DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 7, and 11-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the amorphous silicon-based material" in lines 4 and 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation " the amorphous silicon-based material " in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation " the amorphous silicon-based material" in line 4. There is insufficient antecedent basis for this limitation in the claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance, claims 12 recites the broad recitation 30% to 60%, and the claim also recites optionally from 40% to 50% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
In the present instance, claim 13 recites the broad recitation carbon materials, and the claim also recites one or more of hard carbon, soft carbon, graphene, carbon fiber, and carbon nanotube which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 1-5, 8-10, and 14-20 are allowable.
Claims 6, 7, and 11-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: no prior art was teaching or disclosing a negative electrode wherein, in cross-sectional image of the negative electrode active material, total cross-sectional area of the crystalline silicon-based material in the outer region is smaller than total cross-sectional area of the crystalline silicon-based material in the inner region. The European search report cites US 2022/0064008 and US 2020/0020935 as prior art but none of the references recite the above limitation(s).
Conclusion
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723
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