Prosecution Insights
Last updated: October 02, 2026
Application No. 17/290,610

NEGATIVE ELECTRODE ACTIVE MATERIAL AND METHOD OF PREPARING THE SAME

Final Rejection §103
Filed
Apr 30, 2021
Priority
Nov 13, 2018 — RE 10-2018-0139256 +1 more
Examiner
LUO, KAN
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution Ltd.
OA Round
6 (Final)
60%
Grant Probability
Moderate
7-8
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
45 granted / 75 resolved
-5.0% vs TC avg
Strong +22% interview lift
Without
With
+22.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
14 currently pending
Career history
110
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
64.5%
+24.5% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 75 resolved cases

Office Action

§103
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 . Status of Application Claim 9 is amended, claims 15-16 are cancelled, and claims 17-20 are new, submitted on March 31, 2026. Claims 1-8 remain withdrawn. Claims 9-13 and 17-20 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 17-19 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 Oh2 (US 20210184204 A1-priority to 12/1/2017), Yue (CN 102496701 A, see machine translation for citation). 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 limitation: the silicon based particle comprises Mg-SiO, and wherein the silicon based particle is prepared by: vacuum-heating a powder mixture of Si and SiO2 to form SiO vapor; vacuum-heating Mg to form Mg vapor; mixing the SiO vapor and the Mg vapor; and reacting the mixed SiO vapor and the Mg vapor to prepare the Mg-SiO; wherein the carbon coating layer and the carbon nanotubes are simultaneously formed in a single chemical vapor deposition step by pyrolyzing the mixture on the surface of the silicon based particle. Oh2 teaches silicon oxide composite negative electrode active material capable of preventing rapid deterioration degree of lifetime according to volume expansion and contraction of lithium ([0007]), a preparation method of magnesium-containing silicon oxide composite ([0080-0094]), by vacuum-heating (under a reduced pressure atmosphere of 0.01-1 torr, [0080]) simultaneously a powder mixture of silicon powder and a silicon dioxide (SiO2) powder to form SiO vapor (silicon oxide vapor, [0080]) and magnesium to form Mg vapor (magnesium vapor, [0080]); and reacting the mixed silicon oxide vapor and the magnesium vapor to prepare the Mg-SiO (magnesium-containing silicon oxide composite [0080]), which teaches the claimed “the silicon based particle comprises Mg-SiO, and wherein the silicon based particle is prepared by: vacuum-heating a powder mixture of Si and SiO2 to form SiO vapor; vacuum-heating Mg to form Mg vapor; mixing the SiO vapor and the Mg vapor; and reacting the mixed SiO vapor and the Mg vapor to prepare the Mg-SiO”. It would have been further obvious to one having ordinary skill in the art, before the effective filing date of the invention, to prepare the silicon based particle comprises Mg-SiO, and wherein the silicon based particle is prepared by: vacuum-heating a powder mixture of Si and SiO2 to form SiO vapor; vacuum-heating Mg to form Mg vapor; mixing the SiO vapor and the Mg vapor; and reacting the mixed SiO vapor and the Mg vapor to prepare the Mg-SiO, as taught by Oh2, in order to prevent silicon oxide composite negative electrode active material rapid deterioration degree of lifetime according to volume expansion and contraction of lithium, without undue experimentation and with a reasonable expectation of success. While as set forth above, modified Kang has formed a carbon coating layer including a transition metal and carbon nanotubes (CNT) on a surface of the silicon based particle by pyrolyzing the mixture on the surface of the silicon based particle, modified Kang does not explicitly teach the carbon coating layer and the carbon nanotubes are simultaneously formed in a single chemical vapor deposition step. Yue, in the same field of endeavor, to solve the similar technical problem of improving the cycle performance of the silicon-carbon alloy anode material while also having a high specific capacity ([0007]) due to significant volume changes of the negative electrode made of silicon materials ([0005]). Yue further teaches a silicon-carbon alloy anode material for lithium-ion batteries using silicon powder particles as the matrix with carbon nanotubes and amorphous