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 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.
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 1-8, 10, 11, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hirose et al. (hereinafter “Hirose”) (U.S. Pub. No. 2018/0261833 A1) in view of Zhong et al. (hereinafter “Zhong”) (CN 109638231 A; see English machine translation).
Regarding claims 1 and 3, Hirose teaches a negative electrode active containing particles of silicon-based active material having a silicon compound of the formula SiOx, where 0.5≤x≤1.6, in which a Li compound is contained. Further, the negative electrode active material is provided with a carbon coating formed on at least a part of a surface of the silicon compound (see paragraph 59).
Hirose is silent as to SiOy present in a form of a coating layer on at least part of the surface of the silicon-containing composite particle.
Zhong teaches a silicon suboxide composite anode material comprising a core, and a first shell and a second shell formed sequentially from the core outward (see paragraph 39). The core comprises a first silicon suboxide powder SiOx (see paragraph 36). The first shell comprises a second silicon suboxide powder SiOy having a greater oxygen content, 1.5≤y≤2.0, than the first silicon suboxide powder (present in a form of a coating layer between the surface of the silicon-containing composite particles and the carbon coating layer) (see paragraph 37). The second shell covers the first shell and comprises a conductive carbon (see paragraph 37). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the SiOy shell of Zhong between the particles of silicon-based active material and the carbon coating of Hirose because Zhong teaches that two shells effectively prevent direct contact between the silicon suboxide and the electrolyte, and also effectively buffer the expansion/contraction of the core during charging and discharging, ensuring the stability of the silicon suboxide composite anode material structure (see paragraph 45).
Regarding claim 2, although Hirose and Zhong are silent as to the claimed X-ray photoelectron spectroscopy peak, the negative electrode active material of Hirose as modified by Zhong is substantially identical in structure and composition to the claimed negative electrode active material. As such, one of ordinary skill in the art would expect the modified negative electrode active material of Hirose and Zhong to exhibit the claimed X-ray photoelectron spectroscopy peak. It has been held by the courts that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (see MPEP § 2112.01).
Regarding claim 4, Zhong teaches that in the silicon suboxide composite anode material, SiOy accounts for 2% to 6% of the mass of the silicon suboxide composite anode material (see paragraph 41).
Regarding claim 5, Hirose teaches that carbon-coated silicon oxide particles may be agitated in an aqueous solution saturated with the lithium carbonate (lithium by-product) (see paragraphs 170, 171 and 173).
Regarding claim 6, Hirose teaches that after being agitated in an aqueous solution saturated with the lithium carbonate, the carbon-coated silicon oxide particles are subjected to a cleansing treatment (see paragraph 173). As such, one of ordinary skill in the art would expect only trace amounts of the lithium carbonate to be present on the surface of the carbon-coated silicon oxide particles.
Regarding claim 8, although Hirose and Zhong are silent as to the claimed NMR measurements, the negative electrode active material of Hirose as modified by Zhong is substantially identical in structure and composition to the claimed negative electrode active material. As such, one of ordinary skill in the art would expect the modified negative electrode active material of Hirose and Zhong to exhibit the claimed NMR measurements. It has been held by the courts that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (see MPEP § 2112.01).
Regarding claim 10, Hirose teaches an exemplary negative electrode active material comprising LiH powder of a mass corresponding to 4% by mass of the particles of silicon oxide.
Regarding claim 11, Hirose teaches exemplary negative electrode active materials may comprise the carbon coating at a rate 5% by mass relative to a total of the silicon compound and the carbon coating (see paragraph 157).
Regarding claims 13 and 14, Hirose teaches that the negative electrode active material may be contained in the negative electrode of a secondary battery (see paragraph 63).
Allowable Subject Matter
Claims 9 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
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/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727