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 .
Withdrawn Rejections
The 35 U.S.C. §112, 2nd paragraph, rejection(s) of claims 3-4, made of record in the office action mailed on 04/22/2025, page 2 have been withdrawn due to Applicant’s amendment in the response filed on 07/22/2025.
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, 4-7 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kawamoto et al. (US 2010/0133487) in view of Wessells et al. (US 2014/0127560) and Tian et al. (CN 112259730).
Regarding claims 1, 4-7, Kawamoto discloses a method of producing Prussian blue-type metal complex nanoparticles having a core-shell structure as required so that fine particle properties can be precisely regulated, and Prussian blue-type metal complex nanoparticles obtained by the method, a dispersion of the nanoparticles (para 0013), where the shell corresponds to the cladding layer. Prussian blue-type metal complex nanoparticles according to the above item (7) or (8), wherein the complex crystal forms a core portion, and the anion and the cation adsorbed on the core portion form a shell portion in combination thereof, so that the shell portion formed in having metal composition different from that of the core portion a Prussian blue-type metal complex structure. (para 0014). The Prussian blue-type metal complex having an extremely small size of, for example, about 10 to 200 nm can be obtained (para 0080). The term "nanoparticles" as used in the present invention refers to particles which are fined to have sizes of the order of 10.sup.-9 m, and which can be dispersed in, and isolated from and re-dispersed in, various solvents in a nanoparticle state, i.e., which are discrete particles (particles that cannot be isolated from a dispersoid or dispersion and particles that cannot be isolated from and re-dispersed in the dispersoid or dispersion are not included in the category of the "nanoparticles"). The nanoparticles have an average particle size of preferably 200 nm or less, or more preferably 50 nm or less (para 0094).
However, Kawamoto fails to disclose that core is formula 1 and shell is formula 2.
Whereas, Wessells discloses an electrochemical apparatus (e.g. a battery (cell)) including an aqueous electrolyte and one or two electrodes (e.g., an anode and/or a cathode), one or both of which includes a Prussian Blue analogue (PBA) material of the general chemical formula A.sub.xP[R(CN).sub.6-jL.sub.j].sub.z.nH.sub.2O, where: A is a cation; P is a metal cation; R is a transition metal cation (abstract). The first Prussian Blue analogue material having a general chemical formula A.sub.xP.sub.y[R(CN).sub.6-jL.sub.j].sub.z.nH.sub.2O, where: A is a cation, P is a metal cation, R is a transition metal cation, and L is a ligand substitutable in the place of a CN.sup.- ligand, and 0.ltoreq.j.ltoreq.6, 0.ltoreq.x.ltoreq.2, 0 L<y.ltoreq.4, 0<z.ltoreq.1, and 0.ltoreq.n.ltoreq.5 wherein the first Prussian Blue analogue material has a first specific chemical formula conforming to the general chemical formula including a first particular cation P.sub.1 and a first particular cation R.sub.1 (para 0014), where: A is a monovalent cation such as Na+, K+, Li+, or NH4+, or a divalent cation such as Mg2+ or Ca2+; P is a transition metal cation such as V2+, V3+, Cr2+, Cr3+, Mn2+, Mn3+, Fe2+, Fe3+, Co2+, Co3+, Ni2+, Cu+, Cu2+, or Zn2+, or another metal cation such as Al3+, Sn2+, In3+, or Pb2+; R is a transition metal cation such as V2+, V3+, Cr2+, Cr3+, Mn2+, Mn3+, Fe2+, Fe3+, Co2+, Co3+, Ru2+, Ru3+, Os2+, Os3+, Ir2+, Ir3+, Pt2+, or Pt3+; L is a ligand that may be substituted in the place of a CN- ligand, including CO (carbonyl), NO (nitrosyl), or Cl-; 0.ltoreq.x.ltoreq.2; 0.ltoreq.z.ltoreq.1; and 0.ltoreq.n.ltoreq.5 (para 009).
Whereas, Tian discloses Prussian blue transition metal cyanide, comprising a secondary particle, the secondary particle comprises a plurality of primary particles; wherein the primary particle is spherical or similar to spherical shape. Prussian blue transition metal cyanide is low in the gram volume, resulting in poor energy density of the sodium ion battery, which affects the commercial application of the sodium ion battery (abstract). The Prussian blue transition metal cyanide comprises AxM1 [M2 (CN) 6] y, wherein A is selected from one or more of alkali metal ion and alkaline earth metal ion; M1 is selected from one or more of Mn, Ni, Cu, Co, Fe, Zn and Cr; M2 is selected from one or more of Mn, Ni, Cu, Co, Fe, Zn and Cr; x is more than or equal to 1.5 and less than or equal to 2; y is more than or equal to 0.6 and less than or equal to 1. The defect degree of the Prussian blue transition metal cyanide is small, the higher the gram volume is, the more energy density of the battery is improved. A can be selected from the group consisting of Na, K, Zn, Li in the one kind of or several (page 8-9).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include chemical formula 1 of Wessells in the core of Kawamoto motivated by the desire to have high performance battery electrode and improved electrode lifetime during battery operation and to include chemical formula of Tian in the shell of Kawamoto motivated by the desire to improve the energy density and multiplying power performance of the secondary battery.
