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 § 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim s 1-6 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Yun et al., US 20110229770 A1. Regarding Claim 1 , Yun discloses a non-aqueous secondary battery (rechargeable lithium battery 100 with non-aqueous solvent [0050-0057], Fig. 1) , comprising: a positive electrode (positive electrode 114 [0057], Fig. 1) including a lithium-transition metal composite oxide containing at least nickel as a transition metal (positive active material may include a composite oxide , see formulas including Ni [0060-0063]) ; a negative electrode (negative electrode 11 2 [0057], Fig. 1) including a silicon-containing material (negative active material may include a Si—Y alloy where Y is an element being an alkali metal, an alkaline-earth metal, a group 13 element, a group 14 element, a transition element, a rare earth element, or a combination thereof, and is not Si [0066-0073]) ; a separator interposed between the positive electrode and the negative electrode ( separator 113 interposed between the negative electrode 112 and the positive electrode 114 [0057], Fig. 1) ; and a liquid electrolyte (electrolyte solution [0038-0054 , 0079-00 93 , Tables 1-5 ) , wherein the liquid electrolyte contains a sultone compound ( a cylclic sulfate , may be 1,3-propane sultone or 1,3-propene sultone [0008-0011]) and a nitrile compound ( nitrile-based compound may b e succinonitrile , glutaronitrile, adiponitrile, pimelonitrile , suberonitrile , or a combination thereof [0012]). Regarding the claimed range of “ 1 ≤ A/B ≤ 10 , where a concentration of the sultone compound in the liquid electrolyte is A mass%, and a concentration of the nitrile compound in the liquid electrolyte is B mass% ,” Yun discloses numerous electrolyte compositions covering the claimed range of 1.0 (Examples 1-4, 11, and 12) to 10 (Example 5). See Examiner’s calculated A/B values using the wt % of the sultone compound “A” ( 1,3-propane sultone ) and the wt % of the nitrile compound “B” ( succinonitrile ) , based on the total weight of the electrolyte solution: Example "A" 1,3-propane sultone ( wt %) "B" s uccinonitrile ( wt %) A/B 1 1 1 1.0 2 1 1 1.0 3 1 1 1.0 4 1 1 1.0 5 1 0.1 10.0 6 1 0.5 2.0 7 1 3 0.3 8 1 5 0.2 9 1 7 0.1 10 1 10 0.1 11 1 1 1.0 12 1 1 1.0 13 0.1 1 0.1 14 0.5 1 0.5 15 3 1 3.0 Examiner’s calculated A/B Values, Summary of Yun Tables 1-5 Regarding Claim 2 , Yun discloses all limitations as set forth above. Yun discloses a liquid electrolyte composition within the claimed range of “2 ≤ A/B ≤ 5” ( see Example s 6 and 15; Table s 3 and 5 ) . Regarding Claim 3 , Yun discloses all limitations as set forth above. Yun discloses a liquid electrolyte composition within the claimed range s of “ 0.01 ≤ A ≤ 1. 5” and “ 0.01 ≤ B ≤ 1 ” (see Example s 1-6, 11, and 12; Tables 1-4). Regarding Claim 4 , Yun discloses all limitations as set forth above. Yun discloses the sultone compound has an unsaturated bond ( 1,3-propane sultone or 1,3-propene sultone [0008-0011]; consistent with [0020-0031] of instant specification). Regarding Claim 5 , Yun discloses all limitations as set forth above. Yun discloses the nitrile compound is at least one selected from the group consisting of a mononitrile compound and a dinitrile compound, and the mononitrile compound has no hydrogen at an a-position of the nitrile group ( succinonitrile , glutaronitrile, adiponitrile, pimelonitrile , suberonitrile , or a combination thereo f [0012]; consistent with [0032-0036] of instant specification) . Regarding Claim 6 , Yun discloses all limitations as set forth above. Yun discloses the liquid electrolyte further contains fluoroethylene carbonate ( electrolyte comprises fluoroethylene carbonate [0008] ) , and in the liquid electrolyte, a concentration of the fluoroethylene carbonate is 5 mass% or more and 20 mass% or less ( t he fluoroethylene carbonate may be included in an amount of about 1 to about 7 wt % based on the total weight of the electrolyte solution [0013, 0038-0039], Tables 1-5 ) . 