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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “a secondary battery, comprising electrode active material” at the beginning of the claim.
The recitation is missing the indefinite article of “an” before the word ‘electrode’.
It is recommended to change to “a secondary battery, comprising an electrode active material”.
Appropriate correction is required.
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.
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.
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.
Claims 1, 3-9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (Dong, Caixia, et al. “Study on structural evolution, thermochemistry and electron affinity of neutral, mono- and di-anionic zirconium-doped silicon clusters ZrSin0/-/2- (N = 6–16).” International Journal of Molecular Sciences, vol. 20, no. 12, 15 June 2019, p. 2933) and further in view of Xiao (Xiao, Meng, et al. “Experimental investigations of the isothermal sections for the Ni-Si-Zr ternary system at 1023 and 1173 K.” Journal of Phase Equilibria and Diffusion, vol. 41, no. 5, 20 July 2020, pp. 615–622).
Regarding claim 1, Dong discloses a negative electrode for a secondary battery, comprising electrode active material comprising: (introduction, para. 1, [zirconium silicide … potential applications as anode materials in Li-ion batteries]), an intermetallic compound having a cage structure (pg. 3-4, Fig. 1-3 show intermetallic compounds with a cage structure), wherein the cage structure is constituted of at least one first atom located within a cage and a plurality of second atoms arranged in a cage-like form so as to surround the first atom, the first atom is a zirconium atom (pg. 3-4, Fig. 1-3 show the first atom of zirconium is surrounded by the second atoms of silicon) and the plurality of the second atoms include 8 or more and 16 or less silicon atoms (pg. 4, Table 1, second atoms range from 6 to 16).
Dong does not teach wherein the plurality of the second atoms include one or more nickel atoms.
Xiao, in the same field of endeavor, silicon based materials, teaches wherein the plurality of the second atoms include one or more nickel atoms (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]) (Tables 1 and 2 teach various Ni-Si-Zr intermetallic phases).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have included nickel within Dong’s silicon-zirconium material, as taught by Xiao, in order to form a nickel-silicon-zirconium ternary system, with improved thermal stability, when all three elements (Ni, Zr, Si) co-exist, as taught by Xiao, (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]).
Regarding claim 3, modified Dong teaches the negative electrode for a secondary battery according to claim 1, wherein the intermetallic compound has a phase represented by a general formula: ZrxNiySiz where
x = 1,
0≤y≤3, and
1≤z≤9.
(Xiao, Table 1, compound Ni2Si2Zr)
Regarding claim 4, modified Dong teaches the negative electrode for a secondary battery according to claim 1, wherein the number of the nickel atoms included in the plurality of the second atoms is 4 or more and 6 or less (Xiao, Table 2, compound Ni30Si16Zr54) (Xiao, Fig. 2 (b) shows alloy A9 represented by Ni30Si16Zr54 - and within the BSE image this alloy contains an NiSiZr phase [nickel atom is 6 or less] and a Ni16Si7Zr6 phase [nickel atom is 4 or more]).
Regarding claim 5, modified Dong discloses the negative electrode for a secondary battery according to claim 1, wherein the number of the silicon atoms included in the plurality of the second atoms is 11 or more and 13 or less (Dong, pg. 4, Table 1, second atoms range from 6 to 16).
Regarding claim 6, modified Dong teaches the negative electrode for a secondary battery according to claim 1, wherein the intermetallic compound includes at least one phase selected from the group consisting of ZrSi2 (Xiao, pg. 617, first paragraph, [the crystal structures and lattice parameters of the ternary phases [Ni-Si-Zr ternary system] were concluded in … Table 1] [Table 1: Crystal structure information for the intermetallics in the Ni-Si-Zr system: - presents one phase consisting of ZrSi2 compound]).
Modified Dong does not teach the Ni1.4Si3.6Zr intermetallic phase.
Modified Dong teaches Ni11Si31Zr8 in (Xiao, Table 1) which is similar to Ni1.4Si3.9Zr [dividing all constituents by 8].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the Ni1.4Si3.6Zr as one of the phases in Dong’s intermetallic compound. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of Americav.Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985).
Regarding claim 7, modified Dong teaches the negative electrode for a secondary battery according to claim 1.
