DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 06/15/2023
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed 06/15/2023 and 05/28/2025 have been placed in the application file and the information referred to therein has been considered.
Drawings
The drawings received 06/15/2023 are acceptable for examination purposes.
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 10 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 10 which depends from claim 9, recites the limitation a lithium ion secondary" in preamble. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1, 3, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US 2005/0266314 to Sheem (Sheem) in view of RU 2255305 to Knat’ko (Knat’ko, machine translation).
Regarding claim 1, Sheem discloses a lithium-ion secondary-battery negative electrode material (claim 1), consisting of graphite particles (claim 12) having a specific surface area of from 2.0 m2/g to 4.0 m2/g or less having a compression pressure from 15 MPA to 45 MPa (1.45 kN/cm2 to 4.5 kN/cm2 ). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. MPEP 2144.05. Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to optimize the specific surface area and compression of the graphite particles of Sheem based on range discloses by Sheem in order to provide an electrode plate having a high density and a good compression strength of the particle, a negative electrode, and a lithium secondary battery comprising the same. Sheem does not expressly disclose wherein having a value, representing elastic energy/plastic deformation energy, or 4 or more.
Khat’ko teaches a device for damping a shock wave, wherein the damping material is graphite particles, wherein a mechanical energy of the shock transforms into the mechanical energy of deformation (plastic or elastic) without changing the internal (molecular and supramolecular) structure of the energy-absorbing substance. , it would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to optimize a deformation (plastic and elastic) energy in order to prevent the negative electrode active material from distraction.
Alternatively, since Sheem discloses graphite particles substantially similar to that for the instant Application (see above and also density (para 23 and shape and orientation (claim 1)), the claimed property is inherently present. MPEP 2112 V states that "once a reference teaching product appearing to be substantially identical is made the basis of a rejection, and the Examiner presents evidence or reasoning tending to show inherency, the burden shifts to the Applicant to show an unobvious difference."
Alternatively since the criticality of the graphite particles having a value, representing elastic energy/plastic deformation energy, or 4 or more- a position claimed by Applicant is not supported by any showing of criticality of such placement in the instant specification, nor did Applicant stated that such placement serves any specific purpose or performs any specific function other that the function disclosed in Sheem it would have been obvious top those skilled in the art at the time the invention was made to optimize said property of the graphite particles of Sheem as an obvious design choice, and as such it does not impact the patentability of claim 1.
Regarding claim 3, modified Sheem discloses wherein the graphite particles comprise composite particles having a configuration in which plural flat graphite particles are layered (Sheem, para 56).
Regarding claim 9, modified Sheem discloses a lithium-ion secondary-battery negative electrode (Sheem claim 19).
Regarding claim 10, modified Sheem discloses lithium ion secondary battery, comprising the lithium-ion secondary-battery negative electrode according to claim 9, a positive electrode, and an electrolyte (Sheem, claim 37).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US 2005/0266314 to Sheem in view of RU 2255305 to Knat’ko (Knat’ko, machine translation) and further in view of US 20170200950 to Gulas (Gulas).
Regarding claim 2, modified Sheem discloses the invention as discussed above as applied to claim 1 and incorporated therein. Modified Sheem does not expressly disclose wherein negative electrode material has a spring-back ratio of 25% or more.
Gulas teaches a negative electrode active material comprising graphite particles (para 13, 148) having a spring-back ratio of about 15% to about 75% (claim 3) and exhibit favorable spring-back properties, which inter alia allows to produce electrode materials being less dense, thereby allowing for better Li-ion diffusion which in turn results in a high rate of discharge (para 18). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. MPEP 2144.05. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the negative electrode active material of modified Sheem with a spring-back ratio based on range taught by Gulas in order to produce electrode materials being less dense, thereby allowing for better Li-ion diffusion which in turn results in a high rate of discharge (para 18).
Claims 4, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over SU 1149880 to Kiesige (Kiesige, machine translation) and in view of US 4,521,278 to Kelley (Kelley).
