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 .
Status of the Claims
The amendment/remarks submitted 01/16/2026 have been entered and fully considered. Claims 1-19 and 26-37 are pending. Claims 20-25 are cancelled. Claims 13-19 and 37 are withdrawn. Claims 1-3, 5, 7, 9, 11-12, 17-18, 26, 29-30, and 33-36 are amended. Claims 1-12 and 26-36 are examined herein.
Claim Rejections - 35 USC § 102
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.
Claims 1-9, 12, 26-30, and 35-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nature Communications (2019) 10:1447 (“An”).
Regarding claims 1-2 and 12, An discloses an ant-nest-like porous silicon (AMPSi) comprising three-dimensional interconnected silicon nanoligaments and bicontinuous nanopores (Abstract). As shown in Figs. 1b, 2d, 3a, and 3b, the AMPSi is in the form of primary particles. The nanoligaments correspond to the claimed main skeleton and branches. Supplementary Figure 4 of the Supplementary Information shows that at least one branch of the nanoligaments is a single crystal.
Regarding claims 3 and 35, applicant’s definition of “macroporous” is noted: “According to a definition of the International Union of Pure and Applied Chemistry (IUPAC), those [pores] with a pore diameter greater than 50 nm are called as macro-pores.”
An discloses an ant-nest-like porous silicon (AMPSi) comprising three-dimensional interconnected silicon nanoligaments and bicontinuous nanopores (Abstract). As shown in Figs. 1b, 2d, 3a, and 3b, the AMPSi is in the form of primary particles and the nanopores are extend to the surface of the primary particle.
Regarding claim 4, An discloses the anode material of claim 3. As seen from the pore size distribution in the Supplementary Information, the AMPSi contains pores having a diameter that falls within the claimed range (Fig. S5). As shown in Figs. 2d, 2e, 3a, and 3b, at least some of the nanopores have a depth that falls within the claimed range.
Regarding claims 5 and 36, An discloses an ant-nest-like porous silicon (AMPSi) comprising three-dimensional interconnected silicon nanoligaments and bicontinuous nanopores (Abstract). As shown in Figs. 1b, 2d, 3a, and 3b, the AMPSi is in the form of primary particles. The porosity of the AMPSi was measured at 64.3% (pg. 4).
Regarding claims 6-9 and 27-30, An discloses the anode material of claims 1, 3, and 5. An further discloses a thin C layer is coated on AMPSi (pg. 4). As shown in Figs. 3a and 3b, the carbon is coated on a surface of the skeleton.
Regarding claim 26, An discloses the anode material of claim 1. An further discloses full cells comprising the AMPSi (pg. 9, Electrochemical tests and electrode swelling measurements).
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.
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.
Claims 10-11 and 31-34 are rejected under 35 U.S.C. 103 as being unpatentable over Nature Communications (2019) 10:1447 (“An”) in view of US 2017/0207451 A1 (“Burshtain”).
Regarding claims 10-11 and 31-34, An does not expressly disclose the anode material further comprises a nano-particle layer located on the surface of the primary particle and a coating layer coated the surface of the nano-particle layer, and the nano-particle layer is formed with micro-pores and/or meso-pores.
Burshtain discloses an anode active material for lithium devices that comprises a silicon nanoparticles 12 coated with boron carbide nanoparticles 14 which are further coated with a film 13 of at least one of carbon and transition metal oxide (Abstract; Figs. 3-4; [0039]-[0048]). The coating with the boron carbide nanoparticles 14 forms micro-pores and/or meso-pores. The boron carbide stabilizes the overall structure during the extraction and insertion of the lithium ions ([0062]). The film 13 can stabilize the SEI and may prevent particles from sintering into larger particles, enabling high cycle life even at high mass loadings ([0042]); enable lithium transport from both sides of the anode thus may prevent direct interaction of the silicon with the electrolyte therefore, stabilizing the SEI ([0046]); and enhance mechanical stability, leading to a system with high cyclability even at high charge and/or discharge C rates ([0048]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the concept of with boron carbide nanoparticles which are further coated with a film of carbon as taught by Burshtain for the reasons expressed above.
Response to Arguments
In view of the amendment to the claims, the rejections over 35 USC 112(a) and 112(b) have been withdrawn.
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
Applicant argues that An does not disclose the claimed feature of primary particles and points to Supplementary Fig. 4 of An in support. In response, it is noted that the presence of multiple crystal grains does not preclude primary particles. See, for example, applicant’s specification as filed at [0080]: “The surface of the primary particle is dispersed with crystal grains.” Moreover, the claim only requires that a single branch be a single crystal grain. This is shown in Supplementary Fig. 4(b), (c), and (e) of An. It is not required that the primary particle be a single crystal. Applicant characterizes the AMPSi of An as a secondary particle which contains many crystalline grains, but as noted above and as best understood in view of applicant’s specification, multiple crystalline grains do not define secondary particles.
Applicant alleges benefits of the disclosed structure, but it is noted that many of the features quoted from the specification are not recited in the claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Moreover, applicant’s assertions are not supported by evidence. Furthermore, any advantages compared with prior art are immaterial to an anticipation rejection under 35 USC 102.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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