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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 26 May 2026 has been entered.
Status of Claims
Claims 1 and 16 are newly amended. Claim 17 is newly added. Claims 2-3, 5-6, 10-11, and 13-15 stand withdrawn. Claim 16 is dependent on withdrawn claim 13, therefore claim 16 is also withdrawn. Claims 1, 4, 7-9, 12, and 17 are examined herein. No new matter is included.
Information Disclosure Statement
The IDS dated 5 September 2025 has been considered.
Response to Arguments
Regarding the rejection under 35 USC 103, Applicant argues that Oguni in view of Lee and Zhang does not teach or suggest graphene comprising at least one carbon atom terminated by a hydrogen atom and a carbon atom terminated by a fluorine atom. This argument is moot in light of a newly cited reference, Sint.
Claim Interpretation
Claim 1 includes the limitation “graphene comprising at least one carbon atom terminated by a hydrogen atom and at least one carbon atom terminated by a fluorine atom in a two-dimensional structure formed with six-membered rings of carbon " Examiner notes that the instant specification does not provide a special definition for "terminating". Absent a special definition, Examiner determines that the broadest reasonable interpretation of this limitation includes at least one hydrogen atom covalently bonded to a carbon atom in the graphene sheet and at least one fluorine atom covalently bonded to a carbon atom in a graphene sheet.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17 recites “the vacancy is formed with a 22-membered ring composed of carbon atoms” and claim 1 recites “a vacancy … formed with six-membered rings of carbon.” Therefore, it is unclear if the 22-membered ring of claim 17 is addition to the six-member rings of carbon or if claim 1 should read “formed with at least six-membered rings of carbon”.
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.
Claim(s) 1, 4, 7-9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oguni (US 20120308894 A1) in view of Sint (Sint, K., Wang, B., & Král, P. (2008). Selective ion passage through functionalized graphene nanopores. Journal of the American Chemical Society, 130(49), 16448-16449.)
Regarding claims 1 and 17, Oguni discloses an electrode (abstract: negative electrode) comprising:
a particle containing silicon; ([0055] silicon is used as an alloy-based negative electrode material.)
a graphene compound, ([0017] an alloy based negative electrode material particle … covered with a carbon film including … 1 to 50 graphene layers.)
Regarding the limitation “wherein the graphene compound clings to the particle”, the meaning of “clings” is clarified at [0023-0025] of the instant specification. (emphasis added)
[0023] The material having a sheet-like shape preferably clings to the active material. The phrase “the material having a sheet-like shape clings to the active material” indicates that the material having a sheet-like shape is placed so as to cover part of the active material or stick to the surface of the active material, for example. The material having a sheet-like shape and the surface of the active material preferably have an area in which they are in surface contact with each other. Alternatively, the material having a sheet-like shape preferably covers part of the active material to make a surface contact.
[0024] In addition, the phrase “the material having a sheet-like shape clings to the active material” indicates that the material having a sheet-like shape preferably overlaps at least part of the active material. The shape of a graphene compound preferably conforms to at least part of the shape of the active material. The shape of the active material indicates, for example, unevenness of a single active material particle or unevenness formed by a plurality of active material particles. In addition, the material having a sheet-like shape preferably surrounds at least part of the active material.
[0025] The phrase “the material having a sheet-like shape clings to an object” indicates, for example, that the material having a sheet-like shape is placed so as to cover part of an object or so as to stick to the surface of an object. The material having a sheet-like shape and the surface of the object preferably have an area in which they are in surface contact with each other. Alternatively, the material having a sheet-like shape preferably covers part of the object to make a surface contact.
The broadest reasonable interpretation of this limitation is therefore determined to include contact between the graphene compound and the particle. At FIG. 1A, Oguni shows graphene particles wrapped around alloy-based negative electrode material. At [0021] Oguni discloses “Needless to say, the graphene net is also in contact with a current collector, thereby binding the current collector and the alloy-based negative electrode material particles. In that case, electricity can also be conducted between the current collector and the alloy.” Because electricity can be conducted from the current collector to the graphene net to the alloy-based negative electrode material particles, the graphene is therefore determined to cling to the active material, meeting the instant claim limitation.
Regarding the limitation “wherein at least part of a surface of the particle is terminated by a functional group containing oxygen”, Oguni at [0041] discloses the use of a carbon film containing 1 atomic % oxygen, in order to obtain a more flexible carbon film. At [0056], the graphite oxide, which is a precursor to Oguni’s graphene oxide, includes functional groups such as a hydroxyl group. At [0056] the graphene oxide is terminated with the functional group. At [0071] Oguni contemplates that “the conductivity of the carbon film (graphene nets) changes as described above; [depending on reduction amount] in addition, its flexibility, strength, and the like also change. The reduction temperature may be set in accordance with the required conductivity, flexibility, strength, and the like. In the case where the conductivity of graphene nets used as a binder is not sufficiently high, a required amount of a known conduction auxiliary agent is preferably added so as to increase the conductivity.” At [0019], the graphene film has a bag-like shape.