Regarding claim 4, Kiesige discloses a method for the production a coke as a material for high quality graphite electrodes, the method comprising a step of calcination at 1400 oC , which provides high quality graphite material having thermal
PNG
media_image1.png
10
8
media_image1.png
Greyscale
expansion coefficient in the range from 1 x10 -6/ oC to 1.2 x10 -6/ oC which read on claimed value less than 1.2 x10 -6/ oC (Table 1). It is noted that a specific example in the prior art which is within a claimed range anticipates the range. See MPEP 2131.03. Kiesige does not expressly disclose an electrode material having a Hardgrove Grindability Index (HGI) of 47 or less after calcination at 12000C.
Kelly teaches method producing needle coke suitable heavy (col.8 , ln 12-15) duty graphite electrodes including a step of calcinating at the temperature above 2000 F (reads on claimed 1200 oC (Abstract) providing the electrode material with HGI below 70 (reads on claimed below 47), specifically 42 (Table 2). It is noted that a specific example in the prior art which is within a claimed range anticipates the range. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to optimize the method of Kiesige with the calcination step of Kelly, in order to obtain improved material for graphite electrode.
Regarding claim 5, modified Kiesige discloses the invention as discussed above as applied to claim 4 and incorporated therein. Since no extra manipulation’s steps provided, the coke inherently has a butanol specific gravity 2.05 or more after calcination.
Regarding claim 7, modified Kiesige discloses the invention as discussed above as applied to claim 4 and incorporated therein. Since no additional manipulation’s steps provided, the coke inherently has a pore specific surface area of 3.0 m2/g or less. MPEP 2112 V states that "once a reference teaching product appearing to be substantially identical is made the basis of a rejection, and the Examiner presents evidence or reasoning tending to show inherency, the burden shifts to the Applicant to show an unobvious difference."
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over SU 1149880 to Kiesige in view of US 4,521,27 to Kelley and further in view of JPS6033208 to Iwase (Iwasa, machine translation).
Regarding claim 6, modified Kiesige discloses the invention as discussed above as applied to claim 4 and incorporated therein. Kiesige does not expressly disclose wherein the coke has a pore volume of 0.90 mL/g or less.
Iwasa teaches a method for improving graphitization conditions during the production of artificial graphite electrodes, the method comprising a heat treatment, including graphitization step, providing a graphite electrode material having pore volume below 0.90 mL/g (Table 1), providing the electrode material with reduced puffing. It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Kiesige with the step of reducing pore volume as taught by Iwasa in order to reduce the puffing of the electrode material.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over view of SU 1149880 to Kiesige and in view of 4,521,27 to Kelley and further in view of US 2005/0266314 to Sheem.
Regarding claim 8, modified Kiesige discloses the invention as discussed above as applied to claim 4 and incorporated therein. In addition, Kiesige discloses providing a material for high quality graphite electrodes. Modified, Kiesige does not expressly disclose a step of manufacturing a lithium ion battery.
Sheem teaches a negative electrode for a lithium secondary battery of the present invention includes a negative active material including a plate-shaped carbon powder particle (claim 34) and the lithium secondary battery comprising the same., therefore a step of manufacturing of the battery is disclosed by Sheem (para 49). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to include the step of manufacturing of the lithium battery using the negative electrode active material of modified Kiesige in order to obtain the lithium battery comprising the negative electrode having high quality active material.
Regarding the limitation: “the lithium-ion secondary-battery negative electrode material consisting of graphite particles satisfying the following (1) to (3'):(1) having a specific surface area of2.7 m2/g or less;(2) having a compression pressure of2.8 kN/cm2 or more; and(3) having a value, representing elastic energy/plastic deformation energy, or 4 or more” : since the negative electrode of the lithium battery prepared by the method of modified Kiesige, claimed properties are inherently present.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER USYATINSKY whose telephone number is (571)270-7703. The examiner can normally be reached IFP.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Alexander Usyatinsky/Primary Examiner, Art Unit 1751