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 .
Response to Amendment
This is a final Office action in response to Applicant’s remarks and amendments filed on 03/24/2026. Claims 1, 7, 9, and 17 are amended. Claims 15 and 18 remain withdrawn. Claims 1 – 9, 12 – 13, 16 – 17, and 20 are pending in the current Office action.
The 35 U.S.C. 112(b) rejections set forth in the previous Office action are withdrawn.
The 35 U.S.C. 103 rejections set forth in the previous Office action are withdrawn. A new grounds of rejection, necessitated by applicant’s amendments to ind. claims 1 and 16 – 17 and dependent claims 7 and 9, is established below.
Response to Arguments
Applicant’s arguments with respect to amended independent claims 1, 16 and 17 have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection. Specifically, in the new grounds of rejection below, the previous rejections based on Zhe and Park are further modified by a newly cited reference: Kim (US PG Pub. 2016/0006027 A1).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b)
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 – 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 7, the recitation “wherein: a plurality of pores is disposed on the kernel and the intermediate layer, each pore of the plurality of pores extends from a surface of the intermediate layer to the kernel, a horn-shaped pore structure extends along the direction from the coating layer to the center of the kernel” renders the claim indefinite, because due to the claim being awkwardly worded/missing recitation, the relationship between the claimed structural elements is unclear. Specifically, it is unclear if the limitation “a horn-shaped structure extends along the direction from the coating layer to the center of the kernel” is mean to further limit the structure of the plurality of pores, which is already claimed to extend along the direction from the coating layer to the center of the kernel or claim a pore that is difference from the claimed plurality of pores. A review of the instant specification suggests that the plurality of pores are the same as the horned-shaped pore structure (See shape of pores 12 in Fig. 5 and [0014];[0043] of the instant specification. Therefore, for the purpose of this Office action, and in the interest of compact prosecution, the examiner is interpreting to the limitation: “wherein: a plurality of pores is disposed on the kernel and the intermediate layer, each pore of the plurality of pores extends from a surface of the intermediate layer to the kernel, a horn-shaped pore structure extends along the direction from the coating layer to the center of the kernel” to recite -- wherein: a plurality of pores is disposed on the kernel and the intermediate layer, each pore of the plurality of pores extends from a surface of the intermediate layer to the kernel and has a horn-shaped pore structure that extends along the direction from the coating layer to the center of the kernel---.
Claims 8 – 9 are similarly rejected due to their dependency on claim 7.
Claim Rejections - 35 USC § 103
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(s) 1 – 6, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhe (CN108461723A , cited in previous Office action mailed 11/28/2025) in view of Kim (US PG Pub. 2016/0006027 A1) and Park (US PG Pub. 2014/0057176 A1, cited in previous Office action mailed 11/28/2025).
Regarding Claim 1, Zhe discloses a silicon-oxygen composite anode material ([0013]) comprising: a kernel (core; Fig. 1, 2; [0013];[0065]) including a mixture of nano-silicon particles and lithium silicate ([0065];[0067 – 0068]); a coating layer (carbon film layer; Fig. 1, 4; [0013];[0054 – 0055];[0065]), wherein the coating layer is made of a carbon material ([0022];[0025 – 0026]); and an intermediate layer located between the kernel and the coating layer (shell Fig. 1, 1; [0013];[0050 – 0052];[0065]).
Zhe teaches the silicon nanoparticles being uniformly dispersed inside the lithium silicon oxide compound particles ([0065]); therefore, Zhe does not disclose wherein most of the nano-silicon particles are distributed on a surface of the kernel.
Kim teaches a silicon-based active material particle having a core containing silicon, silicon nanoparticles formed on a surface of the core, and a carbon coating layer formed on the surface of the core including the silicon nanoparticles (Fig. 2; [0018 – 0020];[0023];[0028 – 0029]). Kim further teaches that, by including the silicon nanoparticles on the surface of the core, the increase in the volume expansion rate during charging-discharging of the Si-based active material can be prevented ([0010];[0015]).
Since Zhe is concerned with suppressing/buffering the expansion rate of their silicon-based active material ([0046];[0048]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the distribution of the silicon nanoparticles in Zhe’s silicon-oxygen composite by having the silicon nanoparticles included on the surface of the kernel, as taught by Kim, with a reasonable expectation in success in further preventing an increase in the volume expansion rate of the active material during charging-discharging.
