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 .
Response to Amendment
The applicant’s amendments filed 12/24/2025 have been entered but do not overcome the 102 and 103 rejection as previous set forth in non-final office action mailed 06/25/2025
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 25, 27-32, and 34-36, and 38-42 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (WO-2017165916-A1) hereinafter referred to as ‘Huang’
Regarding Claim 25,
Huang teaches a method of forming a composite particle including the step of: contacting an active material particle, a modified oligomeric metal coordination complex, and at least one polymer, mixing an active material particles, a modified oligomeric metal coordination complex, at least one polymer and a liquid carrier provide a mixed solution; and at least partially removing the liquid carrier from the mixed solution to thereby form a composite particle (Huang, “A composite precursor formulation comprising: (i) a first active material; (ii) a second active material; and (iii) a metal-coordination complex, wherein the first active material and the second active material have at least one surface property which is different, one from the other.”, see Clm. 1 also see Clm. 13) (Huang, “In an embodiment, the first and/or second active material of the composite precursor formulation is selected from the group consisting of metals, metal oxides, ceramics, intermetallic compounds, metalloids, clays, carbon and both synthetic and biological polymers”, see [0048]) (Huang, “In some embodiments wherein the composite precursor formulation comprises a liquid carrier then the method may further include the step of removing the liquid carrier”, see [0014])
Wherein: the active material is selected from: silicon, a silicon-containing material, in, a tin-containing material, germanium, germanium-containing material, carbon, sulphur, LiFePO4 mixed metal oxides which include cobalt, lithium, nickel, iron and/or manganese, phosphorus, aluminum, titanium (Huang, “Preferably, when the electrode is a cathode, the first and/or second active material is selected from one or more of sulphur, LiFeP04 (LFP), mixed metal oxides containing cobalt, lithium, nickel, iron and/or manganese, and carbon.”, see [0050]), and the modified metal coordination complex, wherein the capping group is an oxygen containing group selected from the group consisting of sulphates, phosphates, carboxylates, sulphonic acids and phosphonic acids (Huang, “More preferably, the dative bond forming groups are oxygen or nitrogen. Even more preferably, the dative bond forming group is an oxygen-containing group. Still even more preferably, the oxygen- containing group is selected from the group consisting of oxides, hydroxides, water, sulphates, phosphates, or carboxylates.”, see [00139]), and wherein the metal ion of the metal coordination complex is selected from the group consisting of chromium, ruthenium, titanium, iron, cobalt, aluminum, zirconium, rhodium and combinations thereof (Huang, “ In an embodiment, the metal ion of the metal-coordination complex is selected from the group consisting of chromium, ruthenium, iron, cobalt, aluminium, zirconium and rhodium.”, see [00134]).
Regarding Claim 27,
Huang teaches the method of claim 25, wherein the step of at least partially removing the liquid carrier from the mixed solution comprises spray drying, rotary evaporation or evaporation with heating under stirring (Huang, “slurry flask was placed on a heated stirrer and mixed at 40°C at 400rpm for 5 minute”, see [0178]).
Regarding Claim 28,
Huang teaches the method of claim 25, wherein the method of forming a composite particle includes the steps of:(i) providing a plurality of activated particles comprising active material particles at least partially coated with a modified oligomeric metal coordination complex; and (ii) contacting the plurality of activated particles with at least one polymer capable of forming coordinate bonds with the modified oligomeric metal coordination complex, to thereby form a composite particle (Huang, “The metal-coordination complex can be added to the silicon particles to form an activated silicon material which may then be combined with carbon particles and PAA”, see [00128]) (Huang, “In an embodiment, the first and/or second active material of the composite precursor formulation is selected from the group consisting of metals, metal oxides, ceramics, intermetallic compounds, metalloids, clays, carbon and both synthetic and biological polymers”, see [0048]) .
