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 .
Rejections Repeated
The 35 U.S.C. 102(a) rejection of claims 1-5,7,9 anticipated by Taniguchi et al. has been repeated as previously made in office action 6/11/26.
As to the new limitation, “wherein the plurality of negative electrode active material particles are bonded to each other via the perfluoropolyether,” Taniguchi et al. discloses wherein the plurality of negative electrode active material particles are bonded to each other via the perfluoropolyether (paragraph 0020, the silicon based active material particles are coated with a film of organosilicon compound containing PFPE therefore the film bonds the particles together).
The 35 U.S.C. 103(a) rejection of claims 6,8 unpatentable over Taniguchi et al. in view of Honda has been repeated as previously made in office action 6/11/26.
New Rejections
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al.
Taniguchi et al. fail to disclose wherein the number of negative electrode active material particles included in one active material secondary particle is from 2 or more to 1000 or less. Taniguchi et al. discloses 50g of silicon oxide powder having an average size of 5um (paragraph 0087). It would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to provide wherein the number of negative electrode active material particles included in one active material secondary particle is from 2 or more to 1000 or less for the purpose of providing optimal value in absence of unexpected results.
Response to Arguments
Applicant's arguments filed 9/9/26 have been fully considered but they are not persuasive.
In response to applicant’s argument that Taniguchi fail to disclose a plurality of negative electrode active material particles are bonded to each other via PFPE; and
a plurality of bonded particles constitute an active material secondary particle, Taniguchi discloses the silicon based active material particles are coated with a film of organosilicon compound containing PFPE therefore the film bonds the particles together (paragraph 0020).
In response to applicant’s argument that Taniguchi fails to disclose a "volume ratio" of the perfluoropolyether to the "total of the negative electrode active material particles and the perfluoropolyether" is 2% by volume or more and 30% by volume or less, Taniguchi discloses in paragraph [0022] that the mass of the organosilicon compound "film" is 0.1 to 5 mass% relative to the silicon-based active material particles. Examiner agrees that volume % and mass% are different since one measures in liters and the other measures in grams, however when mass% is converted to volume% by multiplying the density of perfluoropolyether which is 1.92g/mL, then the volume% would be about 10%.
In response to applicant’s argument that Taniguchi fail to disclose "the active material secondary particles" have a mean particle diameter of 0.5 um or more and 20.0 µm or less, Taniguchi discloses in paragraph [0041] a range of 0.1 to 50um for the mean particle diameter of "the silicon-based active material particles” which are the active material particles.
In response to applicant’s argument that Taniguchi fail to disclose mixing a plurality of negative electrode active material particles and perfluoropolyether to bond the plurality of negative electrode active material particles to each other via the perfluoropolyether, Taniguchi discloses mixing a plurality of negative electrode active material particles and perfluoropolyether to bond the plurality of negative electrode active material particles to each other via the perfluoropolyether (paragraph 0053).
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 JANE J RHEE whose telephone number is (571)272-1499. The examiner can normally be reached Monday-Friday (10-6:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANE J RHEE/Primary Examiner, Art Unit 1724
