CTFR 17/434,164 CTFR 100044 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Arguments Applicant’s arguments with respect to claim(s) 9-16 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant amended claim 1 to include “applying a specified energy to the chamber, over a second period subsequent to the first period. ” Bendimerad discloses this element in step 790 (see e.g., Bendimerad; [0084], fig. 7). Tong (WO-2018161378-A1) (see translation) is newly applied to in combination with Bendimerad to teach amended claim 1. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) 9-11, 13-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bendimerad (US-20170117538-A1), and in further view of Tong (WO-2018161378-A1) (see translation) . Regarding claim 9, Bendimerad discloses a method of making an anode material (see e.g., Bendimerad; [0075], fig. 7, regarding manufacturing process to form nanocomposite anode structures as shown in fig. 7), comprising: contacting silicon nanoparticles and a carbonaceous precursor material directly with a silicon cores of respective silicon nanoparticles within a reactor chamber (see e.g., Bendimerad; fig. 7, [0077]-[0083], regarding steps 710-770 which form and contact silicon nanoparticles with carbon precursor and step 780 which has silicon nanoparticles directly contacting carbon precursors in a rotary calcining furnace corresponding to a reactor chamber; [0028]-[0029] further emphasizes direct contact between silicon core and carbon shell to improve electrical conductivity); establishing first thermodynamic conditions in the chamber, over a first period, to decompose the carbonaceous precursor material, to induce coating of amorphous carbon onto the silicon nanoparticles and to create an amorphous carbon shell on the silicon nanoparticles (see e.g., Bendimerad; fig. 7, [0082]-[0083], regarding step 780 which applies temperatures of below 650 °C, or in one embodiment at 550 °C, in a rotary calcining furnace to convert the carbon precursor organic shell into a carbon shell, and specifically amorphous carbon , around the silicon cores); and applying a specified energy to the chamber, over a second period subsequent to the first period, establishing second thermodynamic conditions within the chamber, to induce graphitization of the amorphous carbon shell to a graphite carbon shell (see e.g., Bendimerad; [0036], which specifies that the carbon shell may be formed to be a graphitic carbon shell, fig. 7, [0084]-[0085], regarding step 790 of chemically vapor assisted heat treatment which applies heat treatment in the rotary calcining furnace to facilitate the formation of crystalline carbon phase and a multilayer graphene phase; multilayer graphene is also structurally the same as graphite because graphite is layers of graphene sheets); wherein the second thermodynamic conditions include a higher temperature than the first thermodynamic conditions (see e.g., Bendimerad; [0085], [0083], regarding the one embodiment wherein step 780 is heated at 550 °C and step 790 is heated at 750 °C, which is higher than the previous step). As described above, Bendimerad discloses that the carbonaceous precursor material is heated and turned into a carbon shell in a rotary furnace (see e.g., Bendimerad; [0082], regarding step 780) and subsequently, step 790 which is a chemically vapor assisted heat treatment performed in a rotary calcining furnace (see e.g., Bendimerad; [0084]). Bendimerad does not explicitly disclose replacing at least a portion of the carbonaceous precursor material in the chamber with an inert gas. However, Tong discloses a method of preparing a silicon-graphene core-shell particle for lithium batteries which includes a step of reduction and carbonization, wherein a carbonaceous precursor material is heated under inert atmosphere in a furnace to obtain a graphene-coated silicon composite material (see e.g., Tong; [0016], regarding step 6). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the process of Bendimerad to include the heating step of Tong to turn the outer shell of the particle into graphene as disclosed by Tong. One of ordinary skill in the art would have been motivated to make this modification in order to absorb the volume expansion of silicon (see e.g., Tong; [0008]) which prevents the collapse of the internal structure of active material particles, prevents the active material from detaching from the current collector, reduces capacity decay and low performance, and improves safety (see e.g., Tong; [0003]). The modification provided by Tong therefore replaces the carbonaceous precursor material in the chamber by converting the carbonaceous material to graphene and adding inert gas. Regarding claim 10, modified Bendimerad teaches the method of claim 9. Bendimerad also discloses wherein the