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 .
The Applicant has amended independent claims 1 and 16, and dependent claim 8; canceled claim 6; and added new dependent claims 27 and 28.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/30/2025 has been entered.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-5, 7-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al., WO 2019/112107.
Regarding claim 1, Cho et al., teaches an electrode (abstract) for an electrical energy storage device (0004), the electrode comprising an electrode active material layer (0015) containing a plurality of micro- (0211) or nano-(0259) particles of a modified electrode active material comprising amorphous (0013; 0051) or crystalline (0121), silicon nitride (0001; 0013) having a chemical formula of SiNx (0001; 0095) wherein
0.02<x<1.33, whereby 0 to 30% (0.87% oxygen) (0196), or 0 to 20% (0.87% oxygen) (0196), or 0 to 10% (0.87% oxygen) (0196; 0202) of atoms in said particles contain one or more modifying elements selected from the group: carbon (C) (0001; 0009-0011), oxygen (O) (0188-0189) (0275; 10.32% oxygen atoms), wherein said plurality of particles are arranged in a conductive electrode matrix (0124; 0160) so that the electrode active material layer exhibits at least one of the following:
although Cho does not teach “a chemical composition gradient, whereby a nitrogen content within the plurality of particles increases or decreases with distance from a surface of the electrode active material layer”, Cho et al., teaches “a distribution of atoms…from the periphery to the center of silicon nitride” (0207), and “the content of nitrogen atoms constituting the manufactured silicon nitride particles increases.” (0117).
Additionally, Cho et al., teaches “As the proportion of nitrogen atoms contained in silicon nitride increases, the cycle stability and lifespan of the half-cell can be improved” (0248).
Regarding claim 2, Cho et al., teaches wherein said plurality of particles comprise spherical particles (circular shape) (0254) of an electrode active material having an average diameter of 10 nm – 200 um (0259).
Regarding claim 3, Cho et al., does not teach wherein said electrode active material layer comprises said plurality of particles of an electrode active material having an anisotropic shape with an average minimum transverse dimension of 10 nm – 200 nm (0259). Although Cho does not teach an anisotropic shape of the electrode, the shape of the electrode is a matter of choice, which a person of ordinary skill in the art would
have found obvious absent persuasive evidence that the particular configuration of the claimed electrode was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 4, Cho et al., does not teach wherein said electrode active material layer comprises said plurality of particles of an electrode active material having a rod-like shape wherein the minimum transverse dimension of the particles is 100 nm - 5 um. ). Although Cho does not teach rod-like shape of the electrode, the shape of the electrode is a matter of choice, which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed electrode was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 5, Cho et al., does not teach wherein it comprises said plurality of particles of an electrode active material
Although Cho does not teach platelet shape of the electrode, the shape of the electrode is a matter of choice, which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed electrode was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 6, Cho et al., teaches wherein it comprises said plurality of particles of a modified electrode active material in which the atomic ratio of silicon to nitrogen is in the range of 1:0.02 to 1:1.33 (0111).
Regarding claim 7, Cho et al., teaches wherein it comprises said plurality of particles of an electrode active material comprising up to 10 atomic % of hydrogen (0180).
Regarding claim 8, Cho et al., teaches wherein said plurality of particles (0009-0010) of an electrode active material comprise aggregates of individual particles comprising modified amorphous (0013; 0051) or crystalline (0121), micro- (0211) or nano-sized (0259) silicon nitride (0001; 0009-0010).
Regarding claim 9, Cho et al., teaches wherein said plurality of particles of a modified electrode active material (0009-0010) are at least partially coated with organic and/or inorganic material (0029; 0084). and comprise a core and at least one continuous or non-continuous shell (0029).
Regarding claim 10, Cho et al., teaches wherein said at least one shell (coating) comprises stoichiometric or non-stoichiometric silicon oxide (0195-0196).
Regarding claim 11, Cho et al., teaches wherein said at least one shell (coating) contains carbon (0001; 0010; 0012).
Regarding claim 12, Cho et al., teaches wherein said electrode active material layer comprises at least 2 weight % of said plurality of particles of an electrode active material (5% to 40%) (0014).
Regarding claim 13, Cho et al., teaches wherein said electrode active material layer is at least partly lithiated (0232).
Regarding claim 14, Cho et al., teaches electrical energy storage device comprising a cathode (0084-0085), an anode (0051-0052) and electrolyte (0124; 0160) , wherein said anode is an electrode according to claim 1 (0172).
Regarding claim 15, Cho et al., teaches an electrical energy storage device according to claim 14, wherein the electrical energy storage device is a lithium-ion battery (0051).