Regarding Claim 29,
Huang teaches the method of claim 25, wherein the method further includes the step of controlling the reaction pH and/or temperature and/or mixing and/or relative concentrations of active material particle and/or modified oligomeric metal coordination complex and/or polymer, when the three components are exposed to one another (Huang, “By controlling the type of metal complexes, as exemplified by the changes in pH, it is possible to change the surface properties of silicon nanoparticles from electronegative, to neutral and to electropositive particles.”, see [00177])(Huang, “the metal-coordination complexes can be formed by providing conditions for forming electron donating groups for bridging or otherwise linking or bonding two or more metal ions. This can be done by providing a pH below pH 7 such as below pH 6 or below pH 5”, see [00145])
Regarding Claim 30,
Huang teaches the method of claim 25, wherein the method further comprises the step of forming a modified oligomeric metal coordination complex (Huang, “The metal-coordination complex can be added to the silicon particles to form an activated silicon material which may then be combined with carbon particles and PAA”, see [0128]).
Regarding Claim 31,
Huang teaches the method of claim 25, wherein the method further comprises the step of contacting the activated particles and the at least one polymer, with a liquid and/or solid porogen (Huang, “In some embodiments wherein the composite precursor formulation comprises a liquid carrier then the method may further include the step of removing the liquid carrier”, see [0014])
Regarding Claim 32,
Huang teaches a composite particle precursor formulation comprising: (i) a plurality of activated particles comprising active material particles at least partially coated with a modified oligomeric metal coordination complex; (ii) at least one polymer capable of forming coordinate bonds with the modified oligomeric metal coordination complex; and (iii) a liquid carrier in which the plurality of activated particles and at least one polymer are located (Huang, “A composite precursor formulation comprising: (i) a first active material; (ii) a second active material; and (iii) a metal-coordination complex, wherein the first active material and the second active material have at least one surface property which is different, one from the other.”, see Clm. 1 also see Clm. 13) (Huang, “In some embodiments wherein the composite precursor formulation comprises a liquid carrier then the method may further include the step of removing the liquid carrier”, see [0014]).
Wherein: the active material is selected from: silicon, silicon-containing materials, tin, a tin- containing material, germanium, germanium-containing material, carbon, sulphur, LiFePO4,mixed metal oxides which include cobalt, lithium, nickel, iron and/or manganese, phosphorus, aluminum, titanium, and the modified metal coordination complex is a capped metal coordination complex (Huang, “Preferably, when the electrode is a cathode, the first and/or second active material is selected from one or more of sulphur, LiFeP04 (LFP), mixed metal oxides containing cobalt, lithium, nickel, iron and/or manganese, and carbon.”, see [0050]) (Huang, “Thus, in certain embodiments, a metal-coordination complex bonded to or associated with a first or second active material also includes a dative bond to an intermediary agent such as a binder moiety. Preferred binder moieties may be selected from carbene, a nitrogen-containing group, an oxygen-containing group, and a sulfur-containing group”, see [0060]), wherein the capping group is an oxygen containing group selected from the group consisting of sulphates, phosphates, carboxylates, sulphonic acids and phosphonic acids (Huang, “More preferably, the dative bond forming groups are oxygen or nitrogen. Even more preferably, the dative bond forming group is an oxygen-containing group. Still even more preferably, the oxygen- containing group is selected from the group consisting of oxides, hydroxides, water, sulphates, phosphates, or carboxylates.”, see [00139]), and wherein the metal ion of the metal coordination complex is selected from the group consisting of chromium, ruthenium, titanium, iron, cobalt, aluminum, zirconium, rhodium and combinations thereof (Huang, “ In an embodiment, the metal ion of the metal-coordination complex is selected from the group consisting of chromium, ruthenium, iron, cobalt, aluminium, zirconium and rhodium.”, see [00134])
Regarding Claim 34,
Huang teaches the method of claim 33 wherein the capping group used to form the capped metal coordination complex is selected from those including one or more of nitrogen, oxygen, or sulphur as dative bond forming groups (Huang, “Thus, in certain embodiments, a metal-coordination complex bonded to or associated with a first or second active material also includes a dative bond to an intermediary agent such as a binder moiety. Preferred binder moieties may be selected from carbene, a nitrogen-containing group, an oxygen-containing group, and a sulfur-containing group”, see [0060]).