carbonaceous precursor material includes acetylene (see e.g., Bendimerad; [0061], regarding using acetylene black precursor in order to improve the conductivity of the composite, regarding carbon precursor of acetylene black which may be converted to acetylene black at below 550 °C, which corresponds to the manufacturing process of [0083] that heats the furnace to about 550 °C). Regarding claim 11, modified Bendimerad teaches the method of claim 9, wherein the first thermodynamic conditions include a first temperature of about 550 °C (see e.g., Bendimerad; [0083]), which falls within the claimed range of about 400 °C to about 700 °C. Regarding claim 13, modified Bendimerad teaches the method of claim 9, wherein the second thermodynamic conditions include a second temperature of 750 °C in one embodiment (see e.g., Bendimerad; [0085]), which falls within the claimed range of about 600 °C to about 1300 °C. Regarding claim 14, modified Bendimerad teaches the method of claim 10. Modified Bendimerad above regarding claim 1 provides the carbon precursor purging before step 790 of Bendimerad. Bendimerad therefore discloses wherein graphitization occurs in the inert gas in the absence of the carbonaceous precursor material (see e.g., Bendimerad; fig. 7, [0084]-[0085], regarding step 790 which provides a heated gas mixture comprising nitrogen, [0085], regarding forming multilayer graphene phase, which is the same as a graphite carbon shell, which is graphitization). In the modification above regarding claim 1, Tong also modifies Bendimerad such that the graphitization occurs in inert gas by heating the carbonaceous material. Regarding claim 15, modified Bendimerad teaches the method of claim 14, wherein the replacing includes purging, following the coating of the amorphous carbon on the silicon nanoparticles, substantially the entirety of the carbonaceous precursor from the chamber (see above regarding claim 1, wherein Bendimerad modified with Tong discloses purging the reaction chamber of carbon by converting the carbonaceous precursor into graphene). Regarding claim 16, modified Bendimerad teaches an anode material made by the method of claim 9 (see e.g., Bendimerad; [0075]). Regarding claim 20, modified Bendimerad teaches the method of claim 9, wherein inducing the coating of amorphous carbon onto the silicon nanoparticles, at the first thermodynamic conditions, includes providing a non-thermal plasma to induce decomposition of the carbonaceous precursor (see e.g., Bendimerad; fig. 7, [0075]-[0083], wherein step 720 may be included in the first thermodynamic conditions, and [0077] which describes step 720 as using a RF plasma to surface coat carbon precursors to silicon cores; RF plasma is non-thermal plasma) . 07-21-aia AIA Claim (s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bendimerad (US-20170117538-A1) and Tong (WO-2018161378-A1) (see translation), and in further view of Grimm et al. (cited in IDS filed on 26 August 2021, DOI: 10.1002/ppap. 200931009, Plasma Process. Polym. 2009, 6, 5433-5437, Gas Phase Modification of Superhard Carbon Coatings Deposited by Pulsed DC-Arc Process ) . Regarding claim 12, modified Bendimerad teaches the method of claim 9. Bendimerad does not explicitly disclose wherein the first thermodynamic conditions include a pressure of about 3 Pa or less. However, Grimm discloses applying acetylene in argon gas atmosphere is done at a pressure of about 2 Pa or less (Tables 2-3), which falls within the claimed range of about 3 Pa or less. Grimm is further analogous art because Bendimerad discloses the heat treatment may be performed in a pure argon atmosphere (see e.g., Bendimerad; [0083]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to specify the applying acetylene pressure argon gas of Bendimerad with a pressure of Grimm, which falls within the claimed range, in order to obtain desired thickness and roughness of carbon coating (Table 3 of Grimm). Conclusion 07-39 AIA THIS ACTION IS MADE FINAL. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST. 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, Matthew Martin can be reached at (571) 270-7871. 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. /KEVIN SONG/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728 Application/Control Number: 17/434,164 Page 2 Art Unit: 1728 Application/Control Number: 17/434,164 Page 3 Art Unit: 1728 Application/Control Number: 17/434,164 Page 4 Art Unit: 1728 Application/Control Number: 17/434,164 Page 5 Art Unit: 1728 Application/Control Number: 17/434,164 Page 6 Art Unit: 1728 Application/Control Number: 17/434,164 Page 7 Art Unit: 1728 Application/Control Number: 17/434,164 Page 9 Art Unit: 1728 Application/Control Number: 17/434,164 Page 10 Art Unit: 1728
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