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 .
Claim Status
This Office action is in response to the RCE filed on 11/6/2025.
Claim 1 has been amended.
Claims 2-4 have been cancelled.
Claim 6 is newly added.
Claims 1, and 5-6 are currently pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/6/2025 has been entered.
Response to Amendment
In light of the amendment the rejection to claim 3 is withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 5 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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over US 20010012503 A1, FUKUOKA et al.
Regarding claim 1, FUKUOKA [0004] discloses a silicone-based active material particles
FUKUOKA does not disclose multiple layers are within the silicon-based active material particles forming a layer structure within the silicon-based active material particles, and a thickness of each layer of the multiple layers is 0.2 um or less.
FUKUOKA does not explicitly disclose the properties as claimed in the instant application, however because FUKUOKA discloses that the silicon dioxide particles are produced at close to 1000 °C (900 °C for the instant specification and 1100 °C in FUKUOKA [0005]) and both FUKUOKA and the instant application utilize a cooled substrate where the cooled material is deposited and scraped off of the substrate it would be reasonable to conclude that the properties of both silicon dioxide particles would also be the same.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used the method disclosed by FUKUOKA in order to get the claimed silicone-based active material particles in the instant claim.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
Regarding claim 6. FUKUOKA [0009] discloses the silicon-based active material particles according to claim 1, wherein the silicon-based active material particles consist of a metal element-containing silicon-based active material.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 20010012503 A1, FUKUOKA et al. in view of US 20070259113 A1, KIZAKI et al.
Regarding claim 5. FUKUOKA discloses the silicon-based active material particles according to claim 1.
FUKUOKA does not disclose a negative electrode of a lithium-ion secondary battery, comprising the silicon-based active material particles according to claim 1.
KIZAKI [title] discloses a Silicon Monoxide Vapor Deposition Material, Silicon Powder for Silicon Monoxide Raw Material, And Method for Producing Silicon Monoxide where it is disclosed that
KIZAKI [0018] discloses “the silicon monoxide and silicon monoxide vapor deposition material of the present invention can also be applied to the lithium battery electrode material (for example, negative electrode of secondary battery).”
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used the silicon material disclosed by FUKUOKA for the purpose of using the silicon material described by KIZAKI as an active material in a battery electrode, which by the filing date was already well known in the art as evidenced by KIZAKI.
Conclusion
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/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727