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 .
Election/Restrictions
Applicant’s election without traverse of Group I (i.e., claims 1-8) in the reply filed on 04/10/26 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/02/23, 02/12/26 and 05/04/26 was considered by the examiner.
Drawings
The drawings were received on 08/02/23.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7-8 are rejected under 35 U.S.C. 102a1 as being anticipated by the publication CN 107834070 (herein CN’070).
As to claims 1, 3-4:
CN’070 discloses that it is known in the art to make an electrode material/composition for an electrochemical cell, comprising an active material capable of releasing Li including an ionic material/compound containing a moiety (chemical species) chemically bonded to the active material, an organic cation/ion, and a counter anion/ion wherein the organic cation includes ammonium, imidazolium, pyridinium, pyrrolidinium, and sulfonium; and the anion includes PF6-, BF4-, N(SO2CF3)2-, N(SO2F)2, and bis-oxalateborate (0004-0006; 0025-0028; 0030-0033; 0046-0049; see Example 1).
As to claims 2:
CN’070 discloses that the amount of the ionic compound ranges from 0.2-1.8 weight % (0004-0006; 0025-0028; 0030-0033; 0046-0049; see Example 1).
As to claim 5:
As to the limitation “the bonding moiety is derived from a hydrolysable silyl group”, it is noted that the final composition of the claimed product does not necessarily require the hydrolysable silyl group per se. In this respect, it is noted that the limitation “the bonding moiety is derived from a hydrolysable silyl group” is being construed as product-by-process limitation/claim, and that the product itself does not depend on the process of making it. Accordingly, in a product-by-process claim, the patentability of a product does not depend on its method of production. In that, it is further noted that the product in the instant claims is the same as or obvious over the product of the prior art. In re Thorpe 777 F.2d 695, 698, 227 USPQ 964,966 (Fed Cir. 1985) and MPEP 2113. As a result, the process steps of a product-by-process claim do not impart any significant property or structure to the claimed end product. And, if there is any difference, the difference would have been minor and obvious. Therefore, the present claims are unpatentable over a reference that satisfies the claimed compositional or physical or property or structural limitations, and/or a reference that discloses a product made by a process that reasonably substantially comprises every limitation of the claimed process. In re Brown, 459 F.2d 531, 535, 173 USPQ 685, 688 (CCPA 1972) and In re Fessmann, 489 F.2d 742, 744 180 USPQ 324, 326 (CCPA 1974);See also In re Best, 195 USPQ 430 (CCPA 1977) [prove that prior art products do not necessarily or inherently possess characteristics] & Ex parte Gray, 10 USPQ2d 1922 (BPAI 1989) [needs to show that the claimed process imparts unexpected property or structure](Refer to MPEP 2113: Product-by-Process Claims).
As to claims 7-8:
CN’070 discloses the active material includes a layered Li-oxide material having the formula LiNixM1-xO2 where x ranges from 0.1-0.5, and M may be Al, Mn and/or Co (0004-0006; 0025-0028; 0030-0033; 0046-0049; see Example 1).
Thus, the present claims are anticipated.
(at least) Claims 1 and 6 are rejected under 35 U.S.C. 102a1 as being anticipated by Roev et al 2016/0079590.
As to claims 1, 6:
Roev et al disclose that it is known in the art to make an electrode material/composition for an electrochemical cell, comprising an active material capable of releasing Li including an ionic material/compound containing a moiety (chemical species) chemically bonded to the active material, an organic cation/ion, and a counter anion/ion wherein the content of silicon ranges from 0.01-0.25 weight % (Abstract; 0040-0047; 0105-0120; 0126-0132; see Figure 1).
Thus, the present claims are anticipated.
Conclusion
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
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