Dong does not teach wherein an X-ray diffraction pattern of the intermetallic compound has diffraction peaks:
(1) at or around 2Θ = 35.8°
(2) at or around 2Θ = 36.8
(3) at or around 2Θ = 40.8 and
(4) at or around 2Θ = 47.9
Xiao, in the same field of endeavor, silicon based materials, teaches wherein the plurality of the second atoms include one or more nickel atoms (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]) (Tables 1 and 2 teach various Ni-Si-Zr intermetallic phases).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have included nickel within Dong’s silicon-zirconium material, as taught by Xiao, in order to form a nickel-silicon-zirconium ternary system, with improved thermal stability, when all three elements (Ni, Zr, Si) co-exist, as taught by Xiao, (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]).
Therefore, Modified Dong teaches wherein an X-ray diffraction pattern of an intermetallic compound has diffraction peaks:
(1) at or around 2Θ = 35.8° (Xiao, Fig. 3)
(2) at or around 2Θ = 36.8 (Xiao, Fig. 3)
(3) at or around 2Θ = 40.8 and (Xiao, Fig. 3)
(4) at or around 2Θ = 47.9 (Xiao, Fig. 3)
(Xiao, Fig. 3 – XRD peaks of A12 alloy Ni62Si25Zr13).
Regarding claim 8, modified Dong teaches the negative electrode for a secondary battery according to claim 1, wherein the intermetallic compound belongs to a tetragonal crystal system (Dong, pg. 4, para. 1, [the global minium is a face-capped tetragonal bipyramid for ZrSi6]).
Dong does not teach lattice constants of a and c determined by X- ray diffractometry:
3.0 A ≤ a ≤ 4.5 A
21 A ≤ c ≤ 25 A
Xiao, in the same field of endeavor, silicon based materials, teaches wherein the plurality of the second atoms include one or more nickel atoms (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]) (Tables 1 and 2 teach various Ni-Si-Zr intermetallic phases) and teaches specifically the Ni11Si31Zr8 phase which belongs to the tetragonal crystal system (Xiao, Table 1, Ni11Si31Zr8, I4/mmm) (Examiner notes that I4/mmm is a tetragonal crystal system).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have included nickel within Dong’s silicon-zirconium material, as taught by Xiao, in order to form a nickel-silicon-zirconium ternary system, with improved thermal stability, when all three elements (Ni, Zr, Si) co-exist, as taught by Xiao, (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]).
Modified Dong teaches Ni11Si31Zr8 as explained above, but does not teach the Ni1.4Si3.6Zr intermetallic phase.
Examiner notes that Ni11Si31Zr8 in (Xiao, Table 1) is equivalent to Ni1.4Si3.9Zr [dividing all constituents by 8].
Modified Dong does not teach the Ni1.4Si3.6Zr intermetallic phase.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the Ni1.4Si3.6Zr as one of the phases in Dong’s intermetallic compound. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of Americav.Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985).
Therefore, modified Dong, which uses the Ni1.4Si3.6Zr intermetallic phase, satisfies the
lattice constants of a and c determined by X- ray diffractometry:
3.0 A ≤ a ≤ 4.5 A
21 A ≤ c ≤ 25 A
Examiner notes that this compound is analogous to the compound used and measured by XRD in the instant specification (instant specification, para. 0054-0055), and that the XRD results reflect the intrinsic property of the material.
Regarding claim 9, modified Dong teaches the negative electrode for a secondary battery according to claim 1.
Dong does not teaches the X-ray diffraction pattern of the intermetallic compound a d-value of a diffraction peak given by an hkl index of 114 is 2.38 A or more and 2.5 A or less.
Xiao, in the same field of endeavor, silicon based materials, teaches wherein the plurality of the second atoms include one or more nickel atoms (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]) (Tables 1 and 2 teach various Ni-Si-Zr intermetallic phases) and teaches specifically the Ni11Si31Zr8 phase. (Xiao, Table 1, Ni11Si31Zr8, I4/mmm).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have included nickel within Dong’s silicon-zirconium material, as taught by Xiao, in order to form a nickel-silicon-zirconium ternary system, with improved thermal stability, when all three elements (Ni, Zr, Si) co-exist, as taught by Xiao, (Xiao, introduction, para. 1, [NiSi can form stable phases. Zr addition can improve the thermal stability of the Ni(Zr)Si thin-film]).
Examiner notes that Ni11Si31Zr8 in (Xiao, Table 1) is equivalent to Ni1.4Si3.9Zr [dividing all constituents by 8].
Modified Dong does not teach the Ni1.4Si3.6Zr intermetallic phase.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the Ni1.4Si3.6Zr as one of the phases in Dong’s intermetallic compound. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of Americav.Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985).
Therefore, modified Dong, which uses the Ni1.4Si3.6Zr intermetallic phase teaches a d-value of a diffraction peak given by an hkl index of 114 is 2.38 A or more and 2.5 A or less.