carbon being coated on the surface of the matrix, and the carbon nanotubes and amorphous carbon are pyrolytic carbon ([0008]) by a chemical vapor deposition process with conditions: carbon source gas at a flow rate of 1-4L/min; simultaneously filled with protective gas at a flow rate of 1-3L/min; and under furnace rotation speed of 0.5r/min during CVD deposition etc. ([0038]); and after chemical vapor deposition, the surface of the silicon particles was uniformly coated with a layer of carbon nanotubes and amorphous carbon ([0045]), which seems to teach the carbon coating layer and the carbon nanotubes are simultaneously formed in a single chemical vapor deposition step. It would have been further obvious to one having ordinary skill in the art, before the effective filing date of the invention, to form the carbon coating layer and the carbon nanotubes simultaneously in a single chemical vapor deposition step, as taught by Yue, in order to improve the cycle performance of the silicon-carbon alloy anode material while also having a high specific capacity, absent evidence to the contrary for secondary consideration. 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 17, modified Kang discloses all of the limitations as set forth above. As set forth above in claim 9, modified Kang has included Oh2’s preparation method of magnesium-containing silicon oxide composite ([0080]), which teaches the limitation a molar ratio of the powder mixture of Si and SiO2 is 1: 1 (Oh2: [0080]). Thus this limitation is met. Regarding claim 18, modified Kang discloses all of the limitations as set forth above. As set forth above in claim 9, modified Kang has included Oh2’s preparation method of magnesium-containing silicon oxide composite ([0080-0094]), which teaches Si power, SiO2 powder and Mg were thermally treated at 1,400° C. under a reduced pressure atmosphere of 0.01-1 torr to generate a silicon oxide vapor and a Mg vapor, followed by reaction in a gas phase ([0080]). Oh2’s taught temperature 1,400° C. is higher than the temperature as claimed “wherein the Mg is vacuum heated at 700° C.” However, since Oh2 has indicated to generate a Mg vapor and run the followed reaction in a gas phase, it would have been obvious to a skilled artisan to envisage Mg would be a gas phase under vacuum 0.01-1 torr at a much lower temperature than 1,400° C as Oh2 taught, because the sublimation temperature of Mg at 1 atm (760 torr) is around 650° C. Therefore, in a pursuit to lower the energy cost of forming the magnesium-containing silicon oxide composite powder, a skilled artisan would be reasonably expected to run temperature optimization between the Mg sublimation temperature 650° C and Oh2’s taught temperature of 1,400° C, without drastic effects regarding the Mg vapor generating portion of the reaction. It would have been obvious to a skilled artisan before the effective filing date of the claimed invention, to further optimize modified Kang’s process as taught in Oh2 ([0080]) within the temperature range between the Mg vaporization temperature 650° C and the Oh2’s taught vapor forming temperature of 1,400° C, reasonably expecting that Mg when vacuum heated at 700° C would be successful in generating Mg vapor and forming magnesium-containing silicon oxide composite powder in the following gas phase reaction without having drastic effects, in order to achieve a higher energy efficiency due to a lowered Mg vapor forming temperature. Regarding claim 19, modified Kang discloses all of the limitations as set forth above. As set forth above in claim 9, modified Kang has included Oh2’s preparation method of magnesium-containing silicon oxide composite ([0080-0094]) which teaches in Example 1 a weight ratio of 15 kg of mixture powder of a silicon powder and a silicon dioxide (SiO2) powder with 1.5 Kg of magnesium ([0080]), being calculated to show the SiO vapor and the Mg vapor are mixed in a weight ratio of 10: 1, and a content of Mg (wt%) in the silicon oxide composite is 9 wt% with discharge capacity of 1352 mAh/g and initial efficiency of 81.7% (Table 1); and in Example 3 ([0085]) the content of Mg (wt%) in the silicon oxide composite is 4 wt% with a higher discharge capacity of 1407 mAh/g but a lower initial efficiency of 80.3% (Table 1). Even though Oh2’s Examples do not explicitly show an example that the SiO vapor and the Mg vapor are mixed in a weight ratio of 95:5 as