By including all the silicon nanoparticles on the surface, Modified Zhe’s necessarily possesses a structure within the claimed scope of wherein most of the nano-silicon particles are distributed on a surface of the kernel.
In Fig. 1, Zhe shows that the particles are spherical in shape and further teaches that the content of lithium element in the particle gradually decreases from the outer shell to the inner core of the particle ([0013]). The core is taught to include a lithium silicate compound with a lithium content lower than the shell or a silicon-oxygen without lithium due to the lithium element gradient ([0013]). One with ordinary skill in the art would appreciate that the amount of lithium within the particle would affect the amount the lithium available to form lithium silicate and thus the amount of lithium silicate in the particle. Therefore, based on Zhe teaching that the Li element content gradually decreases from the outer shell to the inner core of the particle, one with ordinary skill in the art would reasonably expect the compound particles of modified Zhe to have a mass content of lithium silicate in the kernel that decreases in a gradient manner along the direction from the coating layer to the center of the kernel.
Zhe further teaches the core including a silicon-oxygen compound due to the lithium element gradually decreasing in content from the shell to the core ([0013];[0065]), but does not explicitly disclose the kernel mixture further including silicon oxide and a mass content of the silicon oxide in the kernel increases in a gradient manner along a direction from the coating layer to a center of the kernel.
Park teaches a silicon-based negative active material with a core including silicon oxide and a coating layer including a metal oxide ([0011]). Park further teaches controlling the atom content of silicon (Si) element and oxygen (O) element such that the silicon element content decreases from the surface contacting the coating layer to the center of the core and the oxygen element content increases from the surface contacting the coating layer to the center of the core in a gradient manner ([0011];[0034];[0040 – 0044]). The content of silicon and oxygen is further taught to be controlled so that silicon negative active material includes a decreasing the concentration of the silicon oxide toward the contact surface of the core with the coating layer as the presence of silicon oxide at the surface is taught to deteriorate performance of the negative electrode by hinder a reaction with lithium ([0045]).
Since Zhe already suggests the compound particle including a silicon-oxygen compound, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, further modify the compound particle of Zhe to include a mass content of silicon oxide that increases in a gradient manner along a direction from the coating layer to the kernel, as taught by Park, with a reasonable expectation of success in improving the reactivity of the compound with lithium by having less silicon oxide material at the surface of the core and achieving a battery with improved cycle-life characteristics (Park: [0045]).
Zhe further teaches that in addition to lithium silicate, the shell {i.e. corresponds to claimed intermediate layer} includes a doping material of one or a combination of single substance or compound powder containing P, F, Mg, Al, Ca, Cu, B, Fe, Mn, Zn, Zr, Ti, Sn elements ([0015];[0034];[0049];[0052]); therefore, the shell layer of Zhe’s particle necessarily comprises a non-lithium silicate {i.e. That is, one with ordinary skill in the art would expect the doping element when doped into the silicate compound to form a doping element silicate. Additionally, the applicant discloses forming the non-lithium metal intermediate layer by introducing a non-lithium metal salt on the surface of the kernel to react, and that the non-lithium silicate refers to doped metal silicate which is similar to Zhe’s composition and doping method (Refer to Instant Specification: [0040];[0053 – 0054] and Zhe: Example 1; [0018 – 0019];[0068])}.
Zhe further teaches that the doping element content decreases from the outer shell to the inner core the compound particles ([0015]). Therefore, one with ordinary skill in the art would reasonably expect the shell of the Zhe’s compound particles, which corresponds to claimed intermediate layer, to have a mass content of non-lithium silicate in the intermediate layer that progressively decreases from the intermediate layer to the kernel.
Regarding Claim 2, modified Zhe discloses all limitation as set forth above. In Zhe, the doping element content is taught to gradually decrease from the outer salt layer to the inner part of the particles so that there is no obvious interface ([0015]). Furthermore, the particles are shown to be spherical in shape in Fig. 1. Therefore Zhe further discloses wherein the mass content of non-lithium silicate in the intermediate layer progressively decreases from the intermediate layer to the kernel in a gradient decrease from the intermediate layer to the kernel, the gradient decrease refers to mass proportions on a circumference with a same distance from a center of the kernel being the same, and the mass proportion decreases gradually as the distance from the center of the kernel decreases.
