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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment
In response to the amendment filed 9/17/2025:
Claims 11-23 are pending in the current application. Claims 16 and 19 are amended and Claims 1-10 remain canceled.
The objection to claim 19 is overcome in light of the amendment.
The cores of the previous prior art rejections have been maintained in light of the amendment.
Response to Arguments
Applicant's arguments filed 9/17/2025 have been fully considered.
Arguments directed at Claim 11
Applicant argues that the prior art fails to disclose a compound N having the same function as that of the instant invention and further argues a skilled artisan would not have a reason to combine Baba (US-20100003592-A1) with Luo (CN-112018367-A) and Yoon (US-20170117535-A1).
The examiner respectfully disagrees. The arguments are not commensurate in scope with the claim language, as the claim only requires the chemical compounds of the claimed formulas M and N and not the function of the chemical compounds and how they interact.
Further, Luo discloses a coating layer that is insoluble in water and comprises phosphorous (a non-metal) and a non-lithium metal to improve the kinetic properties of electrochemical reactions (see paragraphs [0005]-[0008], [0020], [0048], [0056], [0065], [0097], and [0111]). Baba discloses using a compound with the chemical formula LiPxSiyOz, wherein x, y, z are arbitrary positive numbers, in a battery to function as an ion-conductive layer (see paragraphs [0016]-[0017] and [0044]). The compound disclosed by Baba contains phosphorous and functions as an ion-conductive layer (an electrochemical property), which are qualities desired by Luo, so a skilled artisan would be motivated to combine the compound of Baba with the composite material of Luo.
Claim Rejections - 35 USC § 103
Claims 11-13 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Luo et al. CN-112018367-A (hereinafter referred to as Luo) in view of Yoon et al. US-20170117535-A1 (hereinafter referred to as Yoon) and Baba et al. US-20100003592-A1 (hereinafter referred to as Baba).
Regarding Claim 11, Luo discloses a composite material, of a core-shell structure (compound particles with a coating layer) in Figs. 1-2 (see abstract and paragraphs [0006]-[0008], [0048]-[0049], and [0056]), the core-shell structure comprising:
an inner core 101/201 (particles on which the coating is applied), comprising a lithium-containing silicon oxide (the particles may be compounds comprising Li, Si, and O, which a skilled artisan would recognize is a lithium-containing silicon oxide) in Figs. 1-2 (see paragraphs [0006]-[0007], [0010], [0041], and [0056]);
and a hydrophobic coating layer 103/205 (the coating layer is insoluble in water, which a skilled would recognize is hydrophobic), formed on at least part of a surface of the inner core (the coating layer adheres to at least part of the surface of the silicon oxide compound particles) and comprising a metal element and a non-metal element (phosphorous) (see abstract and paragraphs [0005]-[0008], [0020], [0048], [0056], [0065], [0097], and [0111]).
Luo further discloses the metal element and non-metal element may be part of a composite oxide (which a skilled artisan would recognize may be a lithium-containing silicon composite oxide) and that having both phosphorous and a non-lithium metal in the coating results in improving the kinetic properties of electrochemical reactions thereby improving the fast charge-discharge performance of a battery (see paragraphs [0006]-[0007], [0019], [0054], and [0063]).
Additionally, Luo discloses the metal element is closely adhered to the lithium-containing silicon oxide particle (see paragraphs [0007] and [0010]), so a skilled artisan would expect the metal and lithium-containing silicon oxide to form a composite material wherein the coating comprises a compound M having a chemical formula LiaSiObXc wherein 0<a≤5, 0<b≤5, 0<c≤5, and X is a metal element.
However, if Luo is found to not be sufficiently specific, in the same field of endeavor of active materials with coatings (see abstract), Yoon discloses a silicon containing core may be coated with a lithium titanium oxide such as Li2TiSiO5 (and a skilled artisan would recognize titanium (Ti) is a metal) (see abstract and paragraphs [0006], [0022], [0052]-[0053], and [0066]). This formula falls within and therefore anticipates the general formula of LiaSiObXc, wherein 0<a≤5, 0<b≤5, 0<c≤5, and X is a metal element.
