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 Arguments
This Office Action is responsive to the arguments filed on 12/2/2025. Claim 2 is canceled. Claims 1, 3-5, 7-14 are pending. Claims 9-13 are withdrawn from further consideration as being drawn to a non-elected invention, in accordance with 37 CFR 1.142(b). Claim 1 is amended. Applicant’s arguments have been considered. Claims 1, 3-5, 8, 14 are finally rejected for reasons below.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-5, 7, 8, 14 are 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 1 recites “doped with magnesium”. It is unclear as to what is the relationship between “doped with magnesium” and “magnesium hydroxide”.
Also in claim 1, 2nd to the last line, the recitation “magnesium hydroxide” lacks antecedent basis.
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.
Claims 1, 3-5, 7, 8, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2020/0274147) in view of Hirose (US 2018/0175377).
Regarding claim 1, Lee discloses an anode active material for a lithium secondary battery comprising:
a silicon oxide which comprises a carbon coating layer formed on a surface thereof [0083], and is doped with magnesium [0081],
Regarding claim 3, wherein a content of the doped magnesium is 7 to 17% by weight based on the total weight of the silicon oxide [0081].
Regarding claim 5, wherein the silicon oxide is SiOx (0 < x < 2) [0081].
Regarding claim 8, wherein the carbon of the coating layer comprises amorphous carbon, carbon nanofibers, carbon nanotubes, graphite, graphene, graphene oxide, reduced graphene oxide, or a mixture thereof [0083].
Regarding claim 1, wherein the silicon oxide has a silicon crystal average particle diameter of 20 nm or less, and regarding claim 7, wherein the silicon oxide has a silicon crystal average particle diameter of 0.1 nm to 20 nm, the instant Specification states:
In some embodiments, the coating of the coating layer may be formed by thermally treating the organic material on the surface of the silicon oxide by chemical vapor deposition (CVD) at 800°C to 1,000°C under an atmosphere of gas and/or vapor. At this time, when the process temperature is less than 800°C, crystallization of carbon on the surface of the silicon oxide may not be sufficiently performed. In addition, when the process temperature exceeds 1,000°C, the silicon crystal particle diameter of the silicon oxide is increased to 20 nm or more, and thereby life-span characteristics of the secondary battery may be reduced. (emphasis added) Page 12
The heat treatments of Lee are performed at 950 C and 850 C [0081, 0083]. Hence, Lee meets the limitations of claims 1 and 7.
Regarding claim 4, wherein a carbon content in the coating layer is 3 to 12% by weight based on the total weight of the silicon oxide, example 1 discloses 15 wt% [0081]. The linear conductive material may be present in an amount of 1 to 30, particularly 3 to 15 parts by weight based on 100 parts by weight of the doped silicon oxide. When the above range is satisfied, it is possible to establish sufficient electrical connection between adjacent particles and minimize side reactions with an electrolyte solution, thereby preventing the reduction in initial efficiency and life characteristics [0039]. The carbon-based binder may be present in an amount of 1 to 30, particularly 3 to 15 parts by weight based on 100 parts by weight of the doped silicon oxide. When the above range is satisfied, it is possible to give sufficient bondability and conductivity and prevent the initial efficiency reduction [0043]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the amount of carbon coating on the silicon oxide particles for the benefit of establishing sufficient electrical connection between adjacent particles and minimize side reactions with an electrolyte solution, thereby preventing the reduction in initial efficiency and life characteristics.
Regarding claim 1, Lee does not disclose wherein the anode active material comprises magnesium hydroxide on a surface, and a content of magnesium hydroxide remaining on the surface is less than 0.05% by weight based on a total weight of the silicon oxide, Hirose teaches negative active material particles containing silicon compound having a carbon coating, and a composite layer containing metal oxide and a metal hydroxide [0029], for example, magnesium oxide and magnesium hydroxide [0031]. These negative electrode active material, having a composite layer that contains a composite composed of amorphous metal oxide and metal hydroxide on the outermost, surface of the silicon-based active material particles, has high wetter repellency in an aqueous slurry. The aqueous slurry containing a silicon oxide modified by insertion and extraction of Li have been unsuitable for mass production previously, since it changes with time to generate gas. In the present, invention, however, the silicon-based active material particles have the above composite layer, thereby being hard to generate gas due to the change of slurry over time. This can give stable coating film and secure the integrity [0070]. Lee discloses of making a slurry using water [0086].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add a layer of magnesium oxide and magnesium hydroxide to the anode active material of Lee, as taught by Hirose, for the benefit of stabilizing Lee’s active material slurry.
Hirose teaches that the battery performances were improved remarkably when the metal oxide and hydroxide layer had a thickness of 5 nm or less [0168]. Hirose clearly teaches that the magnesium oxide and magnesium hydroxide are result effective variables. It has been held by the courts that discovering an optimum value or workable ranges of a result-effective variable involves only routine skill in the art, and thus not novel. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). See MPEP 2144.05.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the amount of magnesium oxide and magnesium hydroxide for the benefit of reducing gas generation and having good battery performances.
Regarding claim 14, Lee modified by Hirose teaches a lithium secondary battery comprising:
a cathode; and
an anode which comprises the anode active material for a lithium secondary battery according to claim 1.
Response to Arguments
Arguments dated 12/2/2025 are moot in view of the new grounds of rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751