Regarding Claim 3, modified Zhe discloses all limitation as set forth above. Zhe teaches the doping material to be one or a combination of single substance or compound powder containing P, F, Mg, Al, Ca, Cu, B, Fe, Mn, Zn, Zr, Ti, Sn elements ([0015]). In Example 1, Zhe particularly teaches using the doping metal Mg ([0068]). As established above, one ordinary skill in the art would reasonably expect that doping metal to provide a silicate containing magnesium when added to the silicon oxide containing compound particles.
Additionally, the applicant discloses forming the non-lithium metal by introducing a non-lithium metal salt on the surface of the kernel to react, and that the non-lithium silicate refers to doped metal silicate, which is similar to Zhe’s composition and doping method (Refer to Instant Specification: [0040];[0053 – 0054] and Zhe: Example 1; [0018 – 0019];[0068]).
Therefore, by disclosing an example where the intermediate layer {i.e. shell} contains magnesium silicate, Zhe further discloses a non-lithium silicate which one with ordinary skill in the art would reasonably expect to have a structural formula within the claimed scope of MxSiyOz where M comprises Mg.
Regarding Claim 4, modified Zhe discloses all limitation as set forth above. Zhe further discloses wherein the intermediate layer of non-lithium silicate was generated in situ on the surface of the kernel, and the intermediate layer is a mixture layer generated by introducing a second-phase metal salt on the surface of the kernel (Example 1; [0068]).
Regarding Claims 5 – 6, modified Zhe discloses all limitation as set forth above. In modified Zhe the compound particle includes a concentration gradient of silicon oxide that increases from the coating layer to the center of the kernel (refer to rejection of claim 1), as such the intermediate layer of modified Zhe would reasonably be expected to include silicon oxide (Claim 5) and further have a mass content of the silicon oxide in the intermediate layer that progressively increases from the coating layer to the kernel (Claim 6).
Modified Zhe does not explicitly disclose the silicon oxide to be SiOx, wherein 0.6 < x < 2 and x is an independent variable in the SiOx (Claim 5 cont.).
Park further teaches that SiOx, when x most specifically 0.7 to about 0.9 provides an amount of Si relative to O that allows for an improvement in capacity and efficiency of a rechargeable lithium battery ([0039]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to control the content of Si and O in the compound particle of Zhe such that the SiOx in the particle is SiOx where 0.7 ≤ x ≤ 0.9, and thus is within the claimed scope, with a reasonable expectation of success in achieving an improvement in capacity and efficiency of a rechargeable lithium battery.
Regarding Claim 16, Zhe discloses a lithium battery ([0044];[0072]) comprising a cathode material (positive electrode sheet; [0072]), an electrolyte ([0072]), a separator ([0072]), and a silicon-oxygen composite anode material ([0070];[0072]) comprising a kernel (core; Fig. 1, 2; [0013];[0065]) including a mixture of nano-silicon particles and lithium silicate ([0065];[0067 – 0068]); a coating layer (carbon film layer; Fig. 1, 4; [0013];[0054 – 0055];[0065]), wherein the coating layer is made of a carbon material ([0022];[0025 – 0026]); and an intermediate layer located between the kernel and the coating layer (shell Fig. 1, 1; [0013];[0050 – 0052];[0065]).
Zhe teaches the silicon nanoparticles being uniformly dispersed inside the lithium silicon oxide compound particles ([0065]); therefore, Zhe does not disclose wherein most of the nano-silicon particles are distributed on a surface of the kernel.
Kim teaches a silicon-based active material particle having a core containing silicon, silicon nanoparticles formed on a surface of the core, and a carbon coating layer formed on the surface of the core including the silicon nanoparticles (Fig. 2; [0018 – 0020];[0023];[0028 – 0029]). Kim further teaches that, by including the silicon nanoparticles on the surface of the core, the increase in the volume expansion rate during charging-discharging of the Si-based active material can be prevented ([0010];[0015]).
