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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1 June 2026 has been entered.
Status of Claims
Claim 12 is newly added. Claims 1-12, as filed 1 June 2026, are examined herein. No new matter is included.
Information Disclosure Statement
The information disclosure statement filed 1 June 2026 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Response to Arguments
The provisional non-statutory double patenting rejection and non-statutory double patenting rejection are both withdrawn in light of Applicant’s arguments.
Regarding the rejection under 35 USC 103, Applicant argues that Hirohashi is a secondary battery and Yaokawa is a primary battery, therefore there is no motivation to combine. This argument is moot in light of a newly cited references, Shanmugan, and Ao.
Claim Interpretation
Claim 1 includes the limitation "A graphene compound comprising a vacancy, wherein the graphene compound comprises a plurality of carbon atoms and one or more fluorine atoms terminating the carbon atoms, and wherein the vacancy is formed with the plurality of carbon atoms and the one or more fluorine atoms." For the purpose of clarity, Examiner notes that a PHOSITA would recognize that the definition of the term “terminating” in context of the claims pertains to a specific atom or chemical group being covalently bonded a dangling bond at edge or defect site.
Claim 9 includes the limitation “wherein the graphene compound is in contact with a first one of the plurality of the active materials and a second one of the plurality of the active materials” The specification at ([0017]) states: “By providing a graphene compound as a bridge between a plurality of active materials and an electrolyte, it is possible to not only form an excellent conductive path in the electrode but also bind or fix the materials. In addition, for example, a three-dimensional net-like structure is formed by using a graphene compound, and materials such as the electrolyte, the plurality of active materials, and like are placed in meshes, whereby the graphene compound forms a three- dimensional conductive path and detachment of an active material from the electrode can be suppressed. Thus, the graphene compound can function both as a conductive agent and a binder in the electrode.” The broadest reasonable interpretation of the instant claim limitation is determined to include the graphene acting as a conductive path, the graphene acting as a structural binder, or both.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ao (Ao et al. "Enhancement of the stability of fluorine atoms on defective graphene and at graphene/fluorographene interface." ACS Applied Materials & Interfaces 7.35 (2015): 19659-19665.)
Regarding claim 1, Ao teaches a graphene compound comprising a vacancy, wherein the graphene compound comprises a plurality of carbon atoms and one or more fluorine atoms terminating the carbon atoms, and wherein the vacancy is formed with the plurality of carbon atoms and the one or more fluorine atoms. (Abstract, FIG. 1c, and section 3.2 discussing one or more fluorine atoms bound to carbons at one or more vacancies.)
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Hirohashi (US 20160104885 A1) in view of Shanmugam (Shanmugan et. al., "The effect of edge termination on Li+ ion adsorption of pristine and defected graphene sheets." Journal of Materials Science 55.14 (2020): 5920-5937).
Regarding claim 1, Hirohashi teaches a graphene compound ([0006] graphene [0007] “formed from carbon and one or more elements … such as … a halogen”) comprising a vacancy ([0007] “hole”). At FIG. 1B a graphene sheet is shown with nitrogen covalently bonded at the edges of the hole (nitrogen atoms covalently bonded to the carbon atoms), wherein the graphene compound comprises a plurality of carbon atoms). At ([0029]) Hirohashi teaches substituting out a nitrogen for a halogen such as chlorine as a non-limiting example, with a reasonable expectation that such modification would successfully provide high conductivity and permeability to lithium ions as well as high reliability ([0006]) based on the disclosed mechanism of ([0035]). Hirohashi at ([0015]) teaches the use of graphene with holes for at least one of the positive electrode active material layer and the negative electrode active material layer. Examiner notes that a person of ordinary skill would recognize that the definition of the term “terminating” in context of the claims pertains to a specific atom or chemical group being covalently bonded as a dangling bond at an edge or defect site. Halogen atoms as set forth at ([0029]) would therefore create halogen atoms terminating the carbon atoms. However, Hirohashi does not explicitly teach one or more fluorine atoms terminating the carbon atoms, and wherein the vacancy is formed with the plurality of carbon atoms and the one or more fluorine atoms.
Shanmugan, in the field of (abstract) graphene nanomaterials for energy storage, discloses (abstract) that fluorine termination enhances Li+ adsorption and (Table 5) that the most favorable adsorption enthalpies for Li+ ion adsorption are observed for F-functionalized defected graphene sheets, indicating strong adsorption between the F-functionalized graphene the lithium ion. At (abstract), this offers efficient energy storage.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to replace the halogen or nitrogen in the graphene sheets of Hirohashi with the fluorine terminated defected graphene of Shanmugan, with a reasonable expectation of achieving efficient energy storage as taught by Shanmugan, thus meeting the instant claim limitation.
