positively claimed.
Tatsuo teaches the amount of catalyst added is preferably 0.5 to 0.05% by mass (P 7/L 261-265) in order to balance between sufficient electrical conductivity and strong binding force of the carbon coating layer covering the outer surface of the core, because: if the amount of carbon fibers to be formed is less than 0.5% by mass, sufficient electrical conductivity cannot be obtained (P 8/L 314-317); and to achieve the effect that the catalyst is attached to the active material core, an increase in the amount of metal contained in the negative electrode material is undesirable (P 7/L 261-265).
Thus, a skilled artisan would reasonably expect within Tatsuo’s taught range of an amount of catalyst added is preferably 0.5 to 0.05% by mass (P 7/L 261-265), the argued property of “a suitable electrical network can be established without causing a reduction in the capacity of the anode active material” would be inherently achieved by Kang in view of Tatsuo’s teaching due to sufficient electrical conductivity and strong binding force of the carbon coating layer covering the outer surface of the core. Therefore, this argument is not considered as persuasive because the property is expected.
Second, the Applicant argues against Kumta’s teaching : 1) any particular or definite CVD duration; 2) a CVD duration suitable for forming a carbon coating layer and carbon nanotubes on silicon particles; and 3) the content of transition metal included in the carbon coating layer can be controlled according to the CVD duration, nor the content or thickness of the carbon coating layer can be adjusted depending on the amount of the transition metal compound.
The Examiner respectfully acknowledges that Kumta uses a different substrate (current collector material [0012] or a quartz substrate [0045], but not silicon particles as claimed) for the CVD process and the process differs from the present claims. However, Kang ([0014]) has disclosed a silicon particle substrate. In this paper, Kumta is only applied to teach the transition metal compound is ferrocene, a metallocene compound; and using the mixture in a liquid mist form as a raw material, where the liquid mist is blown into a hot zone using a carrier gas and is pyrolyzed at a high temperature to form the carbon coating layer on the surface of a substrate.
Regarding the claim limitation “the chemical vapor deposition is conducted for 30 seconds to 10 minutes”, Tatsuo teaches the amount of catalyst added is preferably 0.5 to 0.05% by mass (P 7/L 261-265); and the total amount of carbon contained in the sample (negative electrode material) after completion of the reaction was 20% by mass (P 9/L 370-371), which translates to the a content of the transition metal would be in the range of 0.25% to 2.5% by mass with respects to a total weight of carbon, overlapping the range of 0.05 to 1.0 percent of a total weight of the carbon coating layer and the carbon nanotubes as claimed “a content of the transition metal is 0.05 to 1.0 parts by weight based on 100 parts by weight of a total weight of the carbon coating layer including the transition metal and the carbon nanotubes”.
In order to balance between sufficient electrical conductivity and strong binding force of the carbon coating layer covering the outer surface of the core as taught by Tatsuo, a skilled artisan would have found it obvious to adjust the chemical vapor deposition time, and with a reasonable expectation to arrive at a CVD deposition time that falls within the claimed 30 seconds to 10 minutes time frame without undue experimentation, in order to obtain a content of the transition metal of 0.25 to 1 percent of a total weight of the carbon coating layer and the carbon nanotubes, as set forth above. Therefore, this argument is moot in view of the new grounds of rejection based on Tatsuo’s teaching with respect to the limitations of “a content of the transition metal is 0.05 to 1.0 parts by weight based on 100 parts by weight of a total weight of the carbon coating layer including the transition metal and the carbon nanotubes” and “the chemical vapor deposition is conducted for 30 seconds to 10 minutes”.
Regarding the Applicant argued “nor the content or thickness of the carbon coating layer can be adjusted depending on the amount of the transition metal compound”, the Examiner could not find basis for this portion of argument. Since the thickness of the carbon coating layer and the content of the carbon coating layer can be adjusted depending on the amount of the transition metal compound are not positively claimed, this portion of the argument is moot.
Examiner respectfully submits that regarding the content of the carbon layer including a transition metal and carbon nanotubes (CNT) as claimed, Kang discloses that a composite anode active material is prepared by growing carbon nanotubes on the Si particle on which the carbon layer is formed, by providing a vaporized carbonaceous material ([0014]) and carbon nanotubes may be grown using a thermal vaporization method ([0042]). As shown in Example 1, growing carbon nanotubes while putting the carbonized Si particles (FIG. 1) into a chamber under an argon atmosphere, and applying ethylene at 650° C. and 2 torr to the chamber ([0065]), which reads on the claimed “forming a carbon coating layer including a transition metal and carbon nanotubes (CNT) on a surface of a silicon based particle”.
Finally, the Applicant argues the claimed range of 0.05 to 1.0 parts by weight of a transition metal based on 100 parts by weight of the total amount of the carbon coating layer and carbon nanotubes exhibits unexpected results with referring to Examples 1 and 2 vs. Example 3 and comparative Examples 1 and 2 (Table 1).
Examiner respectfully acknowledges that Table 1 show Examples 1 and 2 within the claimed range of 0.05 to 1.0 parts by weight of a transition metal, achieving higher initial efficiency and capacity retention rate (%) than that of Example 3 and Comparative Example 2 (both out of the claimed range).
However, since Tatsuo teaches an overlapping portion (0.25 to 1 percent) that falls within the range as claimed in order to balance between sufficient electrical conductivity and strong binding force of the carbon coating layer covering the outer surface of the core, a skilled artisan would reasonably expect to achieve the same results of higher initial efficiency and capacity retention rate (%) based on Tatsuo’s taught range of the content of the transition metal. Thus the results of Examples 1 and 2 are not unexpected, thus this argument is not found persuasive.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAN LUO whose telephone number is (571)270-5753. The examiner can normally be reached 8:00AM -5:00PM ET. ET.
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/K. L./Examiner, Art Unit 1751 1/3/2025
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 1/8/2026
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