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 .
Claims 4-6, 8 and 9 pending in the application
Claims 1-3, 7, 10 and11 are withdrawn in the application.
Amendments to the claims filed on 06/26/2026 have been entered in the above-identified application.
WITHDRAWN OBJECTIONS/REJECTIONS
The 35 U.S.C. §112 rejection of the claims made of record in the office action mailed on 04/01/2026 have been withdrawn due to Applicant’s amendment in the response filed 06/26/2026.
The 35 U.S.C. §103 rejection of the claim 5 made of record in the office action mailed on 04/01/2026 have been withdrawn due to Applicant’s amendment in the response filed 06/26/2026.
Claim Objections
Claim 5 is objected to because of the following informalities: claim 5 includes
multiple sentences separated by periods including lines ending with "aspect ratio of 2.5 or more" and "included in the cross section". Periods may not be used elsewhere in the claims except for abbreviations, MPEP 608.01 (m). Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wakasugi (JP-2020/170605 A, for prior art discussion see cited machine translation) in view of Mizutani (JP-2017054720 A, for prior art discussion see cited machine translation)
Regarding claim 4, Wakasugi discloses a manufacturing method of porous
silicon particles for use in secondary battery negative electrode comprising of acquiring
a LiSi precursor removing Li from the LiSi precursor to form porous silicon particles
(para. 0046-0049). Wakasugi further discloses a composite particle including a
plurality of porous silicon particles and a binder (para. 0014, 0021). Wakasugi
further discloses an active material mixture (negative electrode mixture layer) includes a
composite particle and a sulfide solid electrolyte (para. 0014). Wakasugi further discloses the method of forming the negative electrode mixture layer include a method of pressure molding a powder of a negative electrode mixture containing a negative electrode active material, a sulfide-based solid electrolyte, and if necessary, other components such as a conductive material and a binder (para. 0039, 0054).
Wakasugi fails to disclose pressing of the active material mixture to form an
active material layer having a porosity of more than 15% in the manufacturing method of
a negative electrode.
Mizutani discloses negative electrode for all solid state batteries having a sulfide electrolyte solid electrolyte and negative electrode active material is a composite particle having a carbon material containing Si and a porosity of 5% to 30% (para. 009) overlapping with the claimed range of more than 15% (MPEP 2144.05 (I)). Mizutani in addition discloses, in order to make it easier to enhance the performance of the all solid state battery, it is preferable that the negative electrode is manufactured through a pressing process (para. 029). Mizutani further discloses When the porosity is in the range of 5% to 30% secures expansion space in advance for the reaction of the active material with Li and suppresses compression of the surrounding sulfide solid electrolyte thereby preventing cracking of the solid electrolyte gaps at the active material interface, so that disconnection of the Li ion conduction path is suppressed resulting in high cell volume energy density and excellent capacity maintenance ratio (para. 027).
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to modify the method of manufacturing of secondary
battery negative electrode as disclosed by Wakasugi to obtain a porosity as taught by
Mizutani. One of ordinary skill in the art would have been motivated to modify the manufacturing method to control the porosity to obtain high cell volume energy
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wakasugi (JP-2020/170605 A, for prior art discussion see cited machine translation) in view of Mizutani (JP-2017054720, for prior art discussion see cited machine translation) and further in view of Akira (JP 2016-091762 for prior art discussion refer to cited machine translation).
Wakasugi and Mizutani are relied upon as described above.
Regarding claim 5, As discussed above Wakasugi forms the negative electrode layer by pressing the negative electrode mixture of porous silicon particles, sulfide solid electrolyte, conductive material and binder, pressing the mixture at 4 ton/cm2 (para. 0039, 0052, 0054) similar to applicant’s disclosure (instant application, para. 0089)
Wakasugi fails to teach the active material mixture is pressed to deform the composite particle such that composite particles have an aspect ratio of 2.5 or more.