Claim(s) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirohashi (US 20160104885 A1) in view of Shanmugam (Shanmugan et. al., "The effect of edge termination on Li+ ion adsorption of pristine and defected graphene sheets." Journal of Materials Science 55.14 (2020): 5920-5937).
Regarding claim 2, Hirohashi in view of Shanmugan teaches all of the limitations as set forth above, and Hirohashi further teaches the vacancy comprises a ring-shaped region composed of the plurality of carbon atoms, [and the one or more fluorine atoms]; [0035] (emphasis added) “A hole in the graphene preferably has such a size that the aforementioned ion can pass through the hole. Note that the hole in the graphene may form a many membered ring which is a nine- or more-membered ring.”; and FIG. 1B (a non-limiting example) showing a ring-shaped region with a greater than 18-membered ring. The motivation to select fluorine for the halogen functionalization of Hirohashi, as set forth in claim 1, above, is incorporated herein by reference, thus rendering obvious a ring-shaped region with an 18 or more membered ring.
Regarding claim 3, Hirohashi in view of Shanmugan teaches all of the limitations as set forth above, and Hirohashi further teaches wherein a lithium ion is capable of passing through the ring-shaped region. ([0035] “A hole in the graphene preferably has such a size that the aforementioned [lithium] ion can pass through the hole”; [0007] “A hole is formed in the graphene, whereby a path through which an ion passes can be formed.”)
Regarding claims 4 and 5, Hirohashi in view of Shanmugan teaches all of the limitations as set forth above. Hirohashi does not explicitly teach wherein a change in a stabilization energy when the lithium ion passes through the vacancy is 1 eV or less. However, a graphene compound comprising a vacancy, fluorine termination of the carbon atoms, and having an 18-or more membered ring is rendered obvious by Hirohashi in view of Shanmugan as set forth in claims 1-3, above. Hirohashi in view of Shanmugan discloses the same structure and chemistry as the claimed fluorine terminated graphene with an 18-or more membered ring. The instant specification teaches ([0067]) “reducing a graphene oxide can form a vacancy in a graphene compound in some cases.” At ([0153]) the instant specification teaches adding fluorine to the conductive agent (graphene) using gas or plasma treatment. Hirohashi discloses a comparable process at ([0024-0029]), starting with a graphene oxide and carrying out heat treatment then nitrogen or halogen functionalization. Hirohashi at [0032-0033] and Fig. 1B and Fig. 2 (curve B) also provides supportive evidence since -3 eV is less than 1eV.
Because the structure and chemistry of the claimed material is rendered obvious, and the manufacturing method is similar, therefore the material of Hirohashi in view of Shanmugan has the same properties, and a change in a stabilization energy when a lithium ion passes through as claimed is also rendered obvious, meeting the limitation of claim 4. For similar reasons, Hirohashi in view of Shanmugan also renders obvious wherein the stabilization energy is obtained by a Nudged Elastic Band method (claim 5). Examiner notes that claim 5 is a product claim not a method claim, therefore the method by which the stabilization energy is obtained does not appear to provide distinguish from the material of claims 4 and 5.
Regarding claim 6, Hirohashi in view of Shanmugan teaches all of the limitations as set forth above. Hirohashi further teaches a secondary battery ([0007]) comprising an electrode comprising the graphene compound according to claim 1 ([0015] “Such graphene is used for at least one of the positive electrode active material layer and the negative electrode active material layer.”)
Regarding claim 7, Hirohashi in view of Shanmugan teaches all of the limitations as set forth above, and Hirohashi further teaches a moving vehicle comprising the secondary battery according to claim 6. ([0074] an electric vehicle)
Regarding claim 8, Hirohashi in view of Shanmugan teaches all of the limitations as set forth above, and Hirohashi further teaches an electronic device comprising the secondary battery according to claim 6. ([0074] a desktop personal computer)
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirohashi (US 20160104885 A1) in view of Zhamu (US 20120064409 A1) and in further view of Shanmugan.