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 . 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 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yun as applied to Claim 1 above, and further in view of Honda et al., US 20160336593 A1. Regarding Claim s 7 and 8 , Yun discloses all limitations as set forth above. Yun discloses the silicon-containing material includes a lithium-ion conductive phase (the material that reversibly intercalates/ deintercalates lithium ions may include carbon materials [0070]) , and a silicon phase ( a Si— Y alloy , where Y is an element, the element being an alkali metal, an alkaline-earth metal, a group 13 element, a group 14 element, a transition element, a rare earth element, or a combination thereof, and is not Si [0072]). Yun does not disclose the silicon phase is “ dispersed in the lithium-ion conductive phase ,” and also does not disclose the claimed range of “ 1 ≤ D/C ≤ 1.9 is satisfied, where a content of the silicon phase in the silicon-containing material is C mass%, and a content of nickel relative to all metals other than lithium contained in the lithium-transition metal composite oxide is D mol% ” (Claim 7). Yun therefore also does not disclose “ 1.5 ≤ D/C ≤ 1.9 ” (Claim 8). However, these limitations are taught by Honda . Honda teaches a positive electrode for a secondary battery , wherein the positive electrode layer comprises an active material including nickel ( Positive Electrode Composition s C1 and C8 : Li 1.5 [Ni 0.45 Mn 0.85 [Li] 0.20 ]O 3 [0152-0165 , 0208 ]). Honda teaches the secondary battery further comprises a Si-containing alloy dispersed among a carbon material in a negative electrode layer mixture (Negative Electrode Composition A1 : 1.38 parts by weight of a Si-containing alloy Si 29 Ti 62 Ge 9 is mixed with 7.82 parts by weight of a carbon material [0081-0095, 0174-0184]). Honda demonstrates favorable battery capacity retention rates when the Negative Electrode Composition A1 is combined with Positive Electrode Compositions C1 or C8 [01 85-0200, 0257-0267 ] , Table 3). Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to use Positive Electrode Composition C1 or C8 as the lithium transition metal composite oxide of Yun, and also use the Negative Electrode Composition A1 as the Si-containing alloy and a carbon material of Yun, in the battery of Yun, as Honda teaches the combination of C1/A1 and C8/A1 produces a battery with excellent capacity retention rates. Examiner notes C1 /A1 and C8/A1 both comprise “D” values of 45 and “C” values of 29, resulting in a “D/C” value of 1.55 (45/29 = 1.55), which is within the ranges recited in Claims 7 and 8. Honda – Table 3 Regarding Claim 9 , modified Yun discloses all limitations as set forth above. Modified Yun discloses the lithium-transition metal composite oxide (Honda, C1 or C8 ) further contains at least one selected from the group consisting of Co, Mn, and Al ( Honda, C1 and C8 each comprise Mn, see Li 1.5 [Ni 0.45 Mn 0.85 [Li] 0.20 ]O 3 [ 0152-0165, 0209 ]; C1 further comprises Al in an Al 2 O 3 coating [0165] ). Regarding the limitation “ 0 ≤ E/C ≤ 0.1 is satisfied, where a content of cobalt relative to all metals other than lithium contained in the lithium- transition metal composite oxide is E mol% ,” cobalt is an optional constituent of the claimed lithium-transition metal composite oxide . Therefore, the “E/C” limitation is not applicable to all lithium-transition metal composite oxide s permitted by Claim 9. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BETHANY C GARCIA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2475 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri, 0800 - 1730 MT . 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, FILLIN "SPE Name?" \* MERGEFORMAT Allison Bourke can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 303-297-4684 . 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. /BETHANY C GARCIA/ Examiner, Art Unit 1721 /ALLISON BOURKE/ Supervisory Patent Examiner, Art Unit 1721