DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant's election with traverse of Group I in the reply filed on 1 is acknowledged. The traversal is on the ground(s) that the product and method claims are not patentably distinct and share an inventive concept. This is not found persuasive because the structure features disclosed within Group I can be constructed from a different manufacturing method than described in Group II. The Applicant claims that the sphere-shaped depressions recited in Group I are direct and unique consequences of the burnout method described in Group II, however, it is appreciated that the sphere-shaped depressions recited in Group 1 can be created using a materially different process, such as by ball milling, disclosed within Chen et al. (WO-2022140953-A1), to create the series of spherical-depressions that silicon particles can be deposited within using methods such as electrostatic deposition, doctor blade coating, or by hand. As such, the sphere-shaped depressions having silicon particles deposited within recited in Group I are not direct and unique consequences of the burnout method described in Group II.
The requirement is still deemed proper and is therefore made FINAL.
3. Claims 10-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 15 April 2026.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (WO-2022140953-A1, disclosed in IDS mailed on 25 March 2024, EP-4270536-A1 is used as an English equivalent and is cited below in the rejection).
As to claim 1, Chen discloses an anode electrode for use in a lithium-ion battery cell [0004] including silicon (figure 1, silicon particles 20) and a porous carbonaceous anode electrode coating [0016], the anode electrode comprising:
an electrode substrate [0052] including a current collector [0051]; and
the porous carbonaceous anode electrode coating [0016], including:
a surface material including graphite (figure 1, graphite 10), wherein the surface material includes a plurality of sphere-shaped depressions (figure 1, pores 11, [0016]);
carbon particles (figure 1, carbon layer 30); and
a plurality of silicon particles (figure 1, silicon particles 20) affixed to inner walls of the plurality of sphere-shaped depressions (figure 1, silicon particles 20, [0016]), wherein the sphere-shaped depressions are configured for receiving expansion of the plurality of silicon particles when the silicon particles are in a lithiated state [0019].
As to claim 2, Chen discloses the anode electrode for use in a lithium-ion battery cell as disclosed within claim 1, and further discloses wherein each of the plurality of sphere-shaped depressions includes a portion of the plurality of silicon particles (figure 1, silicon particles 20, [0016]); and
wherein, when the plurality of silicon particles is in an unlithiated state, each of the plurality of sphere-shaped depressions includes an internal volume of at least three-times the volume of the silicon particles in the unlithiated state [0020].
As to claim 3, Chen discloses the anode electrode for use in a lithium-ion battery cell as disclosed within claim 1, and further discloses wherein each of the plurality of silicon particles is permanently bonded to the inner walls of the plurality of sphere-shaped depressions [0017], such that the plurality of silicon particles remains in conductive contact with the surface material through the lithiated state and the unlithiated state [0017].
As to claim 6, Chen discloses a battery cell [0043] including an anode electrode for use in a lithium-ion battery cell [0004] including silicon (figure 1, silicon particles 20) and a porous carbonaceous anode electrode coating [0016], the battery cell comprising:
the anode electrode including:
an electrode substrate [0052] including a current collector [0051]; and
the porous carbonaceous anode electrode coating [0016], including:
a surface material including graphite (figure 1, graphite 10), wherein the surface material includes a plurality of sphere-shaped depressions (figure 1, pores 11);
carbon particles (figure 1, carbon layer 30); and
a plurality of silicon particles (figure 1, silicon particles 20) affixed to inner walls of the plurality of sphere-shaped depressions (figure 1, silicon particles 20, [0016]), wherein the sphere-shaped depressions are configured for receiving expansion of the plurality of silicon particles when the silicon particles are in a lithiated state [0019];
a cathode electrode [0052]; and
an electrolyte [0052].
As to claim 7, Chen discloses the battery cell having an anode electrode as disclosed within claim 6, and further discloses wherein each of the plurality of sphere-shaped depressions includes a portion of the plurality of silicon particles (figure 1, silicon particles 20, [0016]); and
wherein, when the plurality of silicon particles is in an unlithiated state, each of the plurality of sphere-shaped depressions includes an internal volume of at least three-times the volume of the silicon particles in the unlithiated state [0020].
As to claim 8, Chen discloses the battery cell having an anode electrode as disclosed within claim 6, and further discloses wherein each of the plurality of silicon particles is permanently bonded to the inner walls of the plurality of sphere-shaped depressions [0017], such that the plurality of silicon particles remains in conductive contact with the surface material through the lithiated state and the unlithiated state [0017].
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (WO-2022140953-A1, disclosed in IDS mailed on 25 March 2024, EP-4270536-A1 is used as an English equivalent and is cited below in the rejection) as applied to Claims 1, and further in view of Loveness et al. (US-20220020979-A1, disclosed in IDS mailed on 21 November 2025).
As to claim 4, Chen discloses the anode electrode for use in a lithium-ion battery cell as disclosed within claim 1, however, Chen does not disclose wherein the porous carbonaceous anode electrode coating is doped with nitrogen, phosphorous, silver, tin, lithium alloying materials, or conductive atoms to anchor the silicon to the surface material.
Loveness discloses active electrode materials used in lithium-ion battery cells, wherein the porous carbonaceous anode electrode coating is doped with lithium to anchor the silicon to the surface material [0087] and to improve conductivity of the active material.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the anode electrode for use in a lithium-ion battery cell as disclosed within Chen to further require that the electrode coating be doped with lithium to assist in anchoring the silicon within the coating along with improving the conductivity of the active material as disclosed within Loveness.
As to claim 5, Chen discloses the anode electrode for use in a lithium-ion battery cell as disclosed within claim 1, and further discloses wherein, when the plurality of silicon particles is in the lithiated state, the anode electrode expands in volume in a range from 0% to 5% as compared to a volume of the anode electrode when the plurality of silicon particles are in the unlithiated state [0016]. However, while Chen does not disclose the volume expansion range of 0% to 5%, it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. (see MPEP § 2144.05, II.).
8. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (EP-4270536-A1, English equivalent for WO-2022140953-A1 disclosed in IDS mailed on 25 March 2024) as applied to Claims 6, and further in view of Loveness et al. (US-20220020979-A1).
As to claim 9, Chen discloses the battery cell having an anode electrode as disclosed within claim 6, however, Chen does not disclose wherein the porous carbonaceous anode electrode coating is doped with nitrogen, phosphorous, silver, tin, lithium alloying materials, or conductive atoms to anchor the silicon to the surface material.
Loveness discloses active electrode materials used in lithium-ion battery cells, wherein the porous carbonaceous anode electrode coating is doped with lithium to anchor the silicon to the surface material [0087] and to improve conductivity of the active material.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the anode electrode for use in a lithium-ion battery cell as disclosed within Chen to further require that the electrode coating be doped with lithium to assist in anchoring the silicon within the coating along with improving the conductivity of the active material as disclosed within Loveness.
Conclusion
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/J.J.S./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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