Regarding Claim 35,
Huang teaches the method of claim 34 wherein the capping group is selected from the group consisting of formate, acetate, propionate, oxalate, malonate, succinate, maleate, sulphate, phosphate, and hydroxyacetate (Huang, “The metal ion may be associated with a counter-ion, such as an anion selected from the group consisting of chloride, acetate, bromide, nitrate, perchlorate, alum, fluoride, formate,”, see [00138]).
Regarding Claim 36,
Huang teaches the method of claim 33 wherein the at least one modified oligomeric metal coordination complex has been modified by formation at a pH below 3.8 (Huang, “silicon nanoparticles treated with metal-coordination complex formulations at pH 3.7”, see [0031]).
Regarding Claim 38,
Huang teaches the method of claim 25 wherein the surface of the active material includes a nitrogen, oxygen, sulfur, hydroxyl, or carboxylic acid species (Huang, “Preferably, the surface of the active material comprises a nitrogen, oxygen, sulfur, hydroxyl,”, see [0118]).
Regarding Claim 39,
Huang teaches the method of claim 25 wherein the active material particles are selected from the group consisting of metals, intermetallic compounds, metalloids, metal oxides, clays, carbon- based particles, and ceramics (Huang, “In an embodiment, the first and/or second active material of the composite precursor formulation is selected from the group consisting of metals, metal oxides, ceramics, intermetallic compounds, metalloids, clays, carbon and both synthetic and biological polymers”, see [0048]) .
Regarding Claim 40,
Huang teaches the method of claim 39 wherein the active material is selected from silicon, silicon containing materials, tin, a tin containing material germanium, germanium containing material carbon, and. (Huang, “In an embodiment, the first and/or second active material of the composite precursor formulation is selected from the group consisting of metals, metal oxides, ceramics, intermetallic compounds, metalloids, clays, carbon and both synthetic and biological polymers”, see [0048]) (Huang, “the first and/or second active material is selected from one or more of silicon, tin and carbon. The silicon may be in the form of pure silicon,”, see [0049]).
Regarding Claim 41,
Huang teaches the method of claim 39 wherein the active material is selected from the group consisting of: sulphur, LiFePO-4(LFP), mixed metal oxides which include cobalt, lithium, nickel, iron and/or manganese, phosphorus, aluminum, titanium and carbon (Huang, “Preferably, when the electrode is a cathode, the first and/or second active material is selected from one or more of sulphur, LiFeP04 (LFP), mixed metal oxides containing cobalt, lithium, nickel, iron and/or manganese, and carbon.”, see [0050]).
Regarding Claim 42,
Huang teaches an electrochemical cell including: an anode, a cathode, and an electrolyte arranged between the anode and the cathode; wherein at least one of the anode or the cathode comprises a plurality of composite particles formed by the method of claim 25 (Huang, “Fabrication of metal-coordination complex coated Si anode in the coin cell battery”, see [00180]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 33 is rejected under 35 U.S.C. 103 as being unpatentable over by (WO-2017165916-A1) hereinafter referred to as ‘Huang’
Regarding Claim 33,
Huang teaches the method of claim 25, wherein the at least one modified metal coordination complex is a capped metal coordination complex and/or a metal coordination complex formed at a pH below 3.8 (Huang, “ This can be done by providing a pH below pH 7 such as below pH 6 or below pH 5, preferably between about 1 .5 to 7, or about 2 to 7, or about 3 to 7 or about 4 to 7, or about 1.5 to 6, or about 2 to 6, or about 3 to 6 or about 4 to 6 to the composition formed from the contact of the metal-coordination complexes with the surface of the active material.”, see [00145]).
The examiner takes note of the fact that the prior art range of 1.5 to 7 broadly overlaps the claimed range of below 3.8. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Response to Arguments
Applicant's arguments filed 12/24/2025 have been fully considered but they are not persuasive.