Since Zhe is concerned with suppressing/buffering the expansion rate of their silicon-based active material ([0046];[0048]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the distribution of the silicon nanoparticles in Zhe’s silicon-oxygen composite by having the silicon nanoparticles included on the surface of the kernel, as taught by Kim, with a reasonable expectation in success in further preventing an increase in the volume expansion rate of the active material during charging-discharging.
In Fig. 1, Zhe shows that the particles are spherical in shape and further teaches that the content of lithium element in the particle gradually decreases from the outer shell to the inner core of the particle ([0013]). The core is taught to include a lithium silicate compound with a lithium content lower than the shell or a silicon-oxygen without lithium due to the lithium element gradient ([0013]). One with ordinary skill in the art would appreciate that the amount of lithium within the particle would affect the amount the lithium available to form lithium silicate and thus the amount of lithium silicate in the particle. Therefore, based on Zhe teaching that the Li element content gradually decreases from the outer shell to the inner core of the particle, one with ordinary skill in the art would reasonably expect the compound particles of Zhe to have a mass content of lithium silicate in the kernel that decreases in a gradient manner along the direction from the coating layer to the center of the kernel.
Zhe teaches the core including a silicon-oxygen compound due to the lithium element gradually decreasing in content from the shell to the core ([0013];[0065]) and further teaches the silicon nanoparticles forming silicon-oxygen compound ([0013];[0046];[0065], but does not explicitly disclose the kernel mixture further including silicon oxide and a mass content of the silicon oxide in the kernel increases in a gradient manner along a direction from the coating layer to a center of the kernel.
Park teaches a silicon-based negative active material with a core including silicon oxide and a coating layer including a metal oxide ([0011]). Park further teaches controlling the atom content of silicon (Si) element and oxygen (O) element such that the silicon element content decreases from the surface contacting the coating layer to the center of the core and the oxygen element content increases from the surface contacting the coating layer to the center of the core in a gradient manner ([0011];[0034];[0040 – 0044]). The content of silicon and oxygen is further taught to be controlled so that silicon negative active material includes a decreasing the concentration of the silicon oxide toward the contact surface of the core with the coating layer as the presence of silicon oxide at the surface is taught to deteriorate performance of the negative electrode by hinder a reaction with lithium ([0045]).
Since Zhe already suggests the compound particle including a silicon-oxygen compound, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, modify the compound particle of Zhe to include a mass content of silicon oxide that increases in a gradient manner along a direction from the coating layer to the kernel, as taught by Park, with a reasonable expectation of success in improving the reactivity of the compound with lithium by having less silicon oxide material at the surface of the core and achieving a battery with improved cycle-life characteristics (Park: [0045]).
Zhe teaches that in addition to lithium silicate, the shell {i.e. corresponds to claimed intermediate layer} includes a doping material of one or a combination of single substance or compound powder containing P, F, Mg, Al, Ca, Cu, B, Fe, Mn, Zn, Zr, Ti, Sn elements ([0015];[0034];[0049];[0052]); therefore, the shell layer of Zhe’s particle necessarily comprises a non-lithium silicate {i.e. That is, one with ordinary skill in the art would expect the doping element when doped into the silicate compound to form a doping element silicate. Additionally, the applicant discloses forming the non-lithium metal intermediate layer by introducing a non-lithium metal salt on the surface of the kernel to react, and that the non-lithium silicate refers to doped metal silicate which is similar to Zhe’s composition and doping method (Refer to Instant Specification: [0040];[0053 – 0054] and Zhe: Example 1; [0018 – 0019];[0068])}.
Zhe further teaches that the doping element content decreases from the outer shell to the inner core the compound particles ([0015]). Therefore, one with ordinary skill in the art would reasonably expect the shell of the Zhe’s compound particles, which corresponds to claimed intermediate layer, to have a mass content of non-lithium silicate in the intermediate layer that progressively decreases from the intermediate layer to the kernel.
