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. Summary This is the initial Office Action based on Application 09/05/2023 by Noriyoshi Matsumi , Noriyuki Takamori , and Tadashi Yamazaki. Claims 1-8 are currently pending and have been fully considered. 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 appl icant regards as his invention. Claims 1-8 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 “ vinylphosphonic acid ester-derived vinyl phosphorous polymer”. However, it is unclear what the metes and bounds of this limitation would be, as there is no clear element of the steps required for the “derived” term. Therefore since it is unclear the number of steps that would be acceptable to be considered “derived” from these elements, it renders the claims indefinite. 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. Claim(s) 1- 8 is/are rejected under 35 U.S.C. 102 (a1) as being anticipated by YUAN (CN 109560254 A) . With respect to claims 1-2 and 5 . YUAN teaches a negative electrode including an active material, binder, and chelating agent (paragraph 0011). The active material may be one of graphite or a silicon based material (paragraph 0012). In one example the active material is a silicon based active material, CMC (carboxymethyl cellulose) binder, and ethylenediaminetetramethylenephosphonic acid chelating agent (paragraph 0074). This chelating agent is taken to be the claimed vinyl phosphorous polymer. With respect to claims 3-4. YUAN teaches ethylenediaminetetramethylene phosphonic acid chelating agent (paragraph 0074). This is taken to be the claimed polyvinylphosonic acid polymer. With respect to claims 6-7. YUAN teaches the lithium battery negative electrode sheets (paragraph 0029). The active material may be a silicon based material (paragraph 0074). There may be a binder and the chelating agent (paragraph 0074). The conductive agent then may include acetylene black (paragraph 0030). With respect to claim 8. YUAN teaches an assembled battery which includes the negative electrode (paragraph 0090). This battery includes at least the lithium battery positive electrode sheet (paragraph 0010). 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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over YUAN (CN 109560254 A) in view of HAGE (CN 103109015 A) . With respect to claims 1- 5. YUAN teaches a negative electrode including an active material, binder, and chelating agent (paragraph 0011). The active material may be one of graphite or a silicon based material (paragraph 0012). In one example the active material is a silicon based active material, CMC (carboxymethyl cellulose) binder, and ethylenediaminetetramethylenephosphonic acid chelating agent (paragraph 0074). In the alternative that the ethylenediaminetetramethylene phosphonic acid is not taken to be the claimed vinylphoshonic acid or vinylphosphonic acid ester derived viny phosphorus polymer. HAGE teaches polyvinyl phosphonic acid salt is a known chelating agent (paragraph 0091). HAGE is in a different field of endeavor to that of YUAN, however at the time one of ordinary skill in the art would have looked to HAGE for the specific purpose of the use of known chelating agents. Therefore at the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the chelating agent of YUAN with the polyvinyl phosphonic acid salt of HAGE as this is a simple substitution of one known prior art for another in order to achieve predictable results. With respect to claims 6-7. YUAN teaches the lithium battery negative electrode sheets (paragraph 0029). The active material may be a silicon based material (paragraph 0074). There may be a binder and the chelating agent (paragraph 0074). The conductive agent then may include acetylene black (paragraph 0030). With respect to claim 8. YUAN teaches an assembled battery which includes the negative electrode (paragraph 0090). This battery includes at least the lithium battery positive electrode sheet (paragraph 0010). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JONATHAN G JELSMA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5127 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday through Friday 9:00 AM to 4:00 PM EST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Niki Bakhtiari can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-3433 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JONATHAN G JELSMA/ Primary Examiner, Art Unit 1722