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.
Claim(s) 1-5 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US-20210249648-A1).
A negative active material, comprising (a negative active material for a rechargeable lithium battery, see [0010]):
three active materials of a first active material; a second active material, and a third active material, wherein (see the corresponding first, second, and third active material below):
Choi teaches conductive material is not necessarily but can suitably be added to negative electrode, see [0061]. Choi further teaches that the conductive material can suitably be natural graphite, artificial graphite, or a mixture thereof (i.e., crystalline carbon), see [0067]. The instant specification recognizes natural graphite and artificial graphite as a crystalline carbon and active material, see instant-spec [0028.]
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have added the conductive material of graphite to the negative electrode because Choi teaches this is a suitable embodiment for the negative electrode of the invention.
the first active material is crystalline carbon (Therefore, the first active material corresponds to natural and/or artificial graphite.);
the second active material comprises a first core, which comprises crystalline carbon and a silicon-based material, and a first carbon coating layer positioned on the first core (composite crystalline carbon-silicon particle (B) including a mixed core of a crystalline carbon and silicon and an amorphous carbon coating layer surrounding the mixed core, see [0010]);
and the third active material comprises a second core, which comprises a silicon-based material, and a second carbon coating layer positioned on the second core (a composite silicon particle (C) including a silicon core and an amorphous carbon coating layer surrounding the silicon core, see [0010]).
Choi teaches particles B and C are not necessarily but can suitably be used together to form a negative electrode, see Abstract.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used a mixture of particle B and C in an negative electrode because Choi teaches this is a suitable embodiment for the negative active material.
Regarding Claim 2, Choi teaches the conductive material may be natural graphite, artificial graphite, or a mixture thereof, see [0067].
wherein the crystalline carbon comprises natural graphite, artificial graphite, or a combination thereof.
Regarding Claim 3, Choi discloses the silicon is used, see [0047]-[0048], thereby, teaching:
wherein the silicon-based material comprises silicon, silicon oxide, or a combination thereof.
Regarding Claim 4, Choi discloses the composite silicon particle (C) including a silicon core and an amorphous carbon coating layer surrounding the silicon core, see [0010], thereby, teaching:
wherein the second carbon coating layer is amorphous carbon or semi-crystalline carbon.
Regarding Claim 5, Choi discloses the composite crystalline carbon-silicon particle (B) including a mixed core of a crystalline carbon and silicon and an amorphous carbon coating layer surrounding the mixed core, see [0010], thereby, teaching:
wherein the first carbon coating layer is amorphous carbon.
Regarding Claim 9, Choi teaches the particles are substantially spherical because the particles have a circularity of about 0.74 to about 0.90, see [0025] and [0030].
wherein the third active material has a spherical shape.
Regarding Claim 10, Choi teaches the particles suitably have a convexity (i.e., corrugation) of about 0.85 to about 0.97, see [0025] and [0027].
Regarding Claim 11, Choi discloses:
A rechargeable lithium battery, comprising (a rechargeable lithium battery includes, see [0019]):
a negative electrode comprising the negative active material of claim 1 (a negative electrode including the negative active material of the disclosure of Choi, see [0019]);
a positive electrode (a positive electrode, see [0019]);
and an electrolyte (a non-aqueous electrolyte, see [0019]).
Regarding Claim 12, Choi teaches:
wherein: the first active material consists of a crystalline carbon (as rendered obvious above a conductive material added to the negative electrode being natural graphite, artificial graphite, or a mixture thereof (i.e., crystalline carbon), see [0061] and [0067]),
the second active material consists of the first core, which consists of crystalline carbon and the silicon-based material, and the first carbon coating layer positioned on the first core (composite crystalline carbon-silicon particle (B) including a mixed core of a crystalline carbon and silicon and an amorphous carbon coating layer surrounding the mixed core, see [0010]);
and the third active material consists of the second core, which consists of the silicon-based material, and the second carbon coating layer positioned on the second core (a composite silicon particle (C) including a silicon core and an amorphous carbon coating layer surrounding the silicon core, see [0010]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US-20210249648-A1) as applied to Claim1 above and in further view of Oh et al. (US-20200411844-A1).
Regarding Claim 6, Choi teaches particle B can suitably have an amount of the amorphous carbon in the amorphous carbon coating layer may be about 20 wt % to about 45 wt % based on the total weight of the negative active material which overlaps the claimed range. Choi further teaches this range provides the desirable feature of protection from side reactions occurring between the negative electrode active material and the electrolyte, see [0039].
Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the overlapping portion of the claimed wt% range for the amorphous coating layer in order arrive at a desired protection from side reactions.
Choi is silent toward the ratios of crystalline carbon and silicon for particle B and does not teach:
wherein in the second active material, an amount of the crystalline carbon is about 35 wt% to about 45 wt% based on the total 100 wt% of the second active material,
an amount of the silicon-based material is about 35 wt% to about 45 wt% based on the total 100 wt% of the second active material,
To solve the same problem of providing a composite anode material (see Abstract), Oh teaches the following:
“when the total weight of the silicon-carbonaceous compound composite is regarded as 100 wt %, the amount of the silicon nanoparticles may be in the range of about 35 wt % to about 45 wt %, the amount of the crystalline carbon may be in the range of about 35 wt % to about 45 wt,” see [0130].
Oh further teaches “within the amount ranges described above, electrode expansion ratios may be reduced and battery lifespans may be improved without decreasing capacities of manufactured anodes,” see [0131].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have provided particle B of Choi with the claimed ratios of silicon and crystalline carbon as taught by Oh to reduce expansion and improve lifespans without decreasing capacity.
Allowable Subject Matter
Claims 7 and 8 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.
Choi teaches particles A, B, and C can be used together to form a negative electrode, see Abstract, Choi does not exemplify and is silent to the mixing ratio of the particles A, B, and C being used together. There, Choi does not teach the mixing ratios of:
(per Claim 7) wherein a mixing ratio of the first active material, the second active material, the third active material is about 50:12:38 to about 50:38:12 by a weight ratio.
(per Claim 8) wherein a mixing ratio of the first active material, the second active material, the third active material is about 50:15:35 to about 50:35:15 by weight ratio.
Response to Arguments
Applicant's arguments filed 01/21/2026 have been fully considered and are address below.
Rejections under U.S.C. 35 §103
Applicant’s arguments with respect to the §103 rejections of claim(s) 1-6 and 9-11 have been considered and are found unpersuasive. The rejections of Claims 1-5 and 9-11 as obvious over Choi and Claim 6 rejected as obvious over Choi in further view of Oh are partially maintained with an alternative interpretation of Choi being relied on for the first active material. Applicant argues on page 10 of the response that none of the A, B, and C negative active materials of Choi consist solely of crystalline carbon. As mentioned in the response to arguments in the Non-Final dated 10/21/2025, an alternative interpretation of Choi teaches natural graphite and/or artificial graphite can suitably be added to the negative electrode active material as a conductive additive, see [0061] and [0067]. The instant specification recognizes natural graphite and artificial graphite as a crystalline carbon and active material, see instant-spec [0028.]
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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