Regarding Claim 20, modified Zhe discloses all limitation as set forth above. Zhe teaches that the doping compound is one or a combination of single substance or compound powder containing P, F, Mg, Al, Ca, Cu, B, Fe, Mn, Zn, Zr, Ti, Sn elements ([0015]). In Example 1, Zhe particularly teaches using the doping metal Mg ([0068]); therefore, as established above, Zhe further discloses a non-lithium silicate within the claimed scope of MxSiyOz where the M comprises Mg.
In example 1, the particles are disclosed to contain 58 wt% silicon and 1wt% of magnesium ([0068]), which provides a molar ratio of Mg and Si of about 0.02 which is within the claimed range of 0.01 ≤ nM/nSi ≤ 0.3.
Claim(s) 7 – 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhe (CN108461723A), Kim (US PG Pub. 2016/0006027 A1), and Park (US PG Pub. 2014/0057176 A1), as applied to claim 1 above, and further in view of Cho (US PG Pub. 2018/0034056 A1, cited in previous Office action mailed 11/28/2025) and Yoo (CN105189352, cited in previous Office action mailed 11/28/2025).
Regarding Claim 7, modified Zhe discloses all limitations as set forth above. The silicon-based composite material is taught by Zhe to be used as the negative electrode material for a lithium ion battery negative electrode ([0044]). The silicon-based composite material has a core-shell structure with carbon coating layer included on the outermost surface of the core-shell particle ([0065]).
Zhe does not explicitly disclose a plurality of pores disposed on the kernel {i.e. core} and intermediate layer {i.e. shell} and each pore of the plurality of pores extending from a surface of the intermediate layer to the kernel.
Cho teaches a silicon active material with silicon particles having a double clamping layer, where the double clamping layer includes one or two or more through holes that allows for ions such as lithium ions to freely pass between the core and outside of the silicon anode material, and thereby enable charge and discharge of the battery with high efficiency and high output (Fig. 1B; [0019];[0039]). The silicon particles taught by Choi further include a carbon coating layer on the outermost surface of the particle ([0040]). The clamping layer included on the surface of the silicon core of the particles is a silicon oxide layer ([0037]).
Since the coated silicon-based particles of Cho have a similar structure and application to the particles of Zhe, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the particles of Zhe to include the through holes as taught by Cho, and thus obtain pores disposed on the kernel {i.e. core} and intermediate layer {i.e. shell} that extend from a surface of the intermediate layer to the kernel, with a reasonable expectation of success in obtaining a battery with high efficiency and high output.
Modified Zhe, as established above, does not explicitly teach each pore having a horn-shaped pore structure that extends along the direction from the coating layer to the center of the kernel or an aperture that gradually shrinks from the surface of the intermediate layer to the center of the kernel; however, it would have been obvious to one with ordinary skill in the art to modify the through holes of modified Zhe to have such a shape, because such a modification is change in shape that would still provide an opening for lithium ions to pass though and further is a shape known in the art that provides the benefit of minimizing side reactions and reducing volumetric expansion {i.e. Yoo teaches silicon oxide active material particles with tapered pores for the purpose of minimizing side reactions and reducing volumetric expansion, refer to (Fig. 2 and ([0041 – 0043];[0045];[0071 – 0072];} [See MPEP 2144.04(IV)].
The non-linear tapered pore structure of modified Zhe reads on the claimed “horn-shaped” pore because, based on the pore shape shown in Fig. 5 and [0013 – 0014];[0045] of the instant specification,” a tapered hole shape having an aperture that gradually shrinks appears synonymous and thus within the scope of being “horn-shaped”.
Regarding Claim 8, Zhe discloses all limitations as set forth above. In modified Zhe the intermediate layer comprises the mixture of nano-silicon, silicon oxide, and lithium silicate (Zhe: [0065];[0067 – 0068] and Refer to rejection of claims 1 and 5 above).
Zhe teaches a median particle size for the compound particles {i.e. including core and shell} of 0.2 – 20 µm ([0014]).
Modified Zhe includes through holes that extends from a surface of the shell to the core of the compound particle (Refer to through hole configuration shown in Cho: Fig. 1B); therefore, the depth Ddepth of each pore would necessarily be less than a particle radius of the mixture r in modified Zhe {Examiner Note: the examiner is interpreting the particle radius to mean the particle radius of the kernel which appears to be supported by [0043] of the Instant Specification}.
