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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 6, 7, 8, 9, 11, 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okada et al. (US 2015/0311002)
With respect to claim 1, Okada et al. discloses a carbon material, comprising: a porous carbon substrate, wherein the porous carbon substrate has a specific surface area of ≥ 500 m2/g [0150-0155; 0134-0142]; and
an amorphous carbon layer provided on at least part of a surface of the porous carbon substrate. [0080-0125]
With respect to claim 6, Okada et al. discloses wherein the porous carbon substrate is activated carbon. [0012; 0113-0120; 0128-0140]
With respect to claim 7, Okada et al. discloses a method for preparing the carbon material of claim 1, comprising: performing a vapor deposition treatment on the surface of the porous carbon substrate using a carbon source to form the amorphous carbon layer so as to obtain the carbon material. [0105]
With respect to claim 8, Okada et al. discloses the use of the carbon material of claim 1 as a negative electrode active material. [Abstract]
With respect to claim 9, Okada et al. discloses a negative electrode plate, comprising: a current collector; and a negative electrode active layer provided on a surface of the current collector, wherein the negative electrode active layer comprises the carbon material of claim 1 as a component. [Abstract]
With respect to claim 11, Okada et al. discloses a secondary battery, comprising the negative electrode plate of claim 9. [0122; 0105-0145]
With respect to claim 12, Okada et al. discloses a power consuming device, comprising the secondary battery of claim 11. [0331]
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 2, 13, 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (US 2015/0311002) as applied to claim 1 above in further view of Zhang et al. CN106953076.
With respect to claim 2, Okada et al. does not disclose wherein the amorphous carbon layer has a thickness of 15 nm - 250 nm.
Zhang et al. discloses a carbon material, comprising:
a porous carbon substrate [Abstract; 0008-0010]; and
an amorphous carbon layer provided on at least part of a surface of the porous carbon substrate. [Abstract; 0008-0010]
wherein the amorphous carbon layer has a thickness of 50-100nm (overlaps 15 nm - 250 nm). [0013-0016]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the carbon material of Okada et al., to include wherein the amorphous carbon layer has a thickness of 15-250nm, as disclosed in Zhang et al., in order to allow for excellent long circulating stability energy and good high rate performance.
With respect to claim 13, Okada et al. does not disclose wherein the amorphous carbon layer has a thickness of 20 nm - 220 nm.
Zhang et al. discloses a carbon material, comprising:
a porous carbon substrate [Abstract; 0008-0010]; and
an amorphous carbon layer provided on at least part of a surface of the porous carbon substrate. [Abstract; 0008-0010]
wherein the amorphous carbon layer has a thickness of 50-100nm (overlaps 20 nm - 220 nm). [0013-0016]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the carbon material of Okada et al., to include wherein the amorphous carbon layer has a thickness of 20 nm-220nm, as disclosed in Zhang et al., in order to allow for excellent long circulating stability energy and good high rate performance.
With respect to claim 14, Okada et al. does not disclose wherein the amorphous carbon layer has a thickness of 20 nm - 200 nm.
Zhang et al. discloses a carbon material, comprising:
a porous carbon substrate [Abstract; 0008-0010]; and
an amorphous carbon layer provided on at least part of a surface of the porous carbon substrate. [Abstract; 0008-0010]
wherein the amorphous carbon layer has a thickness of 50-100nm (overlaps 20 nm - 200 nm). [0013-0016]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the carbon material of Okada et al., to include wherein the amorphous carbon layer has a thickness of 20 nm-200nm, as disclosed in Zhang et al., in order to allow for excellent long circulating stability energy and good high rate performance.
With respect to claim 15, Okada et al. does not disclose wherein the amorphous carbon layer has a thickness of 50 nm - 130 nm.
Zhang et al. discloses a carbon material, comprising:
a porous carbon substrate [Abstract; 0008-0010]; and
an amorphous carbon layer provided on at least part of a surface of the porous carbon substrate. [Abstract; 0008-0010]
wherein the amorphous carbon layer has a thickness of 50-100 nm (overlaps 50 nm - 130 nm). [0013-0016]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the carbon material of Okada et al., to include wherein the amorphous carbon layer has a thickness of 50 nm-130 nm, as disclosed in Zhang et al., in order to allow for excellent long circulating stability energy and good high rate performance.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (US 2015/0311002) as applied to claim 1 above in further view of Li et al. CN104681784.
With respect to claim 3, Okada et al. does not disclose wherein the amorphous carbon layer is formed by means of vapor deposition of an aryl compound having 6-40 carbon atoms.
Li et al. discloses wherein the amorphous carbon layer is formed by means of vapor deposition of an aryl compound having 6-40 carbon atoms (toluene). [0016-0018]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the carbon material of Okada et al., to include a method of vapor deposition of an aryl compound having 6-40 carbon atoms, as disclosed in Li et al., in order to allow for excellent cycle performance.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (US 2015/0311002) as applied to claim 1 above in further view of Cheng et al. US2018/0083281.
With respect to claim 4, Okada et al. discloses wherein the porous structure of the porous carbon substrate comprises a microporous structure, a mesoporous structure. [0151]
Okada et al does not disclose a macroporous structure.
Cheng et al discloses a carbon material comprising a porous carbon substrate comprising a macroporous structure [0010; 0019]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the carbon material of Okada et al., to include a microporous structure, as disclosed in Cheng et al., in order to allow for a fast charging-discharging property.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al. (US 2015/0311002) as applied to claim 9 above in further view of Yu et al. (US 2020/0006772)
With respect to claim 10, Okada et al. does not disclose wherein a mass percentage of the carbon material in the negative electrode active layer is 90%-95%.
Yu et al. discloses wherein a mass percentage of the carbon material in the negative electrode active layer is 90%-95%. [0084]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the carbon material of Okada et al., wherein a mass percentage of the carbon material in the negative electrode active layer is 90%-95%, as disclosed in Yu et al., in order to allow for excellent charge and discharge cycle performance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takahashi et al. US 20100028786
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRAN QURAISHI AKHTAR whose telephone number is (571)270-7589. The examiner can normally be reached Monday-Thursday 9AM-7PM.
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
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