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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11-24-2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 6-8 and 13 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 6-8 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for purchasing the first silicon oxide powder A doped [page 8, line 20 to page 9, line 3] where the first silicon oxide powder my comprise SiOx, single element Si, a single element doped metal element, a silicate of doped metal or a compound of doped metal [page 9, lines 5-8] where the metal is at least one of Li, Na, K, Mg or Ca, etc. [page 9, line 3-6] where the raw silicon oxide powder material used before doping maybe SiOx powder in which Si microcrystals are dispersed with an amorphous silicon oxide matrix in the microcrystalline or amorphous form [page 9, lines 9-12] or when lithium is used for doping, the 1st silicon oxide powder may comprise microcrystals of silicate or lithium silicate in the structures… or when sodium is used for doping, the 1st silicon oxide powder may comprise microcrystals of silicate or sodium silicate in the structures… [page 10, lines 7-20], does not reasonably provide enablement for making the first silicon oxide powder particles doped with at least one of an alkali metal or an alkaline earth metal and comprising at least one silicate and microcrystals of silicon dispersed within an amorphous silicon oxide matrix where the at least one silicate is selected from the claim. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims.
There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is "undue." These factors include, but are not limited to:
The breadth of the claims;
The nature of the invention [purchasing the first silicon oxide particles raw silicon oxide powder comprising SiOx powder in which Si microcrystals are dispersed with an amorphous silicon oxide matrix in the microcrystalline or amorphous form and when lithium is used for doping, the 1st silicon oxide powder may comprise microcrystals of lithium silicate and when magnesium is used for doping, the 1st silicon oxide powder comprises microcrystals of magnesium silicate used before the doping step ];
The state of the prior art [ the first silicon oxide particles comprising the raw silicon oxide powder comprising SiOx powder in which Si microcrystals are dispersed with an amorphous silicon oxide matrix in the microcrystalline or amorphous form and when lithium is used for doping, the 1st silicon oxide powder may comprise microcrystals of lithium silicate and when magnesium is used for doping, the 1st silicon oxide powder comprises microcrystals of magnesium silicate has already been invented and is not the invention];
The level of one of ordinary skill;
The level of predictability in the art;
The amount of direction provided by the inventor [purchasing the first silicon oxide particles raw silicon oxide powder comprising SiOx powder in which Si microcrystals are dispersed with an amorphous silicon oxide matrix in the microcrystalline or amorphous form and when lithium is used for doping, the 1st silicon oxide powder may comprise microcrystals of lithium silicate and when magnesium is used for doping, the 1st silicon oxide powder comprises microcrystals of magnesium silicate used before the doping step ]; ;
The existence of working examples [amorphous SiO powder is doped with lithium to prepare silicon oxide powder A resulting in a diffraction peak of Si] ; and
The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988)
The broadest reasonable interpretation of claim(s) encompasses applicant inventing the first silicon oxide particles raw silicon oxide powder comprising SiOx powder in which Si microcrystals are dispersed with an amorphous silicon oxide matrix in the microcrystalline or amorphous form and when lithium is used for doping, the 1st silicon oxide powder may comprise microcrystals of lithium silicate. However, the specification does not teach how to make first the first silicon oxide power particles comprising at least one silicate and microcrystals of silicon dispersed within an amorphous silicon oxide. Taking these factors into account, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of the claim(s). The Examiner believes the invention is: a negative active material composition comprising first and second silicon oxide powder particles wherein a weight of the second silicon oxide powder particles to the first silicon oxide powder particles is 0.2 to 10 wherein each of the first and second oxide particles are purchased:i) amorphous first silicon oxide particles SiOx having an average particle size of 3-15 um, in which Si microcrystals having a crystallite size or 5-30 nm and are dispersed with an amorphous silicon oxide matrix in the microcrystalline or amorphous form which are then doped with lithium causing the 1st silicon oxide powder to comprise microcrystals of lithium silicate selected from the group consisting of Li2SiO3, Li2Si2O4 and Li4SiO4 in the structures and when are doped with magnesium causing the 1st silicon oxide powder to comprise microcrystals of magnesium silicate comprising Mg2SiO4 in the structures andii) purchasing second silicon oxide powder particles having an average particle size of 0.5- 2 um consisting of SiOx wherein 0 < x < 2.
Claims 1-2, 6-8 and 13 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.
Claim 1 is rejected because it is unclear what is meant by “first silicon oxide powder particles doped with at least one of …and comprising at least one silicate and microcrystals of silicon dispersed with an amorphous silicon oxide matrix”. Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamada et al. (WO 2009/063902) teaches that the first silicon oxide powder particles are known because Yamada et al. teaches SiOx containing Si and O as constituent elements used for the negative electrode material (however, the atomic ratio x of O to Si is 0.5 < x < 1.5) is small in Si. In this case, that atomic ratio of Si and O is a ratio including Si microcrystal or amorphous phase Si. Teaches in [0023-0024] that the negative electrode material SiOx includes amorphous SiO.sub.2. The matrix includes a structure in which Si (for example, microcrystalline Si) is dispersed, and this amorphous SiO.sub.2. In addition, it is only necessary that the atomic ratio x satisfies 0.5 ≦ x ≦ 1.5 in combination with Si dispersed therein. For example, amorphous SiO.sub.2. A structure in which Si is dispersed in the matrix, and SiO.sub.2. In the case of a compound in which the molar ratio of Si to Si is 1: 1, since x = 1, the composition formula is represented by SiO. In the case of such a composition, for example, in X-ray diffraction analysis, a peak due to the presence of Si (microcrystalline Si) may not be observed, but when observed with a transmission electron microscope, there is a presence of fine Si. In addition, SiO.sub.2 may be composite particles in which the fine particles are combined. Bosch (JP 2016-522139) teaches that the first silicon oxide powder particles are known because Bosch teaches that in one embodiment of the invention, SiO.sub.x/ Si composite particles comprise nanosilicon microcrystals embedded in an amorphous SiO.sub.x matrix phase. Bosch teaches in claim 2, that the SiO.sub.x / Si /C composite material according to claim 1,
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wherein the SiO.sub.x / Si composite particles include nanosilicon microcrystals embedded in an amorphous SiO.sub.x matrix phase.
Tanaka et al. (US 2016/0254687) teaches that the first silicon oxide powder particles are known because Tanaka et al. teaches in [0055], as the silicon-based active material, particularly, SiOx (silicon oxide) is preferably used. However, an atom ratio x of O to Si is 0.5≦x≦1.5. In SiOx, cycle deterioration is small as compared with a silicon-based alloy and a superior cycle characteristic can be maximally shown in the battery 200. The SiOx preferably includes a crystal phase and an amorphous phase of Si. For example, a structure in which Si, for example, microcrystals Si is dispersed may be included in an amorphous SiO.sub.2 matrix and the atom ratio x may satisfy 0.5≦x≦1.5, including amorphous SiO.sub.2 and Si dispersed therein.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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