Yoon further discloses the lithium titanium oxide reduces the resistance of a battery and the battery may have enhanced lifespan characteristics (see paragraph [0066]). A skilled artisan would expect to achieve the effects by using this compound on the silicon containing core of Luo.
Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the composite material disclosed by Luo wherein the coating comprises a compound M having a chemical formula LiaSiObXc, wherein 0<a≤5, 0<b≤5, 0<c≤5, and X is a metal element, and as disclosed by Yoon, in order to reduce the resistance of a battery and enhance lifespan characteristics of the battery.
Luo also discloses the phosphorous (a non-metal element) is closely adhered to the lithium-containing silicon oxide particle (see paragraphs [0007] and [0010]), so a skilled artisan would expect the phosphorous and lithium-containing silicon oxide to form a composite material wherein the coating comprises a compound N having a chemical formula LidSiOeYf, wherein 0<d≤5, 0<e≤5, 0<f≤5, and Y is a non-metal element.
However, if Luo is found to not be sufficiently specific, in the same field of endeavor of battery materials (see abstract), Baba discloses using a compound with the chemical formula LiPxSiyOz (a skilled artisan would recognize P is a non-metal element), wherein x, y, z are arbitrary positive numbers, in a battery to function as an ion-conductive layer (see paragraphs [0016]-[0017] and [0044]). This formula substantially overlaps with and therefore renders obvious the general formula of LidSiOeYf, wherein 0<d≤5, 0<e≤5, 0<f≤5, and Y is a non-metal element.
A skilled artisan would recognize this compound would function as an appropriate coating on the composite material of Luo since it is a composite oxide containing phosphorous that increases ion conductivity (which are features desired in the coating disclosed by Luo).
Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the composite material disclosed by Luo and Yoon wherein the coating comprises a compound N having a chemical formula LidSiOeYf, wherein 0<d≤5, 0<e≤5, 0<f≤5, and Y is a non-metal element, as disclosed by Baba, as a selection of a known material in order to aid in ion conductivity.
Regarding Claim 12, modified Luo discloses the composite material according to claim 11 (see rejection of claim 11 above). Luo further discloses the median size of the silicon oxide compound particles (which are the core) is preferably 2-10 μm (see paragraphs [0006] and [0011]). This range falls within and therefore anticipates the claimed range of the inner core having a diameter φ that satisfies 0 µm<φ≤500 µm (meeting item a).
Luo additionally discloses the lithium-containing silicon oxide comprises a silicon-, oxygen-, and lithium-containing compound (see paragraphs [0006] and [0010]) (meeting item b).
Luo also discloses the metal element may be at least one of titanium, magnesium, aluminum, calcium and zinc (see paragraphs [0020], [0054], [0111]) (meeting item f).
Luo further discloses the non-metal element may be phosphorous (see paragraph [0006]) (meeting item g).
Regarding Claim 13, modified Luo discloses the composite material according to claim 12 (see rejection of claim 12 above). Luo further discloses wherein the silicon-, oxygen-, and lithium-containing compound comprises at least one of Li2SiO3, Li2Si2O5, Li4SiO4, and Li6Si2O7 (see paragraphs [0006]-[0010] and [0049]).
Regarding Claim 23, modified Luo discloses the composite material according to claim 11 (see rejection of claim 11 above). Luo further discloses a lithium ion battery, comprising the negative electrode material according to the aforementioned claim 11 (see paragraphs [0029]-[0030]).
Claims 14-22 are rejected under 35 U.S.C. 103 as being unpatentable over Luo in view of Yoon and Baba as applied to Claim 12 above, and further in view of Sha et al. CN-109755500-A (hereinafter referred to as Sha).