Akira discloses a method of producing silicon graphite composite particles as a negative electrode active material (para. 0005-0006). Akira further discloses a preferable aspect ratio for silicon-graphite composite particles in the range of 1.5 or more and 10 or less (para. 0015) with a worked values of 3.1 to 4.1 measured over 50 silicon-graphite particles (table 1, para. 0052). Akira discloses the coefficient of expansion and the coefficient of contraction in the stacking direction of the silicon graphite composite particles are higher than the coefficient of expansion and the coefficient of contraction in other directions and when an electrode is formed the silicon graphite composite particles are stacked along the thickness direction of the electrode. The expansion of the silicon is concentrated in the direction in which the compressive forces applied to the cell perpendicular to the electrode already exists and the compressive force suppresses collapse of the electrode, and thus the charge-discharge cycle characteristics of a non-aqueous electrolyte secondary battery are further improved (para. 0009). Akira further discloses when the aspect ratio is in the range disclosed, the charge-discharge cycle characteristics can be optimized, and the electrode can be easily produced (para. 0031).
Although Akira does not disclose that the aspect ratio is measured using
the claimed extraction method, the process relates to a way to measure the aspect ratio
of the composite particles in active material mixture. The specific measurement method
would not affect the actual aspect ratio of the composite particles. Given that Akira discloses an aspect ratio overlapping with the applicant’s claimed range it would be
expected that the aspect ratio would be present regardless of what measurement
process is used to calculate it. As such, in view of the combination of Wakasugi in
view of Mizutani as set forth above, the resulting particles would be such that when
subjected to the extraction process as claimed, the content of particles having aspect
ratios as set forth in the prior art would be as high as possible, including 50% or more,
which overlaps with the presently claimed range.
It would have been obvious to one of the ordinary skill in the art before effective filling date of the claimed invention to have modified method of making the negative electrode as disclosed by Wakasugi and Mizutani to arrive at composite particles with an aspect ratio of 2.5 or more as taught by Akira. One of ordinary skill in the art would have been motivated to include composite particles with aspect ratio claimed range charge-discharge cycle characteristics can be optimized, and the electrode can be easily produced.
Claim 6 and 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wakasugi (JP-2020/170605 A, for prior art discussion see cited machine translation) in view of Mizutani (JP-2017054720, for prior art discussion see cited machine translation) as applied to claim 4 above, and further in view of Friend (WO 2016/146999 A1, For purpose of prior art discussion refer to US PG Pub 2018/0069234 for WO 2016/146999) and Tzeng (Effects of Pyrolysis on High-Capacity...).
Wakasugi and Mizutani are relied upon as described above.
Regarding claim 6, Wakasugi fails to teach mixing porous silicon particles with an organic component and carbonizing the organic compound to acquire the porous silicon and porous carbon serving as a binder.
Friend discloses a method of making a composite particle composed of porous silicon for use in a metal-ion battery (abstract). Friend discloses assembling the porous silicon particles with a binder to acquire an intermediate complex (para. 0080). Friend further discloses a carbonized binder obtained from carbonizable precursors like sugars, polysaccharides, petroleum pitch and polymers which are converted to carbon by heating the porous particles from 600-1000oC and forming a carbon layer that coats at least a portion of the porous silicon particles (para. 0082-0083). Examples 4 and 6 (Friend et al.) discloses pyrolysis of the organic component (para 0184, 0188) to produce graphitic carbon binder/coating on the silicon particles. Friend further discloses the use of carbonized binders may be preferred since it provides a carbon layer that coats at least a portion of the fragments, which is believed to assist in controlling the formation of SEI layers on the surface of the electroactive material and in improving the conductivity of the porous particles (para. 0083).
It would have been obvious to one of the ordinary skill in the art before effective filling date of the claimed invention to modify the method of making the negative electrode as disclosed by Wakasugi and Mizutani as taught by Friend. One of ordinary skill in the art would have been motivated to carbonize the organic component in controlling the formation of SEI layers on the surface of the electroactive material and in improving the conductivity of the porous particles.
Friend fails to disclose the carbon formed on the porous silicon particles by the carbonizing of organic component to be porous.
Tzeng discloses fabrication of anode containing silicon and an organic component (binder) for use as an anode in lithium-ion battery (page 2, para. 4). Tzeng further discloses pyrolysis of a binder to form graphitic carbon coatings on silicon flakes and has a porous structure (abstract, conclusion). Tzeng further discloses pyrolysis of silicon anode with an organic component (CMC, SBR) at a temperature of 700oC forming porous carbon structure with a graphitic carbon coatings on the silicon (page 4, para. 3, figure 1 and 2).