Regarding claim 9, Hirohashi teaches a secondary battery ([0073] power storage device) comprising: an electrode ([0040-0041] a negative electrode, a positive electrode). Hirohashi teaches ([0040] multiple different negative electrode active materials “there is no particular limitation” and at ([0043-0045]) teaches multiple types of positive active materials. However, Hirohashi does not explicitly teach a specific embodiment wherein the electrode comprises a plurality of active materials.
Zhamu, in a similar field of endeavor, discloses ([0142]) an anode material comprising 23% Si-nanowires, 12% graphene, and 65% fine graphite particles. At ([0004]) Zhamu discloses that natural graphite and synthetic graphite can reversibly intercalate lithium. Therefore, a person of ordinary skill would consider graphite to be an active material. Zhamu at (FIG. 3(A) and FIG. 3(B)) discloses graphene sheets embracing active material particles, and at ([0143]) Zhamu discloses that a cell using these particulates exhibits improved stability of cycling behavior.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select Zhamu’s Si-nanowire and graphite active material for Hirohashi’s secondary battery, with a reasonable expectation of successfully achieving improved stability of cycling behavior, thus rendering obvious wherein the electrode comprises a plurality of active materials.
Returning to Hirohashi, at ([0015]) Hirohashi teaches graphene-containing electrodes “Such graphene is used for at least one of the positive electrode active material layer and the negative electrode active material layer” and further teaches ([0006-0007]) graphene “formed from carbon and one or more elements … such as … a halogen” comprising a hole. (a graphene compound comprising a vacancy) At FIG. 1B a graphene sheet is shown with nitrogen functionalization at the edges of a ring-shaped region with a greater than 18-membered ring.
However, Hirohashi does not explicitly teach one or more fluorine atoms terminating the carbon atoms, and wherein the vacancy is formed with the plurality of carbon atoms and the one or more fluorine atoms.
Shanmugan, in the field of (abstract) graphene nanomaterials for energy storage, discloses (abstract) that fluorine termination enhances Li+ adsorption and (Table 5) that the most favorable adsorption enthalpies for Li+ ion adsorption are observed for F-functionalized defected graphene sheets, indicating strong adsorption between the F-functionalized graphene the lithium ion. At (abstract), this offers efficient energy storage.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to replace the halogen or nitrogen in the graphene sheets of Hirohashi with the fluorine terminated defected graphene of Shanmugan, with a reasonable expectation of achieving efficient energy storage as taught by Shanmugan, thus meeting the instant claim limitation.
Hirohashi does not explicitly teach wherein the graphene compound is in contact with a first one of the plurality of the active materials and a second one of the plurality of the active materials. However, at ([0087]) Hirohashi discloses that “graphene which has high conductivity and is permeable to ions of lithium or the like is used.” At [0065] Hirohashi discloses graphene on the surface of a silicon active material layer. In combination with the electrode comprising a plurality of active materials of Zhamu, as set forth above, this which creates the graphene compound in contact with a first and second active material.
Regarding claim 10, Hirohashi in view of Zhamu and Shanmugan teaches all of the limitations as set forth above, and Hirohashi further teaches wherein a lithium ion is capable of passing through the vacancy. ([0007] “A hole is formed in the graphene, whereby a path through which an ion passes can be formed.” [0035] (emphasis added) “A hole in the graphene preferably has such a size that the aforementioned ion can pass through the hole. Note that the hole in the graphene may form a many membered ring which is a nine- or more-membered ring.”; and FIG. 1B (a non-limiting example) showing a ring-shaped region with a greater than 18-membered ring.)
Regarding claim 11, Hirohashi in view of Zhamu and Shanmugan teaches all of the limitations as set forth above. Hirohashi shows (FIG. 1A, FIG. 1B) a single graphene layer, but does not explicitly teach the number of layers in Hirohashi’s graphene. Therefore, Hirohashi does not explicitly teach wherein the graphene compound comprises a first graphene layer and a second graphene layer.
Zhamu (FIG. 3(A) FIG. 3(B)) shows active material embraced by graphene sheets to create a secondary particle, and at ([0039]) discloses the particulate is formed of a single or a plurality of graphene sheets. The motivation to combine Zhamu’s secondary particle with Hirohashi’s graphene comprising a vacancy, as set forth in claim 9 above, is incorporated herein by reference. A person of ordinary skill would expect there to be some overlap of graphene sheets in Zhamu’s secondary particle, thus rendering obvious wherein the graphene compound comprises a first graphene layer and a second graphene layer.