Examiner notes that the Ni1.4Si3.6Zr phase is analogous to the phase used and measured by XRD in the instant specification (instant specification, para. 0026), and that the XRD results reflect the intrinsic property of the material).
Regarding claim 13, modified Dong discloses the negative electrode for a secondary battery of claim 1 (see claim 1), and further teaches a secondary battery, comprising a positive electrode and an electrolyte (Dong, introduction, para. 1, [zirconium silicide … potential applications as anode materials in Li-ion batteries]).
Examiner recognizes that a positive electrode and electrolyte would be included within the Li-ion battery.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (Dong, Caixia, et al. “Study on structural evolution, thermochemistry and electron affinity of neutral, mono- and di-anionic zirconium-doped silicon clusters ZrSin0/-/2- (N = 6–16).” International Journal of Molecular Sciences, vol. 20, no. 12, 15 June 2019, p. 2933) in view of Xiao (Xiao, Meng, et al. “Experimental investigations of the isothermal sections for the Ni-Si-Zr ternary system at 1023 and 1173 K.” Journal of Phase Equilibria and Diffusion, vol. 41, no. 5, 20 July 2020, pp. 615–622), as applied to claims 1, 3-9, and 13 above, and further in view of the machine translation of Yuta (JP 2020126835 A).
Regarding claim 10, modified Dong teaches the negative electrode for a secondary battery according to claim 1.
Dong does not teach wherein the intermetallic compound contains an atom Me different from any of Zr, Ni, and Si, and the atom Me includes at least Fe.
Yuta, in the same field of endeavor, zirconium silicides, teaches wherein the intermetallic compound contains an atom Me different from any of Zr, Ni, and Si, and the atom Me includes at least Fe (Yuta, para. 18, active material made of an Si-Zr-Sn-X phase, X consisting of Fe and Ni).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have incorporated a metal such as Fe and Ni into Dong’s intermetallic compound, as taught by Yuta, in order to secure a diffusion path for lithium ions, as taught by Yuta, (Yuta, para. 11, [an element from the group consisting of Fe and Ni has a higher Li ion diffusivity than a Si-Zr compound, and therefore is contained in alloy particles. By dispersing the Sn-X compound together with the Si-Zr compound, it becomes easy to secure a diffusion path for Li ions]).
Regarding claim 11, modified Dong teaches the negative electrode for a secondary battery according to claim 10, wherein an Fe content in the intermetallic compound is 2 mass % or less (Yuta, para. 9, 0.1 – 18% by mass).
Regarding claim 12, modified Dong teaches the negative electrode for a secondary battery according to claim 10 . wherein an Fe content in the intermetallic compound is 0.001 mass % or more (Yuta, para. 9, 0.1 – 18% by mass).
Other Pertinent Art
Wang, C.P., Hu, Y., Yang, S.Y. et al. Experimental Investigation of Phase Equilibria in the Fe-Si-Zr Ternary System. J. Phase Equilib. Diffus. 34, 277–288 (2013).
Response to Arguments
Applicant's arguments filed 6/4/2024 have been fully considered but they are not persuasive.
The amendment of claim 1 has overcome the previous 35 U.S.C. 112(b) rejection.
The rejection of Dong in view of Xiao does not lead to features of a negative electrode.
The primary reference of Dong teaches a material to be used as an anode and Xiao teaches on silicon based materials that further modifies Dong’s negative electrode.
The technical concept of Xiao involves adding Zr to a Ni-Si system, which is different from adding Ni to a Zr-Si system in the present invention.
Whether Zr is added to a Ni-Si system or Ni is added to a Zr-Si system, both methods result in a tertiary phase system that includes Si, Ni, and Zr. In reference to Fig. 4 (a) and (b) of Xiao, the figures list four Ni-Si-Zr compounds on the top right-hand corner and shows the starting point of the compounds along the boundaries of the phase equilibria triangle. The right side of the triangle displays various Zr-Si phase systems and by the addition of Ni along the solid lines, leads to compounds 1 and 4 which represent a Ni-Si-Zr ternary phase system.
Fig. 4(a) and (b) of Xiao shows that modifying a Zr-Si system by the addition of Ni is not a novel concept.
Neither reference has direct relevance to the technical concept of battery negative electrode design.
The primary reference of Dong teaches a material to be used as an anode and Xiao teaches on silicon based materials that further modifies Dong’s negative electrode.
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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/V.G./Examiner, Art Unit 1721
/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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