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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-3 and 14 in the reply filed on 23 April 2026 is acknowledged.
Claims 4-13 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected preparation method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 23 April 2026.
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 1-3 and 14 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 1 recites the limitations "on surface of the active substance" in line 2, “on surface of the active substance” in line 3, and “on surface of the buffer layer” in line 4. There is insufficient antecedent basis for these limitations in the claim. In order to advance prosecution, the examiner is interpreting the limitations as "on a surface of the active substance", "on the surface of the active substance" and “on a surface of the buffer layer”, respectively.
Claims 2-3 and 14 are rejected as being dependent upon above rejected claim 1.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan CN112374482A (using machine English translation provided; cited in IDS filed 14 August 2023.
Regarding claim 1, Yuan discloses an anode material (Yuan, Fig. 1), comprising
an active substance (Yuan, Fig. 1, SiOx), and
a buffer layer (Yuan, Fig. 1, LiF) and a carbon layer (Yuan, Fig. 1, C) both on a surface of the active substance (Yuan, Fig. 1, SiOx, LiF, C),
wherein the buffer layer is formed on the surface of the active substance (Yuan, [0046], Fig. 1, SiOx, LiF),
and the carbon layer comprises an amorphous carbon material (Yuan, [0010]) on a surface of the buffer layer (Yuan, Fig. 1, LiF, C),
and a carbon nano-material extending in a direction toward and/or away from the buffer layer (Yuan, [0051], SWCNTs).
Regarding claim 2, Yuan also discloses comprising at least one of the following features (1) to (16): (1) the carbon nano-material extends to the buffer layer in a direction toward the buffer layer (Yuan, Fig. 1, LiF, C), (3) the carbon nano-material is connected to the amorphous carbon material and the buffer layer (Yuan, [0051]), (5) the carbon nano-material comprises at least one of carbon nanotube (Yuan, [0051]), (6) the carbon nano-material has at least one shape of a linear shape, a tubular shape (Yuan, [0051]), (10) the buffer layer comprises at least one of alkali metal halide (Yuan, Fig. 1, LiF), (11) the buffer layer comprises at least one of LiF (Yuan, Fig. 1, LiF), (16) the buffer layer comprises at least one of LiF (Yuan, Fig. 1, LiF).
Regarding claim 14, Yuan additionally discloses a lithium ion battery (Yuan, [0019-0020]), comprising the anode material according to claim 1 (see claim 1 above).
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.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan CN112374482A (using machine English translation provided; cited in IDS filed 14 August 2023.
Regarding claim 3, Yuan additionally discloses comprising at least one of the following features (1) to (12): (1) the active substance comprises a SiOx material, wherein 0<x<2 (Yuan, [0021], x < 1), which is rendered obvious over the range of at least 0 < x <1, (2) the active substance comprises a SiOx material, wherein 0.8<x<1.5 (Yuan, [0021], x < 1), which is rendered obvious over the range of at least 0.8 < x < 1, (5) the buffer layer accounts for 0.05% to 20% by mass of the anode material (Yuan, [0042], 0.5, 5 to 10% by mass), which is rendered obvious over the range of 0.5 to 10% by mass, at least. See MPEP § 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yano US20100119949A1 (discloses an anode material, comprising an active substance, and a carbon layer both on surface of the active substance, and the carbon layer comprises an amorphous carbon material, and a carbon nano-material extending in a direction toward and/or away from the buffer layer),
Kim KR20150075207A (discloses an anode material, comprising an active substance, and a buffer layer and a carbon layer both on surface of the active substance, wherein the buffer layer is formed on surface of the active substance, and the carbon layer comprises an amorphous carbon material on surface of the buffer layer, and a carbon nano-material extending in a direction toward and/or away from the buffer layer),
Lee WO2017099456A1 (discloses an anode material, comprising an active substance, and a buffer layer and a carbon layer both on surface of the active substance, wherein the buffer layer is formed on surface of the active substance, and the carbon layer comprises an amorphous carbon material on surface of the buffer layer, and a carbon nano-material extending in a direction toward and/or away from the buffer layer),
Choi US20180342757A1 (discloses an anode material, comprising an active substance, and a buffer layer and a carbon layer both on surface of the active substance, wherein the buffer layer is formed on surface of the active substance, and the carbon layer comprises an amorphous carbon material on surface of the buffer layer, and a carbon nano-material extending in a direction toward and/or away from the buffer layer),
Choi US20200343544A1 (discloses an anode material, comprising an active substance, and a buffer layer and a carbon layer both on surface of the active substance, wherein the buffer layer is formed on surface of the active substance, and the carbon layer comprises an amorphous carbon material on surface of the buffer layer, and a carbon nano-material extending in a direction toward and/or away from the buffer layer).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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