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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-11, 13, 14, 16, and 17 have been considered but are moot because the new ground of rejection necessitated by amendment does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11, 13, 14, 16, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhamu (US 2010/0143798 A1). Haon (US 2017/0320744 A1) is used as evidentiary support in claim 14.
Regarding claims 1 and 10, Zhamu discloses a composition comprising silicon-based nanocomposite solid particles, wherein the nanocomposite particles comprise: an active material, nano graphene platelets (NGPs), and a protective matrix (paragraph 99). Zhamu discloses that the active material is silicon (paragraph 79), NGPs are made of carbon because they are graphene, and that the protective matrix is a polymeric carbon (paragraph 71). Since Zhamu discloses the elements claims, it possesses the same properties. See MPEP 2112 I. Zhamu discloses that the NGP layer is 1 to 100 nm thick (paragraph 76).
Regarding claims 2 and 3, since Zhamu discloses the elements claims, it possesses the same properties. See MPEP 2112 I.
Regarding claims 4, 5, and 19, Zhamu discloses that the polymer is epoxy resin (paragraph 7), polyacrylonitrile (paragraph 10), and polyaniline (paragraph 71).
Regarding claims 6 and 7, Zhamu discloses substoichiometric SiOx and SiO2 (paragraph 106).
Regarding claims 8 and 9, Zhamu discloses that the NGPs occupy a weight fraction of 1-90% total nanocomposite weight (paragraph 99).
Regarding claim 11, Zhamu discloses that the NGPs contain CNTs (paragraph 67) from a few nanometers to the micrometer range (paragraph 106).
Regarding claim 13, Zhamu discloses that the particles are 1-20 microns in diameter (paragraph 73).
Regarding claim 14, Zhamu does not disclose the specific surface area of the particles though we do know that they are of the same dimensions based on the rejections above. Zhamu also discloses measuring specific surface area via BET (paragraph 128). Hoan discloses that the BET measures that the specific surface area of such-dimensioned particles is 1-100 m2/g (paragraph 40).
Regarding claim 16 and 17, Haon discloses an apparatus comprising: a negative electrode and a positive electrode (paragraph 1), an electrode comprising silicon-based nanocomposite solid particles, wherein the nanocomposite particles comprise: an active material, nano graphene platelets (NGPs), and a protective matrix (paragraph 99). Zhamu discloses that the active material is silicon (paragraph 79), NGPs are made of carbon because they are graphene, and that the protective matrix is a polymeric carbon (paragraph 71). Since Zhamu discloses the elements claims, it possesses the same properties. See MPEP 2112 I. Zhamu discloses that the NGP layer is 1 to 100 nm thick (paragraph 76).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725