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
Applicant’s amendments filed February 27, 2026 have been entered. Claim 1 has been amended; support for the amendment can be found at least in paragraphs [0048] and [0053]. Claims 1-10 remain pending and have been examined on their merits in this office action.
Response to Arguments
Applicant’s arguments filed February 27, 2026 have been fully considered but are considered moot in view of the new grounds of rejection below in view of Applicant’s amendments to the independent claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-6, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Uchiyama et al. (WO 2018/101072 A1, citations from corresponding Published Patent Application US 2019/0319261 A1) hereinafter referred to as Uchiyama, in view of Zhang et al. (Published U.S. Patent Application US 2018/0145327 A1).
Regarding claim 1, Uchiyama teaches a negative electrode in a non-aqueous electrolyte secondary battery (“a negative electrode material for a non-aqueous electrolyte secondary battery”) (see e.g., paragraph [0001]). Uchiyama teaches the negative electrode material comprises a matrix particle 23 (“composite particles”) includes a lithium silicate phase 21 (“the composite particles each have a silicate phase”) and silicon particles 22 that are dispersed in the lithium silicate phase (“silicon phases dispersed in the silicate phase”) (see e.g., paragraph [0046]). Uchiyama teaches a conductive layer 24 is formed on the surface of the matrix particle 23 that is formed of the lithium silicate phase 21 and the silicon particles 22 (“a conductive layer disposed on a surface of each of the composite”) (see e.g., paragraph [0046]), wherein the conductive layer 24 is a carbon material (see e.g., paragraph [0042]).
Uchiyama does not explicitly teach the conductive layer contains a calcium component and the calcium component has an average particle diameter of 200 nm or less.
However, Zhang teaches an anode material having porous core-shell structure (see e.g., Abstract). Zhang teaches anode material includes a carbon shell formed from amorphous carbon (see e.g., paragraph [0019]). Zhang teaches a portion of the calcium element (including in at least one form of calcium carbonate, calcium oxalate and calcium oxide) may be reserved in the carbon shell (see e.g., paragraph [0023]) and teaches the carbon shell contains calcium element less than 0.01 wt % based on a total weight of the carbon shell (see e.g., paragraph [0023]), wherein the calcium element is sourced from calcium carbonate and/or calcium oxalate and is adhered to a surface of the carbonaceous material (see e.g., paragraph [0032]). Zhang teaches the calcium carbonate and/or calcium oxalate forms the porous structure of the carbon shell (see e.g., paragraph [0023]), and the porous structure reserves enough space for volume expansion and shrinkage of the anode material during intercalation/de-intercalation of lithium so as to avoid constantly bursting and generating of a SEI film (solid electrolyte interface film) caused by volume varies of the anode material during charging and discharging, such that a recycle performance of a battery may be improved (see e.g., paragraph [0019]). Zhang teaches the calcium carbonate and/or the calcium oxalate has a particle diameter of about 40 nanometers to 80 nanometers in order to determine the pore diameter of the carbon shell of the anode material obtained (see e.g., paragraph [0033]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the conductive layer comprising a carbon material of Uchiyama to include calcium from calcium carbonate and/or calcium oxalate with a particle diameter of about 40 nanometers to 80 nanometers in a carbon shell, as taught by Zhang, in order to form a porous structure in order to reserve enough space for volume expansion and shrinkage of the anode material during intercalation/de-intercalation of lithium so as to avoid constantly bursting and generating of a SEI film (solid electrolyte interface film) caused by volume varies of the anode material during charging and discharging, such that a recycle performance of a battery may be improved (see e.g., paragraph [0019]).
It has been held in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art,” and because the diameter of about 40 nanometers to 80 nanometers overlap with the recited range, a “prima facie” case of obviousness exists (see MPEP 2144.05(l)).
Regarding claim 2, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
Uchiyama teaches the matrix particles 23 includes a lithium silicate phase (“wherein the silicate phase includes a lithium silicate”) (see e.g., paragraph [0046]).
Regarding claim 3, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
Uchiyama teaches the lithium silicate phase is represented by the formula Li2Si2O5(x-2)SiO2 where 2<x≤18 (“wherein the lithium silicate contains Li2Si2O5 as a major component”) (see e.g., paragraph [0017]).
Regarding claim 5, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
Uchiyama, as modified by Zhang, does not explicitly teach wherein the conductive layer is formed of an amorphous carbon.
However, Zhang teaches the carbon shell contains amorphous carbon (see e.g., paragraph [0018]) in order to reserve enough space for volume expansion and shrinkage of the anode material during intercalation/de-intercalation of lithium so as to avoid constantly bursting and generating of a SEI film (solid electrolyte interface film) caused by volume varies of the anode material during charging and discharging, such that a recycle performance of a battery may be improved (see e.g., paragraph [0019]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the carbon material of the conductive layer of Uchiyama to be an amorphous carbon, as taught by Zhang, in order to reserve enough space for volume expansion and shrinkage of the anode material during intercalation/de-intercalation of lithium so as to avoid constantly bursting and generating of a SEI film (solid electrolyte interface film) caused by volume varies of the anode material during charging and discharging, such that a recycle performance of a battery may be improved (see e.g., paragraph [0019]).
Regarding claim 6, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
As previously described in claim 1, Zhang teaches the protective layer is composed calcium carbonate and/or calcium oxalate containing the metal elements Ca (“wherein the calcium component includes at least one selected from the group consisting of calcium carbonate and calcium oxide”) (see e.g., paragraph [0011]).