Therefore, based on the particle size taught by Zhe and, due to the pores having a depth that corresponds to the thickness of the shell of modified Zhe, one with ordinary skill in the art would necessarily expect a depth of each pore of modified Zhe to overlap/encompass the claimed range of 10 nm < Ddepth < 500 nm.
Yoo generally teaches forming nonlinear pores with depths of 0.1 – 5 µm {i.e. 100 – 5000 nm}.
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have the pore depth of modified Zhe be within the claimed range of 10 nm < Ddepth < 500 nm, to optimize the effects of the lithium and doping element rich-shell {i.e. changing thickness of shell layer would change the pore depth as shown in Fig. 4B of Cho and would affect lithium and doping element content (Zhe: [0013 – 0015]}, the particle size {i.e. smaller particle diameters result in less changing in volume during charging/discharging while larger particles improve energy density (Cho: [0034]), and the capability of the through hole to allow lithium ions to pass freely, with a reasonable expectation of success and without undue experimentation [MPEP 2144.05(II)].
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhe (CN108461723A), Kim (US PG Pub. 2016/0006027 A1), Park (US PG Pub. 2014/0057176 A1), Cho (US PG Pub. 2018/0034056 A1) and Yoo (CN105189352), as applied to claim 8 above, and further in view of Liu (US PG Pub. 2020/0161635 A1, effective filing date: 11/19/2018).
Regarding Claim 9, Zhe discloses all limitations as set forth above. Zhe further discloses wherein the coating layer {i.e. carbon film layer} wraps the surface of the intermediate layer (Fig. 1; [0054 – 0055];[0065]).
Modified Zhe includes through holes that extends from a surface of the shell to the core of the compound particle (Refer to through hole configuration shown in Cho: Fig. 1B).
Modified Zhe does not explicitly disclose having the coating layer infiltrate and fully fills all pores of the plurality of pores in both the kernel and intermediate layer.
Cho further teaches including a carbon coating layer on the outermost surface of the silicon anode active material particle and teaches a preference for having the carbon coating layer continuously coat the entire surface of the silicon anode active material particle including the through holes of the particle ([0042]). Cho teaches that having the carbon coating layer coat the through holes allows for improved mobility of lithium ions through the through holes and reduces the volume change of the silicon active material ([0042]).
Liu, directed to silicon-carbon composite particle structure for use as anode active material in lithium-ion batteries, teaches that, while porosity does provide a buffer zone for silicon expansion, porous structures have intrinsic disadvantages such as higher surface area leading to formation of a large amount of SEI causing low coulombic efficiency; large pore volume requiring more electrolyte to wet active materials which decreases the energy density of lithium-ion batteries and makes the electrode preparation difficult as more binder solvent is needed; and the porous structure weakens the mechanical strength compared to its solid counterpart ([0037]). In one embodiment, Liu teaches having the exterior surfaces, including the pores and crevices, of the composite silicon-carbon secondary particle being fully filled with carbon, and that such a structure allows for minimum formation of an SEI layer on the outer surface only ([0044]),
Since the composite particle of modified Zhe, as established above, includes pores on the outer surface and an outer carbon coating layer, and since Cho already teaches that having the carbon coating layer also coat the through holes to allow for improved mobility of lithium ions and reduced volume change, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, when modifying Zhe to include the pores taught by Cho, to further have the carbon film layer infiltrate and fill all the pores {i.e. through holes} of the plurality of pores in both the kernel and intermediate layer of modified Zhe, as taught by Liu, with a reasonable expectation of success in achieving the desired effects of improved lithium ion mobility of material and reducing volume change of the silicon active material and also obtaining an active material particle structure that allows for minimum formation of an SEI layer on the outer surface {i.e. avoids low coulombic efficiency} and requires less electrolyte for wetting.
Claim(s) 12 – 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhe (CN108461723A), Kim (US PG Pub. 2016/0006027 A1), and Park (US PG Pub. 2014/0057176 A1), as applied to claim 1 above, and further in view of Cho (US PG Pub. 2018/0083263 A1, cited in previous Office action mailed 11/28/2025).