Hirohashi FIG. 1A shows the first graphene layer comprising the vacancy. However, Hirohashi does not explicitly teach wherein an energy barrier when a lithium ion diffuses in a region between the first graphene layer and the second graphene layer is lower than an energy barrier when the lithium ion passes through the vacancy.
A graphene compound comprising a vacancy, fluorine termination of the carbon atoms, and having an 18-or more membered ring is rendered obvious by Hirohashi in view of Zhamu and Shanmugan as set forth in claims 9-10, above. Hirohashi in view of Zhamu and Shanmugan discloses the same structure and chemistry as the claimed fluorine functionalized graphene with an 18-or more membered ring. The instant specification teaches ([0067]) “reducing a graphene oxide can form a vacancy in a graphene compound in some cases.” At ([0153]) the instant specification teaches adding fluorine to the conductive agent (graphene) using gas or plasma treatment. Hirohashi discloses a comparable process at ([0024-0029]), starting with a graphene oxide and carrying out heat treatment then nitrogen or halogen functionalization.
Because the structure and chemistry of the claimed material is rendered obvious, and the manufacturing method is similar, therefore the material of Hirohashi in view of Zhamu and Shanmugan has the same properties, and therefore the claimed energy barrier property is rendered obvious.
Regarding claim 12, Hirohashi teaches a secondary battery (abstract) comprising: an electrode, ([0048] cathode) wherein the electrode comprises a plurality of active materials and a graphene compound, wherein the graphene compound has a carbon concentration higher than 80 atom% ([0011] nitrogen concentration 0.4 to 40 at.%, encompasses the claimed range) wherein the graphene compound comprises a vacancy, wherein the vacancy has a 18- or more-membered ring in which at least one of a plurality of carbon atoms is terminated by fluorine.
Hirohashi at FIG. 1B a graphene sheet is shown with nitrogen functionalization at the edges of the hole (nitrogen atoms terminating the carbon atoms), wherein the graphene compound comprises a plurality of carbon atoms). At ([0029]) Hirohashi teaches substituting out a nitrogen for a halogen such as chlorine as a non-limiting example, with a reasonable expectation that such modification would successfully provide high conductivity and permeability to lithium ions as well as high reliability ([0006]) based on the disclosed mechanism of [0035]. Hirohashi at ([0015]) teaches the use of graphene with holes for at least one of the positive electrode active material layer and the negative electrode active material layer. However, Hirohashi does not explicitly teach one or more fluorine atoms terminating the carbon atoms, and wherein the vacancy is formed with the plurality of carbon atoms and the one or more fluorine atoms.
Shanmugan, in the field of (abstract) graphene nanomaterials for energy storage, discloses (abstract) that fluorine termination enhances Li+ adsorption and (Table 5) that the most favorable adsorption enthalpies for Li+ ion adsorption are observed for F-functionalized defected graphene sheets, indicating strong adsorption between the F-functionalized graphene the lithium ion. At (abstract), this offers efficient energy storage.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to replace the halogen or nitrogen in the graphene sheets of Hirohashi with the fluorine terminated defected graphene of Shanmugan, with a reasonable expectation of achieving efficient energy storage as taught by Shanmugan, thus meeting the instant claim limitation.
Zhamu, in a similar field of endeavor, discloses ([0142]) an anode material comprising 23% Si-nanowires, 12% graphene, and 65% fine graphite particles. At ([0004]) Zhamu discloses that natural graphite and synthetic graphite can reversibly intercalate lithium. Therefore, a person of ordinary skill would consider graphite to be an active material. Zhamu at (FIG. 3(A) and FIG. 3(B)) discloses graphene sheets embracing active material particles, and at ([0143]) Zhamu discloses that a cell using these particulates exhibits improved stability of cycling behavior.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select Zhamu’s Si-nanowire and graphite active material for Hirohashi’s secondary battery, with a reasonable expectation of successfully achieving improved stability of cycling behavior, thus rendering obvious wherein the electrode comprises a plurality of active materials.
Hirohashi does not explicitly teach wherein the graphene compound is in contact with a first one of the plurality of the active materials and a second one of the plurality of the active materials. However, at ([0087]) Hirohashi discloses that “graphene which has high conductivity and is permeable to ions of lithium or the like is used.” At [0065] Hirohashi discloses graphene on the surface of a silicon active material layer. In combination with the electrode comprising a plurality of active materials of Zhamu, as set forth above, this which creates the graphene compound in contact with a first and second active material.
Conclusion
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CLAIRE A. RUTISER
Examiner
Art Unit 1751
/C.A.R./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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