Regarding Claims 14 and 15, modified Luo discloses the composite material according to claim 12 (see rejection of claim 12 above). Luo further discloses forming a conductive layer comprising a carbon material (meeting Claim 15, item a) (see paragraph [0060]).
Luo is silent on the conductive layer being an outer layer formed on a surface of the hydrophobic coating layer.
However, in the same field of endeavor of active materials with coatings (see paragraphs [0009]-[0010]), Sha discloses forming a carbon coating 3 as the outer layer on a silicon oxide particle 1 that is coated with an intermediate layer 2 in Fig. 2 (see paragraphs [0009], [0018]-[0020], [0037], [0041], and [0046]). Sha additionally discloses the intermediate layer 2 is non-water-soluble (see paragraph [0010]), so a skilled artisan would understand it correlates to the hydrophobic layer disclosed by Luo.
Sha further discloses the outer carbon coating can increase the electronic conductivity and prevent the electrolyte from directly contacting the active material, thereby reducing the irreversible capacity and the loss of lithium ions in the battery (see paragraphs [0018]-[0020] and [0046]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to include an outer conductive layer formed on a surface of the hydrophobic coating layer, as disclosed by Sha, on the composite material disclosed by modified Luo in order to increase the electronic conductivity and prevent the electrolyte from directly contacting the active material, thereby reducing the irreversible capacity and the loss of lithium ions in the battery.
Regarding Claim 16, Luo discloses a preparation method of a composite material in Fig. 3 (see paragraphs [0066]-[0087]), comprising:
Calcining (heat treatment) a mixture comprising a silicon oxide and a lithium source in a protective atmosphere or a vacuum environment (non-oxidizing atmosphere), so as to obtain a lithium-containing silicon oxide (see paragraphs [0081]-[0082]). Luo further discloses the composite material comprises an inner core 101/201 (particles on which the coating is applied), comprising a lithium-containing silicon oxide (the particles may be compounds comprising Li, Si, and O, which a skilled artisan would recognize is a lithium-containing silicon oxide) in Figs. 1-2 (see paragraphs [0006]-[0007], [0010], [0041], and [0056]); and a hydrophobic coating layer 103/205 (the coating layer is insoluble in water, which a skilled would recognize is hydrophobic), formed on at least part of a surface of the inner core (the coating layer adheres to at least part of the surface of the silicon oxide compound particles) and comprising a metal element and a non-metal element (phosphorous) (see abstract and paragraphs [0005]-[0008], [0020], [0048], [0056], [0065], [0097], and [0111]).
Luo is silent on mixing starting materials comprising the lithium-containing silicon oxide, an X source, and a Y source and sintering the starting materials, so as to obtain the composite material, wherein X is a metal element and Y is a non-metal element.
However, in the same field of endeavor of methods of coating active material (see paragraphs [0009]-[0010]), Sha discloses calcining a mixture comprising a silicon oxide and a lithium source in a protective atmosphere or a vacuum environment (inert atmosphere), so as to obtain a lithium-containing silicon oxide (see paragraph [0056]). Sha further discloses mixing starting materials comprising the lithium-containing silicon oxide, and a metal salt and sintering the starting materials (placing materials into a high-temperature furnace), so as to obtain the composite material (the lithium containing silicon oxide core with an intermediate layer) (see paragraphs [0017] and [0057]-[0059]).
A skilled artisan would recognize this method would result in creating a coating of the mixed starting materials on the lithium-containing silicon oxide core.
As such, a skilled artisan could mix the starting materials of the lithium containing silicon oxide core, the metal element (functioning as an X source) and the non-metal element (functioning as a Y source) disclosed by Luo and then sinter them to obtain the composite material as taught by Sha.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the preparation method of a composite material disclosed by Luo by mixing the starting materials comprising the lithium-containing silicon oxide, an X source, and a Y source and sintering the starting materials, so as to obtain the composite material, wherein X is a metal element and Y is a non-metal element, as disclosed by Sha, in order to obtain a coating of the mixed starting materials on the lithium-containing silicon oxide core.