It would have been obvious to one of the ordinary skill in the art before effective filling date of the claimed invention to have modified method of making the negative electrode of Wakasugi and Mizutani to include pyrolysis of organic component step to obtain porous carbon serving as a binder as taught by Friend and Tzeng.
One of ordinary skill in the art would have been motivated to include composite particles which includes porous silicon particles and porous carbon serving as a binder to control the formation of SEI layers on the surface of the electroactive material and the binder transformed into a porous carbon structure, provides additional buffer room for volume expansion of the silicon anode thereby improving the cycling lifetime of the electrode (Tzeng, page 16, para. 3) density and excellent capacity maintenance ratio.
Regarding claim 9, Wakasugi and Mizutani fails to disclose porous silicon particle is nanoporous silicon particle.
Friend discloses the silicon carbon composite prepared has a pore diameter (intra-particle pore) of 30 nm to 500 nm, thereby meeting the limitation of the porous silicon-article is nanoporous silicon particle. Friend further discloses the pore structure of the porous particles results in a network of fine silicon elements forming the pore boundaries and pore walls, and these structural elements may be sufficiently fine to withstand the mechanical stress of repeated charge and discharge cycles. In addition, the pores of the porous particles provide void space to accommodate expansion of the electroactive material during intercalation of metal ions, thereby avoiding excessive expansion of electrode layers. (para. 0010)
It would have been obvious to one of the ordinary skill in the art before effective filling date of the claimed invention to have the porous silicon particles to be nanoporous as taught by Friend. One of ordinary skill in the art would have been motivated to include composite particles which includes nanoporous silicon particles to withstand the mechanical stress of repeated charge and discharge cycles avoiding excessive expansion of electrode layers.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wakasugi. (JP-2020/170605 A, for prior art discussion see cited machine translation) in view of Mizutani (JP-2017054720, for prior art discussion see cited machine translation)
as applied to claim 4 above, and further in view of Hiroyuki (JP-2019/121557A, for prior art discussion see cited machine translation).
Wakasugi and Mizutani. are relied upon as described above.
Regarding claim 8, Wakasugi fails to disclose a ratio of the binder to a total of the porous silicon particles and the binder is 1% by mass or more and 30% by mass or less.
Hiroyuki discloses acquiring active material mixture for use in an all-solid-
state battery having a composite particle containing silicon elements (para. 0021), a
binder (para. 0022, 0023) and a sulfide solid electrolyte (para 0032, 0028). Hiroyuki et al. discloses the composite particle having a plurality of particles containing a Si element and a binder (para. 0021). The ratio of the binder to the total of the particles and the binder is, for example, 10 wt% or less, and may be 5 wt% or less. On the other hand, the ratio of the binder to the total of the particles and the binder is, for example, 0.5 wt% or more (para. 0024) overlapping with the claimed range (MPEP 2144.05 (I)). Hiroyuki further discloses the content of the binder contained in the composite particles is not particularly limited as long as the desired composite particles can be produced using a plurality of particles (para. 0024).
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to modify the method of manufacturing of secondary
battery negative electrode as disclosed by Wakasugi as taught by Hiroyuki to include a binder in the claimed ratio. One of ordinary skill in the art would have been motivated to incorporate the binder in the ratio to obtain the desired composite particles.
RESPONSE TO ARGUMENTS
The newly added claims 10 and 11 appears to be drawn to nonelected invention (group I – drawn to product), it will be withdrawn from consideration under prior restriction requirement.
Applicant’s arguments in the response filed 06/26/2026 regarding the claim 5 objection of record have been considered but they are not persuasive as the amended claim 5 is not part of a single sentence therefore the rejection is maintained.
Applicant’s arguments in the response filed on 06/26/2026 regarding the 35 U.S.C. §112 (b) of claim 5 of record have been considered but are moot since the rejection have been withdrawn.
Regarding applicant’s argument (A) in the response filed on 06/26/2026 regarding the 35 U.S.C. §103 of claim 4 have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments (B) in the response filed on 06/26/2026 regarding the 35 U.S.C. §103 of claim 5 of record have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments (C) in the response filed on 06/26/2026 regarding the 35 U.S.C. §103 of claim 6 of record have been considered but are moot due to the new grounds of rejection.
Conclusion
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/I.M./
Iswarya MathewExaminer, Art Unit 1788
09/18/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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