Regarding Claims 12 – 13, modified Zhe discloses all limitations as set forth above. In addition to metal doping elements, Zhe teaches doping with nonmetal element such as P, F, and B ([0015]). Generally, the doping elements are taught by Zhe to have a content that gradually decreases from the outer shell to the inner core of the silicon-oxide lithium compound particles ([0015]).
However, Zhe does not particular disclose an embodiment wherein the kernel further comprises one or more nonmetallic doping elements in C, H, N, B, P, S, Cl, and F (Claim 12) and wherein the nonmetallic doping elements are distributed in the kernel in a gradient manner, and the gradient distribution is progressively decreasing from outside of the intermediate layer to the center of the kernel (Claim 13).
Cho teaches a silicon-based anode active material comprising silicon oxide particles and a carbon-based conductive layer coated on an outermost surface of the particles (Fig. 1A – 1B; [0029]). The particles are further taught by Cho to be doped with phosphorous for the purpose of achieving improved conductivity of the silicon and maintaining sufficient potential for reduction or oxidation of lithium throughout an active material layer ([0032].
Since Zhe already suggests using multiple doping elements, and teaches a finite list of doping elements (Zhe: [0015]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to further select and include a nonmetal doping element such as phosphorous for the compound particles of Zhe, as taught by Cho, and thus obtain the claimed nonmetallic doping metal element gradient within the kernel {i.e. core} of Zhe, with a reasonable expectation of success that such a selection would be suitable for the particle of Zhe and further would provide the benefits of improved conductivity and sufficient potential for reduction or oxidation of lithium throughout the active material layer.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Zhe (CN108461723A) in view of Kim (US PG Pub. 2016/0006027 A1), Park (US PG Pub. 2014/0057176 A1) and Kim (US PG Pub. 2003/0194603 A1, cited in previous Office action mailed 11/28/2025), hereinafter Kim II.
Regarding Claim 17, Zhe discloses a lithium battery ([0044];[0072]) comprising a cathode material (positive electrode sheet; [0072]), an electrolyte ([0072]), a separator ([0072]), and a silicon-oxygen composite anode material ([0070];[0072]) comprising a kernel (core; Fig. 1, 2; [0013];[0065]) including a mixture of nano-silicon particles and lithium silicate ([0065];[0067 – 0068]); a coating layer (carbon film layer; Fig. 1, 4; [0013];[0054 – 0055];[0065]), wherein the coating layer is made of a carbon material ([0022];[0025 – 0026]); and an intermediate layer located between the kernel and the coating layer (shell Fig. 1, 1; [0013];[0050 – 0052];[0065]).
Zhe teaches the silicon nanoparticles being uniformly dispersed inside the lithium silicon oxide compound particles ([0065]); therefore, Zhe does not disclose wherein most of the nano-silicon particles are distributed on a surface of the kernel.
Kim teaches a silicon-based active material particle having a core containing silicon, silicon nanoparticles formed on a surface of the core, and a carbon coating layer formed on the surface of the core including the silicon nanoparticles (Fig. 2; [0018 – 0020];[0023];[0028 – 0029]). Kim further teaches that, by including the silicon nanoparticles on the surface of the core, the increase in the volume expansion rate during charging-discharging of the Si-based active material can be prevented ([0010];[0015]).
Since Zhe is concerned with suppressing/buffering the expansion rate of their silicon-based active material ([0046];[0048]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the distribution of the silicon nanoparticles in Zhe’s silicon-oxygen composite by having the silicon nanoparticles included on the surface of the kernel, as taught by Kim, with a reasonable expectation in success in further preventing an increase in the volume expansion rate of the active material during charging-discharging.
By including all the silicon nanoparticles on the surface, Modified Zhe’s necessarily possesses a structure within the claimed scope of wherein most of the nano-silicon particles are distributed on a surface of the kernel.
In Fig. 1, Zhe shows that the particles are spherical in shape and further teaches that the content of lithium element in the particle gradually decreases from the outer shell to the inner core of the particle ([0013]). The core is taught to include a lithium silicate compound with a lithium content lower than the shell or a silicon-oxygen without lithium due to the lithium element gradient ([0013]). One with ordinary skill in the art would appreciate that the amount of lithium within the particle would affect the amount the lithium available to form lithium silicate and thus the amount of lithium silicate in the particle. Therefore, based on Zhe teaching that the Li element content gradually decreases from the outer shell to the inner core of the particle, one with ordinary skill in the art would reasonably expect the compound particles of Zhe to have a mass content of lithium silicate in the kernel that decreases in a gradient manner along the direction from the coating layer to a center of the kernel.