A person of ordinary skill would therefore understand that Oguni contemplates that if flexibility of the graphene net is desired, the graphene oxide could be partially reduced to graphene, and a conductive additive added to compensate for lost electrical conductivity and would further understand that the bag-like shape of FIG. 1A and [0019] requires flexibility.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to use graphene oxide that is not fully reduced in the electrode of Oguni, with a reasonable expectation of achieving flexibility and a bag-like shape, thus rendering obvious at least part of a surface of the particle is terminated by a functional group containing oxygen. (Examiner notes that this limitation can be met by one hydroxyl group on the surface.)
Oguni discloses at [0007-0008] that the formation of a solid electrolyte interface (SEI) is considered necessary for stabilization with a suppressed reaction, between the electrode and the electrolyte. However, the thickness is determined by a combination of the electrode and the electrolyte and therefore may become larger than necessary. Adverse effects include a decrease in efficiency and a decrease in ion conductivity. However, Oguni does not disclose wherein the graphene compound comprises a vacancy in a two-dimensional structure formed with six-membered rings of carbon, and wherein the vacancy of the graphene comprises at least one carbon atom terminated by a hydrogen atom and at least one carbon atom terminated by a fluorine atom.
Sint, in the field of (title) selective ion passage through functionalized graphene nanopores, discloses (FIG. 1) F-N terminated nanopores and H terminated nanopores. At page 16448 col. 2, the nanopores are highly selective to the size of the ion. “It turns out that the F-N-pore is only passed by the Li+, Na+, and K+ ions, while the H-pore is only passed by the Cl- and Br- ions.” At page 16449 col. 2, (emphasis added) “The ion selectivity and passage rates through these nanopores could be optimized by choosing the type of monolayer material, the size and shape of the nanopores, and the structure and number of functional ligands attached to their rim. …. Such ultrasmall molecular sieves could revolutionize dialysis, desalination, and battery technologies.”
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to modify the graphene compound of Oguni by adding the nanopores of Sint, with a reasonable expectation of successfully meeting Oguni’s need for improved ion conductivity. The person of ordinary skill would further understand that if F-N terminated nanopores allow passage of Li+ and H-pores do not allow passaged of Li+, that a combination of F-N termination and H-termination would allow a reduced rate of Li+ passage. The person of ordinary skill would therefore be motivated to optimize the number of F, N, and H ligands in the graphene compound, as suggested by Sint, in order to optimize ion selectivity and passage rates of the graphene compound of modified Oguni, with a reasonable expectation of successfully decreasing formation of the SEI.
This also meets the limitations of claim 17, wherein the graphene compound comprises a vacancy in a two-dimensional structure formed with six-membered rings of carbon. (See FIG. 1 showing a 22-membered ring which is H-terminated.)
Regarding claim 4, Oguni in view of Sint discloses all of the limitations as set forth above, and Oguni further discloses wherein the functional group is a hydroxyl group, an epoxy group, or a carboxyl group. (FIG. 9 disclosing epoxy, carboxy, and carbonyl functional groups and [0056] disclosing hydroxyl group, an epoxy group, or a carboxy group.)
Regarding claim 7, Oguni in view of Sint discloses all of the limitations as set forth above, and Oguni further discloses a secondary battery (abstract: power storage device) comprising: the electrode (abstract: a negative electrode) according to claim 1, and an electrolyte. ([0073] and FIG. 5)
Regarding claim 8, Oguni in view of Sint discloses all of the limitations as set forth above, and Oguni further discloses moving vehicle comprising the secondary battery according to claim 7. ([0091] “The power storage device of the present invention can be used in … electric vehicles.”)
Regarding claim 9, Oguni in view of Sint discloses all of the limitations as set forth above, and Oguni further discloses electronic device comprising the secondary battery according to claim 7. ([0091] “The power storage device of the present invention can be used in … personal computers, mobile phones. [0092] “specific examples of electronic and electrical devices including the power storge device of the present invention are as follows: …”)
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Oguni (US 20120308894 A1) in view of Sint, as set forth in claim 1, above, and with evidentiary support provided by The American Heritage Dictionary, definition for “pouch”. (See the PTO-892 provided a prior office action.)
Regarding claim 12, Oguni in view of Sint discloses all of the limitations as set forth above. Oguni does not explicitly disclose “wherein the graphene compound has a pouch-like shape containing the particle.” There is no special definition of a pouch-like shape found in the specification. The American Heritage Dictionary provides multiple definitions of “pouch”, which include “something resembling a bag in shape” Therefore, absent a special definition, the broadest reasonable interpretation of “wherein the graphene compound has a pouch-like shape containing the particle” includes the graphene compound wrapped at least partly around the particle.
Oguni discloses (emphasis added) [0018] “Alternatively, the graphene nets are filled with the alloy-based negative electrode material particles” and [0019] “The graphene net has a two-dimensional expansion and also includes a depression or projection, so that the graphene net partly has a bag-like shape.” FIG. 1A of Oguni (provided below) shows a graphene net that appears to wrap about ¾ of the way around the alloy-based negative electrode material, thus meeting the instant claim limitation.
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A person of ordinary skill would understand that because the graphene net of modified Oguni is described as “bag-like” and “the graphene nets are filled with the alloy-based negative electrode material particles”, then therefore Oguni’s graphene net has a pouch-like shape, meeting the instant claim limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE A RUTISER whose telephone number is (571)272-1969. The examiner can normally be reached 9:00 AM to 5:00 PM M-F.
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CLAIRE A. RUTISER
Examiner
Art Unit 1751
/C.A.R./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 8/7/2026
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