Regarding Claim 17, modified Luo discloses the preparation method of a composite material according to claim 16 (see rejection of claim 16 above). Luo further discloses forming silicon oxide particles from a mixture of silicon powder and silicon dioxide (which a skilled artisan would recognize has the formula SiO2) (see paragraph [0068]). This formula falls within and therefore anticipates the general formula of SiOx, where 0<x<2 (meeting item a).
Luo additionally discloses the lithium source (lithium-containing compound) may comprise lithium hydride (see paragraph [0082]) (meeting item b).
Luo further discloses the calcining is carried out in a protective atmosphere comprising at least one of helium, argon, and nitrogen (see paragraphs [0082] and [0096]) (meeting item d).
Luo also discloses Luo additionally discloses the lithium-containing silicon oxide comprises a silicon-, oxygen-, and lithium-containing compound (see paragraphs [0006], [0010], and [0085]) (meeting item f).
Regarding Claim 18, modified Luo discloses the preparation method of a composite material according to claim 17 (see rejection of claim 17 above). Luo further discloses wherein the silicon-, oxygen-, and lithium-containing compound comprises at least one of Li2SiO3, Li2Si2O5, Li4SiO4, and Li6Si2O7 (see paragraphs [0006]-[0010] and [0049]).
Regarding Claim 19, modified Luo discloses the preparation method of a composite material according to claim 16 (see rejection of claim 16 above). Luo further discloses the X source (the metal source) may be a metal salt (see paragraphs [0086], [0097], [0105]) (meeting item a).
Luo additionally discloses the Y source (non-metal/phosphorous source) may be a phosphorous containing oxide (phosphate) (see paragraphs [0086] and [0097]) (meeting item b).
Regarding Claim 20, modified Luo discloses the preparation method of a composite material according to claim 19 (see rejection of claim 19 above). Luo further discloses the particles may be coated with carbon to form a conductive layer (see paragraphs [0060] and [0103]).
Luo is silent on the carbon conductive layer being an outer conductive layer on the sintered product.
However, Sha discloses forming a carbon coating 3 as the outer layer on a silicon oxide particle 1 that is coated with an intermediate layer 2 in Fig. 2 (see paragraphs [0009], [0018]-[0020], [0037], [0041], and [0046]). Sha additionally discloses the intermediate layer 2 is non-water-soluble (see paragraph [0010]), so a skilled artisan would understand it correlates to the hydrophobic layer disclosed by Luo.
Sha further discloses the outer carbon coating can increase the electronic conductivity and prevent the electrolyte from directly contacting the active material, thereby reducing the irreversible capacity and the loss of lithium ions in the battery (see paragraphs [0018]-[0020] and [0046]).
Since the combination of Luo and Sha includes sintering the starting materials, this layer would be formed as the outer layer on the sintered product.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to include an outer conductive layer formed as a coating on a sintered product, as disclosed by Sha, in order to increase the electronic conductivity and prevent the electrolyte from directly contacting the active material, thereby reducing the irreversible capacity and the loss of lithium ions in the battery.
Regarding Claim 21, modified Luo discloses the preparation method of a composite material according to claim 20 (see rejection of claim 20 above). Luo further discloses the carbon coating layer preferably has a thickness of 0.1 μm to 1 μm (100 nm to 1000 nm). This range falls within and therefore anticipates the claimed range of the conductive layer having a thickness of 50 nm to 2000 nm (meeting item a).
Additionally, Sha discloses the outer carbon conductive layer may have a thickness of 2 to 1000 nm (see paragraph [0062]), which substantially overlaps and therefore renders obvious the claimed range of the outer conductive layer having a thickness of 50 nm to 2000 nm (meeting item a).
Regarding Claim 22, modified Luo discloses the preparation method of a composite material according to claim 21 (see rejection of claim 21 above). Luo further discloses the organic carbon source may be least one of resins, saccharides (sucrose), and asphalt (see paragraph [0073]) (meeting item a).
Conclusion
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.
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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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