Regarding claim 17-20, Kawamoto fails to disclose the battery pack or powdered device comprising the battery module comprising the sodium battery comprising the Prussian blue analog having a core-shell structure.
Whereas, Tian discloses energy storage device, claims a prussian blue transition metal cyanide, preparation method thereof, and related anode pole piece, secondary battery, battery pack and device (abstract).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to use Prussian blue-type metal complex nanoparticles of Kawamoto for battery pack, secondary battery and device as taught by Tian motivated by the desire for end use applications.
Response to Arguments
Applicant’s arguments filed on 07/22/2025 have been fully considered, but they are not persuasive.
Applicant argues that the paragraph [D014] of the application that using the chemical composition AyMn{[Fe(CN)a]x as the shell to clad the surface of the sodium-containing prussian blue analogy, the shell can especially effectively hinder the entry of water molecules in to the core-shell structure. it also explained in paragraph [0223] that the long-term cycling and short-term cycling and short-term charge rate performances of the PBA materials of each Example and Comparative exarnple revealed that the cladded material of each Example exhibited significantly supenor performance in terms of rate and cycling performances.
“obviousness under 103 is not negated because the motivation to arrive at the claimed invention as disclosed by the prior art does not agree with appellant’s motivation”, In re Dillon, 16 USPQ2d 1897 (Fed. Cir. 1990), In re Tomlinson, 150 USPQ 623 (CCPA 1966). The reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed.Cir. 2006); Cross Med. Prods., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1323, 76 USPQ2d 1662,1685 (Fed. Cir. 2005); In re Linter, 458 F.2d 1013, 173 USPQ 560 (CCPA 1972) (discussed below); In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990), cert. denied, 500 U.S. 904 (1991).
Applicant argues that Wessels does not disclose that the Prussian Blue analogue material is having a core-shell structure. A core-shell structure refers to a uniform and distinct encapsulation of a core material by a shell material, where this is typically a clear boundary that distinguishes the two components. Furthermore, as stated in paragraph [0012] of Wessells, the conformal coating is of a mixed conducting polymer. See also paragraphs [0013], [0014] and [0112] This does not teach or suggest the use of a chemical formula of the cladding layer of Formula 2 as claimed in claim 1.
However, Wessels is only used as teaching reference in order to teach chemical formula 1 of Wessells in the core of Kawamoto. It is noted that the "test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference... Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art", In re Keller, 642 F.2d 413,208 USPQ 871,881 (CCPA 1981) and that "combining the teachings of references does not involve an ability to combine their specific structures", In re Nievelt, 482 F.2d 965, 179 USP 224, 226 (CCPA).
Applicant argues that Examiner states that it would be obvious to include chemical formula | of Wessells in the core of Rawamoto and to include chemical formula of Tian in the shell of Kawamoto. It is noted that Formula [and [Din claim 1 both include CN and the Examiner states that Wessells discloses that L. is a ligand substitutable in place of a CN ligand. Wessells also discloses this. It is also noted that Tan refers to providing Prussian blue based transition metal cyanide. Given that Tian refers to Prussian blue-based transition metal cyanide and Wessels teaches ligand © m place of a CN ligand, it would not be obvious to one of shill in the art to include chemical formula 1 of Wessells in the core of Kawamoto and to include chemical formula of Tian in the shell of Kawamoto. There is no teaching, suggestion or reasonable expectation of success based on the combination of the references of use of a combination of Forrnula 1 in a core, with a cladding layer of Formula 2.
However, it should be noted that Kawamoto, Wessells and Tiam are directed towards Prussian blue based material and Wessells and Tiam are used as teaching reference to cure the deficiency of Kawamoto.
However, note that while Wessells and Tiam do not disclose all the features of the present claimed invention, Wessells and Tiam are used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely to include chemical formula 1 and 2 respectively, and in combination with the primary reference, discloses the presently claimed invention.
Applicant argues that the positive effect of the core-shell structure is evidenced by the examples. The water absorption rates of the Prussian Blue analogue material having the core-shell structure is low (see tables | to 10}. The improved long-term cycling performance of the core-shell structure of the material as shown in figure 5.
The reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed.Cir. 2006); Cross Med. Prods., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1323, 76 USPQ2d 1662,1685 (Fed. Cir. 2005); In re Linter, 458 F.2d 1013, 173 USPQ 560 (CCPA 1972) (discussed below); In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990), cert. denied, 500 U.S. 904 (1991).
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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/RONAK C PATEL/Primary Examiner, Art Unit 1788