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 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.
Claim 13 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 13 recites the limitation "the non-Si hydrogen storage material" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “the non-Si hydrogen storage material” is the same as the “one or more group 14 elements” recited in in claim 1 or an additional and separate non-Si material.
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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al. US 2016/0329560 in view of Katsunori et al. WO2012056557.
With respect to claim 1, Young et al. discloses a proton-conducting rechargeable battery [0011] comprising:
a cathode comprising a cathode electrochemically active material capable of storing and releasing hydrogen [0006-0012];
an anode, the anode comprising an anode electrochemically active material comprising one or more group 14 elements (SiC), [0018-0026] the anode electrochemically active material is associated by a binder [0034-0036], wherein a microstructure of the anode electrochemically active material is polycrystalline, a mixture of nanocrystalline and amorphous, or a combination of polycrystalline, nanocrystalline and amorphous [0023-0030]; and
a non-aqueous electrolyte in between the anode and the cathode [0006-0007; 0119];
wherein a discharge capacity of the rechargeable battery is above 800 mAh/g of the anode electrochemically active material above 1 Volt. [0123; 0155; 0185]
Young et al. discloses the conductive materials in the negative electrode being in a powder form [0036] and wherein the positive electrode active material is a powder form. [0056]
Young et al. does not disclose wherein the anode electrochemically active material in the powder form
Katsunori et al. discloses a proton-conducting rechargeable battery [abstract] comprising:
a cathode comprising a cathode electrochemically active material capable of storing and releasing hydrogen [0043-0053];
an anode, the anode comprising an anode electrochemically active material comprising one or more group 14 elements, [0060-0068] the anode electrochemically active material in the powder form and associated by a binder [0055-0056].
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the anode electrochemically active material in Young et al., to be in the powder form, as disclosed in Katsunori et al., in order to make it easier to increase the reaction area, and to produce a high-performance non-aqueous secondary battery.
With respect to claim 2, Young et al. discloses wherein the anode electrochemically active material comprises two or more group 14 elements (silicon with one or more of carbon, germanium and tin). [0026]
With respect to claim 3, Young et al. discloses wherein the anode electrochemically active material comprises Si. [0018-0026]
With respect to claim 4, Young et al. discloses wherein the anode electrochemically active material comprises Si and one or more non-Si group 14 elements (silicon with one or more of carbon, germanium and tin). [0026]
With respect to claim 5, Young et al. discloses wherein the one or more non-Si group 14 elements is C, Ge, or combinations thereof. [0026]
With respect to claim 6, Young et al. discloses wherein the amount of non-Si group 14 elements (Carbon) is 50 atomic percent or less relative (5%-90% for Si1-xCx if X is from 0.01-0.95) to the total group 14 elements in the anode electrochemically active material. [0026]
With respect to claim 7, Young et al. discloses wherein the discharge capacity of the rechargeable battery is above 1000 mAh/g of anode electrochemically active material above 1 Volt vs. Ni(OH)2 cathode. [0183; 0186]
With respect to claim 8, Young et al. discloses wherein the maximum discharge capacity of the rechargeable battery is above 3500 mAh/g of anode electrochemically active material. [0187]
With respect to claim 9, Young et al. discloses wherein the electrolyte comprises one or more aprotic compounds and acid(s) as proton source. [0064]
With respect to claim 10, Young et al. discloses wherein the aprotic compounds comprise 1,2,4-trimethylpyrazolium. [0084;0100]
With respect to claim 11, Young et al. discloses wherein the electrolyte further comprises an additive, the additive comprising potassium, acetic acid, or combinations thereof. [0093; 0097; 0101]
With respect to claim 12, Young et al. discloses wherein the additive is a salt additive comprising phosphate, carbonate, or sulfate of potassium. [0106]
With respect to claim 13, Young et al. discloses wherein the anode electrochemically active material further comprises one or more non-group 14 (Carbon) element containing hydrogen storage materials, wherein the non-Si hydrogen storage materials are present at 50 weight percent or less. (5%-90% for Si1-xCx if X is from 0.01-0.95) [0026]
With respect to claim 14, Young et al. discloses wherein the cathode electrochemically active material comprises Sc, Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Y, Zr, Nb, Mo, Tc, Ru, Rh, Pd, Ag, Cd, Lu, Hf, Ta, W, Re, Os, Ir, Pt, Au, a hydride thereof, an oxide thereof, a hydroxide thereof, or an oxyhydroxide thereof. [0057-0060]
With respect to claim 15, Young et al. discloses wherein the cathode electrochemically active material comprises Ni. [0056-0060]
With respect to claim 16, Young et al. discloses wherein the cathode electrochemically active material comprises Ni at greater than or equal to 10 atomic percent relative to all metals in the cathode electrochemically active material. [0056-0060]
With respect to claim 17, Young et al. discloses wherein Ni is present at equal to or greater than 80 atomic percent, in the metallic content of the cathode electrochemically active material. [0056]
With respect to claim 18, Young et al. discloses wherein the cathode electrochemically active material comprises a hydroxide of Ni, Co, Mn, Zn, Al, or combinations thereof. [0056-0060]
Conclusion
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/KIRAN QURAISHI AKHTAR/ Primary Examiner, Art Unit 1751