On pg. 6, the applicant argues:
“It is respectfully submitted that the electrode slurry generated by the approach described in Huang is not uniform in content and therefore in complete contrast to the subject matter of the pending claims.”
However, this is not convincing. Huang explicitly states that the significance and motivation of the homogeneity of the solution (Huang, “The use of the metal-coordination complex in the formation of composite precursor formulations and composite materials formed therefrom can, in this aspect, be thought of as use of a mixing enhancer that improves homogeneity of the mixture or slurry and, additionally, may improve the desired properties of devices which require the use of the composite or nanocomposite material thereby formed”, see [0058]). Therefore, the examiner finds that Huang is not in disagreement with the instant application, and one of ordinary art skill in the art would have found it obvious to have modified the invention as taught in Huang to be more homogenous.
On pg. 7 and 8, the applicant argues:
“The metal-ligand complexes described in Huang are highly reactive, i.e., they do not use modified metal coordination complexes using the recited capping groups…The modified oligomeric metal coordination complex has been modified to display capping groups coordinately bound to the metal of the oligomeric metal coordination complex. The capping groups will alter the reaction kinetics of the now modified oligomeric metal coordination complex with moieties in the at least one polymer as they will be more resistant to being displaced”
However, this is not convincing. The applicant claims that the capping group is “may be those that include nitrogen, oxygen, or sulphur as dative bond forming groups. More preferably, the dative bond forming groups of the capping agent are oxygen or nitrogen. Even more preferably, the capping agent is one comprising a dative bond forming group which is an oxygen containing group.” (Instant Application, see [0113]). The applicant acknowledges that the capping group comprising a dative bond with an oxygen group. However, although not explicitly named, Huang describes a similar structure to the capping structure as claimed, “The skilled addressee will appreciate that when the conductive interface is part of an electrode, then the electrode may be an anode or a cathode and may be formed from materials (forming the active material and substrate) that are typically used for either. In either case, the active material includes a surface, typically the surface presented by particles thereof, and the metal ion of the metal-coordination complex is able to form a dative bond with that surface. Preferably, the surface of the active material comprises a nitrogen, oxygen, sulfur, hydroxyl, or carboxylic acid species having a lone pair of electrons for forming the dative bond... Most preferably, the surface includes an oxygen species. Oxygen species are preferred as generally, the surface of the active material can be easily oxidised to include an oxide layer, if required, or may functionally be considered an oxide. Thus, in a preferred embodiment the surface of the active material is an oxide or partially oxidised surface.” (Huang, see [00118]). Therefore, although not mentioning a capping group explicitly, Huang mentions a similar structure which matches the claim language of the instant application. Therefore, Huang teaches and makes obvious the addition of a capping group, even if not explicitly named as a capping group.
On pg.8, the applicant states,
“It will be appreciated then that the slurries of Huang were not homogeneous in terms of forming discrete uniform clusters of interconnected active material nanoparticles within a porous polymeric network. Appropriate capping groups will therefore be those which slow down coordination of the modified oligomeric metal coordination complexes with the polymer but do not prevent it. Additionally, the capping groups allow the total charge value of the activated particle (or nanoparticle) to be controlled to thereby encourage a degree of clustering consistent with the formation of composite particles. Without this control, such as in the approach of Huang, the activated particles will be predominantly in the form of individual particles.”
However, this is not convincing. Huang explicitly teaches that metal coordination bonds can link metal ions and link particle beyond individual particles (Huang, “Oligomeric metal-coordination complexes can be pre-formed and applied to the liquid carrier, or formed in-situ in the presence of the active materials. In this embodiment, the ligands are able to form multiple dative bonds with multiple metal ions, to effectively bridge or cross-link the metal ions. That is, the ligand may form dative bonds with two or more metal ions, thereby linking one metal ion to another metal ion”, see[0149]). Therefore, the capping group’s behavior of forming composite particles is taught and would have been obvious to one of ordinary skill in the art.
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.P.M./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752