Regarding claim 8, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
Uchiyama, as modified by Zhang, teaches the negative electrode material has the conductive layer surrounding the matrix particle has a calcium carbonate component; therefore, when a spectrum is obtained by electron energy loss spectroscopy from the conductive layer of Uchiyama, as modified by Jie, it would have a peak derived from calcium carbonate, meeting the claim limitation of “wherein a spectrum obtained when the conductive layer is analyzed by electron energy loss spectroscopy has a peak derived from calcium carbonate.”
Regarding claim 9, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
Uchiyama, as modified by Zhang, teaches the matrix particle of the negative electrode material does not include calcium or calcium carbonate; therefore, when a spectrum is obtained by electron energy loss spectroscopy from the matrix particle of Uchiyama, as modified by Jie, it would not have a peak derived from calcium carbonate, meeting the claim limitation of “wherein a spectrum obtained when an interior of the composite particles is analyzed by electron energy loss spectroscopy does not have a speak derived from calcium carbonate.”
Regarding claim 10, Uchiyama, as modified by Zhang, teaches a non-aqueous electrolyte secondary battery (“a non-aqueous electrolyte secondary battery”) that includes, a negative electrode (“a negative electrode”), a positive electrode (“a positive electrode”), and a non-aqueous electrolyte (“a non-aqueous electrolyte”) (see e.g., Uchiyama paragraph [0067]). Uchiyama, as modified by Zhang, teaches the negative electrode includes the negative electrode material of claim 1, as previously described in claim 1.
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Uchiyama et al. (WO 2018/101072 A1, citations from corresponding Published Patent Application US 2019/0319261 A1) in view of Zhang et al. (Published U.S. Patent Application US 2018/0145327 A1), and further in view of Uchiyama et al. (WO 2019/130787 A1, citations from corresponding Published Patent Application US 2020/0350563 A1), hereinafter referred to as Uchiyama ‘563.
Regarding claim 4, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
Uchiyama, as modified by Zhang, does not explicitly teach wherein the silicate phase further contains at least one selected from the group consisting of sodium, potassium, magnesium, barium, zirconium, niobium, tantalum, vanadium, titanium, phosphorus, bismuth, zinc, tin, lead, antimony, cobalt, fluorine, tungsten, aluminum, boron, and a rare earth element.
However, Uchiyama ‘563 teaches a negative electrode active material for non-aqueous electrolyte secondary batteries (see e.g., Abstract). Uchiyama ‘563 teaches the negative electrode active material includes lithium silicate composite particles (hereinafter sometimes referred to as LSX particles) including a lithium silicate phase and silicon particles dispersed in the lithium silicate phase (see e.g., paragraph [0010]). Uchiyama ‘563 teaches the lithium silicate phase is an oxide phase including Li, Si, O, and M, wherein M is an element other than Group 1 elements of alkali metals, Group 16 elements of oxygen group, Group 18 elements of rare gas, and Si (see e.g., paragraph [0010]). Uchiyama ‘563 teaches examples of M include at least one selected from the group consisting of Ca, Mg, B, Al, Zr, Nb, Ta, La, V, Y, Ti, P, and W (“wherein the silicate phase further contains at least one selected from the group consisting of magnesium, zirconium, niobium, tantalum, vanadium, titanium, phosphorus, tungsten, boron, and a rare earth element”) (see e.g., paragraph [0013]). Uchiyama ‘563 teaches the inclusion of M increases the hardness of the lithium silicate phase and can reduce the collapse of the lithium silicate phase when forming a composite of hard silicon panicles and the lithium silicate phase, thereby the expansion and contraction of Si associated with charge-discharge cycles can be suppressed (see e.g., paragraph [0011]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the lithium silicate phase of Uchiyama, as modified by Zhang, to include at least one selected from the group consisting of Ca, Mg, B, Al, Zr, Nb, Ta, La, V, Y, Ti, P, and W, as taught by Uchiyama ‘563, in order to increase the hardness of the lithium silicate phase and can reduce the collapse of the lithium silicate phase when forming a composite of hard silicon panicles and the lithium silicate phase, thereby the expansion and contraction of Si associated with charge-discharge cycles can be suppressed (see e.g., paragraph [0011]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Uchiyama et al. (WO 2018/101072 A1, citations from corresponding Published Patent Application US 2019/0319261 A1) in view of Zhang et al. (Published U.S. Patent Application US 2018/0145327 A1), and further in view of Zhang et al. (CN 106558691 A), hereinafter referred to as Zhang ‘691.
Regarding claim 7, Uchiyama, as modified by Zhang, teaches the instantly claimed invention of claim 1, as previously described.
Uchiyama, as modified by Zhang, does not explicitly teach wherein an amount of the calcium contained in the conductive layer, relative to a mass of the composite particles, is 0.01% or more and 0.5% or less.
However, Zhang ‘691 teaches a hollow porous structure anode material for a battery (see e.g., paragraph [0002]). Zhang ‘691 teaches the anode material has a carbon shell layer (see e.g., paragraph [0008]). Zhang ‘691 teaches the carbon shell layer includes calcium carbonate particles (see e.g., paragraph [0010]) and contains less than 0.01% by weight of the calcium element based on the total weight of the negative electrode material (“wherein an amount of the calcium contained in the conductive layer, relative to a mass of the composite particles is 0.01%”) (see e.g., paragraph [0030]). Zhang ‘691 teaches the calcium content allows the material to alleviate the expansion problem to the greatest extent and maintain the stability of the structure, leading to a higher specific capacity and better cycle performance (see e.g., paragraph [0027]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the amount of calcium in the conductive layer of Uchiyama, as modified by Zhang, to be 0.01% by weight based on the total weight of the negative electrode material, as taught by Zhang ‘691, in order to alleviate the expansion problem to the greatest extent and maintain the stability of the structure, leading to a higher specific capacity and better cycle performance (see e.g., paragraph [0027]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/KATHERINE N HIGGINS/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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