Regarding claim 16, Cho et al., teaches a method for producing an electrode according to claim1, comprising steps of supplying a reactant gas comprising silicon (0009), a reactant gas containing nitrogen (0009), and a reactant gas containing a modifying element (carbon) (0010), to a reaction chamber and heating the reactant gases to a temperature sufficient for thermal decomposition (0010; 0107-0109), thereby producing particles by thermal decomposition (0010; 0107-0109), wherein the method comprises a step of arranging the produced particles in a conductive electrode matrix to produce an electrode (0011-0012; 0043), whereby the electrode active material layer exhibits at least one of the following: a) a nitrogen gradient (0053; 0291), whereby a nitrogen content within the produced particles of the modified active material increases or decreases with distance from a surface of the electrode (0117), b) a particle size gradient, whereby the average particle size of the produced particles of the modified active material increases or decreases with distance from a surface of the electrode (0246; 0259; 0268).
In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions
would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding claim 17, Cho et al., teaches wherein said modifying element is one or more of the elements selected from the group: carbon (C) (0015; 0036; 0050), oxygen (O) (0195; 0204).
Regarding claim 18, Cho et al., teaches wherein it comprises a step of controlling a concentration and/or flow of the reactant gas comprising a modifying element (flow chart-Fig. 2; 0055) (flow chart-Fig. 3; 0133) so that less than 30% of the nitrogen (5% to 40%) (0014) or silicon atoms in the produced particles are substituted with carbon (C) (0015; 0036; 0050), oxygen (O) (0195; 0204) , thereby producing particles of the modified active material containing one or more modifying elements, from greater than 0%, up to 30% (5% to 40%) (0014)
Regarding claim 19, Cho et al., teaches the method comprises a step of heating the reactant gases and the least one other gas to a reaction temperature in the range of 400 to 1300 deg C (500-700 deg C) (0016) (0028) in the reaction chamber.
Regarding claim 20, Cho et al., teaches wherein the method comprises a step of pre-heating the reactant gases (“heated in the first heating step” (0020)
to a temperature below the reaction temperature in one or more pre-heating zones(“heated in the first heating step” (0020) before the reactant gases are supplied to the reaction chamber (“heated in the first heating step” (0020).
Regarding claim 21, Cho et al., teaches wherein the method comprises a step of moving the produced particles to a quench zone held at a temperature below 1500C (below 500 deg C) (0108), to quench a thermal decomposition process (0108).
Regarding claim 22, Cho et al., teaches wherein the method comprises a step of exposing the particles to an oxygen-containing atmosphere (0048; 0126), to provide the produced particles with a stochiometric or non-stochiometric silicon oxide shell (0189).
Regarding claim 23, Cho et al., teaches wherein the method comprises a step of heat treating the produced particles (0020; 0269) after their production in an inert
atmosphere or hydrogen-containing atmosphere so as not to oxidize the particles (0128; 0139; 0164).
Regarding claim 24, Cho et al., teaches wherein the method comprises a step of heating the produced particles (0020; 0269) after their production in an oxygen-containing atmosphere to create an oxide shell (0128; 0139; 0164).
Regarding claim 25, Cho et al., teaches wherein the method comprises a step of at least partially coating the produced particles (0001; 0009) to obtain coated particles (0012; 0015) comprising a core (0103) and at least one continuous or non-continuous shell (0029) comprised of inorganic and/or an organic material (0029; 0084).
Regarding claim 26, Cho et al., teaches wherein the method comprises a step of mixing the produced particles of the modified electrode active material with a binder and/or an electrically conductive additive before or as they are arranged to produce an electrode (0027).
Regarding claim 27, Cho et al., teaches particles are arranged in the conductive electrode matrix so that active material layer exhibits particle size gradient (0227; 0240; 0254).
Regarding claim 28, Cho et al., teaches particles are arranged in the conductive electrode matrix so that active material layer exhibits modifying element content gradient (0227; 0240; 0254).
Response to Arguments
Applicant's arguments filed 9/30/2025 have been fully considered but they are not persuasive. The Applicant argues that “Cho does not teach or even suggest the required gradients a-c.”
However, although Cho does not teach “a chemical composition gradient, whereby a nitrogen content within the plurality of particles increases or decreases with distance from a surface of the electrode active material layer”, Cho et al., teaches “a distribution of atoms…from the periphery to the center of silicon nitride” (0207), and “the content of nitrogen atoms constituting the manufactured silicon nitride particles increases.” (0117).
The Applicant argues that there is no “disclosure of incorporating particles of different nitrogen contents, particle sizes, and/or modifying element contents into the same active material layer.”
However, as seen in Fig. 14 (0067), the component analysis from the outer edge to the center of a silicon nitride particle is presented, which is a gradient (outer edge to center of particle) (0qrq; 0206-0207).
Additionally, Cho teaches a particle size gradient:
“As a result of measuring wet-polished silicon nitride particles using a particle size analyzer, the sizes D10, D50 and D90 corresponding to 10%, 50% and 90% of the largest values in the cumulative distribution are 60 nm, 130 nm and 250 nm, respectively.” (0273)
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727