Zhe teaches the core including a silicon-oxygen compound due to the lithium element gradually decreasing in content from the shell to the core ([0013];[0065]) and further teaches the silicon nanoparticles forming silicon-oxygen compound ([0013];[0046];[0065], but does not explicitly disclose the kernel mixture further including silicon oxide and a mass content of the silicon oxide in the kernel increases in a gradient manner along a direction from the coating layer to a center of the kernel.
Park teaches a silicon-based negative active material with a core including silicon oxide and a coating layer including a metal oxide ([0011]). Park further teaches controlling the atom content of silicon (Si) element and oxygen (O) element such that the silicon element content decreases from the surface contacting the coating layer to the center of the core and the oxygen element content increases from the surface contacting the coating layer to the center of the core in a gradient manner ([0011];[0034];[0040 – 0044]). The content of silicon and oxygen is further taught to be controlled so that silicon negative active material includes a decreasing the concentration of the silicon oxide toward the contact surface of the core with the coating layer as the presence of silicon oxide at the surface is taught to deteriorate performance of the negative electrode by hinder a reaction with lithium ([0045]).
Since Zhe already suggests the compound particle including a silicon-oxygen compound, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, modify the compound particle of Zhe to include a mass content of silicon oxide that increases in a gradient manner along a direction from the coating layer to the kernel, as taught by Park, with a reasonable expectation of success in improving the reactivity of the compound with lithium by having less silicon oxide material at the surface of the core and achieving a battery with improved cycle-life characteristics (Park: [0045]).
Zhe teaches that in addition to lithium silicate, the shell {i.e. corresponds to claimed intermediate layer} includes a doping material of one or a combination of single substance or compound powder containing P, F, Mg, Al, Ca, Cu, B, Fe, Mn, Zn, Zr, Ti, Sn elements ([0015];[0034];[0049];[0052]); therefore, the shell layer of Zhe’s particle necessarily comprises a non-lithium silicate {i.e. That is, one with ordinary skill in the art would expect the doping element when doped into the silicate compound to form a doping element silicate. Additionally, the applicant discloses forming the non-lithium metal intermediate layer by introducing a non-lithium metal salt on the surface of the kernel to react, and that the non-lithium silicate refers to doped metal silicate which is similar to Zhe’s composition and doping method (Refer to Instant Specification: [0040];[0053 – 0054] and Zhe: Example 1; [0018 – 0019];[0068])}.
Zhe further teaches that the doping element content decreases from the outer shell to the inner core the compound particles ([0015]). Therefore, one with ordinary skill in the art would reasonably expect the shell of the Zhe’s compound particles, which corresponds to claimed intermediate layer, to have a mass content of non-lithium silicate in the intermediate layer that progressively decreases from the intermediate layer to the kernel.
Modified Zhe does not explicitly disclose a device, comprising a charge and discharge circuit and an electric component, and further comprising the lithium battery as established above, wherein the lithium battery is connected to the charge and discharge circuit, and charges or supplies power to the electric component through the charge and discharge circuit.
Kim II teaches a rechargeable battery pack for portable electronic equipment that includes a battery coupled to a charge/discharge circuit with terminals that allow for coupling to an external battery source for charging the battery and supplying the power of the battery to an external load/portable electronic equipment ([0006 – 0007];[0016]). By including a charge/discharge circuit, a battery connected to the charge/discharge circuit, and an external load/portable electronic equipment that reads on the claimed charge electronic component, the rechargeable battery pack taught by Kim II reads on the claimed device. Kim II further teaches that lithium ion batteries are applicable to such a device ([0004 – 0005]).
Since the battery taught by Zhe is a lithium ion battery, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to use the battery of modified Zhe as the lithium ion battery of Kim’s II rechargeable battery pack, and thus obtain the claimed device, with a reasonable expectation of success in applying a battery suitable for the rechargeable battery pack.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/A.Y.O./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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