claimed, a skilled artisan would be reasonably expected to optimize the content of Mg (wt%) between 4 (wt%) to 9 (wt%), in view of the testing results (Discharge capacity, capacity retention and Initial efficiency) of Example 1 and Example 3 presented in Table 1, and thus would reasonably arrive at a successful magnesium-containing silicon oxide composite with a content of Mg (wt%) being 5 (wt%) in the silicon oxide composite, which translates to the SiO vapor and the Mg vapor are mixed in a weight ratio of 95:5, without undue experimentation. It would have been obvious to a skilled artisan before the effective filing date of the claimed invention, to adjust the content of Mg (wt%) 4 (wt%) to 9 (wt%) as taught by Oh2, under routine optimization of properties of discharge capacity, capacity retention and initial efficiency, and have a reasonable expectation of success in arriving at the claimed limitation “the SiO vapor and the Mg vapor are mixed in a weight ratio of 95:5”, without undue experimentation. Allowable Subject Matter 5. Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art regarding claim 20 is Kang in view of Tatsuo, Kumta, Oh2 and Yue. Modified Kang discloses all of the limitations as set forth above. As set forth above in claim 9 rejection, modified Kang has included Oh’s preparation method of magnesium-containing silicon oxide composite ([0080]) which teaches the mixed SiO vapor and the Mg Vapor are reacted in a vapor phase to obtain a reaction product, cooling at 700° C, but not at 500° C as claimed. Since Oh2 requires the silicon oxide vapor and the magnesium vapor are reacted in a vapor phase to obtain a reaction product ([0080]), it would not have been obvious to a skilled artisan to modify the process, running the reaction below the Mg vaporization temperature of 650° C after forming the SiO vapor and Mg vapor. Further, in Example 7 of Oh2 ([0093]) the reaction was rapidly cooled and precipitated to obtain a precipitated reaction product, which teaches away from the claimed method, in that it requires the mixed SiO vapor and the Mg vapor are reacted in a specific cooling zone at temperature of 500° C. Thus, the closest prior art when considered separately and/or in combination fails to disclose, teach, suggest, or render obvious claim 20 when taken as a whole. The instant disclosure PGPub version [0094] supports this new claim 20, and the disclosure provides benefits that such a negative electrode active material having excellent conductivity without an electrical short-circuit problem caused by volume expansion of the negative electrode active material in an electrode [0010]. Response to Arguments 6. Applicant’s arguments regarding the amended claim 1 filed on 3/31/2026 have been fully considered but are moot in view of the new ground(s) of rejection. Applicant argues on P9 that none of the cited references discloses or suggest the limitation “wherein the silicon based particle comprises Mg-SiO, and wherein the silicon based particle is prepared by: vacuum-heating a powder mixture of Si and SiO2 to form SiO vapor; vacuum-heating Mg to form Mg vapor; mixing the SiO vapor and the Mg vapor; and reacting the mixed SiO vapor and the Mg vapor to prepare the Mg-SiO”. Examiner respectfully disagrees and points to P9 of this paper where this specific limitation is addressed in detail by the reference Oh ([0073-0074]). To avoid redundance, no repetition is provided in this response section. Conclusion 7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. 8. 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. 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, Jonathan Leong can be reached on (571)270-1292. 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. /K. L./Examiner, Art Unit 1751 /Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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Prosecution Timeline

Show 9 earlier events
Sep 22, 2025
Interview Requested
Oct 07, 2025
Examiner Interview Summary
Oct 07, 2025
Applicant Interview (Telephonic)
Nov 05, 2025
Request for Continued Examination
Nov 06, 2025
Response after Non-Final Action
Jan 12, 2026
Non-Final Rejection mailed — §103
Mar 31, 2026
Response Filed
Jul 16, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
60%
Grant Probability
82%
With Interview (+22.4%)
3y 7m (~0m remaining)
Median Time to Grant
High
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