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 .
Claims 1-10 are pending in the application.
Claims 11-12 are withdrawn in the application.
Election/Restrictions
Claims 11-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group (II), method of making the negative electrode active material there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/24/2026.
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 1-10 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, “one of the two Si’s is bound with at least”, it is unclear if Si is bonded to a material such as the active material particle or is chemically bonded to claimed atomic groups rendering the claim vague and indefinite.
Claims 2-10 are similarly rejected as they are dependent on claim 1.
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.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lahlouh (US PG Pub. 2015/0125595)
Lahlouh discloses a negative-electrode active material for a non aqueous electrolyte secondary battery. Lahlouh teaches that graphite is conventionally used as a negative electrode active material and that silicon is a replacement because of its high lithiation capacity (para. 0002-0003). Therefore the disclosure is directed to silicon-containing active material for lithium ion-electrochemical cells. Lahlouh discloses a surface treated active material for electrochemical cells containing silicon (abstract, para. 0004, figure 3A). Lahlouh discloses surface layer formed on surfaces of the active material particles (figure 3A), wherein the surface layer contains a reaction product of a compound allowed to react (para. 0004, 0025) so as to form a siloxane bond. Lahlouh teaches this by disclosing surface treatment agent (para. 0043) is hydrolyzed in an acidified aqueous-alcoholic medium (para. 0073, 0045, figure 2) followed by mixing with silicon particles and staged drying/heating (para. 0008, 0049, 0051, 0073). Lahlouh discloses heating causes a condensation reaction between the —OH groups in the hydrolyzed organoalkoxysiloxane end of the molecule and the Si—OH groups on the surface of the silicon particles. This condensation reaction forms a Si—O—R type of link between the silicon particles and the siloxane additives (para. 0073). A condensation reaction between a silanol group of the treatment agent and a silanol group at the particle surface necessarily produces an Si-O-Si linkage, that is a siloxane bond. Furthermore applicants’ specification confirms that this chemistry is conventional, stating that the reaction (e.g., hydrolysis- condensation reaction) to form a siloxane bond by subjecting a compound having an alkoxysilyl group to reaction is widely known (instant application, para. 0021).
Lahlouh discloses bis-gamma-trimethoxysilypropyl amine (examiner figure A) as one of the surface treatment material (para. 0005, 0025) and includes a structure represented by Si-Ri-Si (bis-gamma-trimethoxysilypropyl amine). R1 in bis-gamma-trimethoxysilypropyl amine has a chain portion including, an alkylene group and a nitrogen atom. Lahlouh further discloses one of the two Si's is bound with at least one atomic group selected from the group consisting of an alkoxy group having 1 to 6 carbon atoms (-OCH3, examiner figure A ) the other one of the two Si's is bound with at least one atomic group selected from the group consisting of an alkoxy group having 1 to 6 carbon atoms (-OCH3).
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Examiner figure A
Lahlouh discloses the active material including silicon containing structures and treatments layers covering at least some part of their structure increase adhesion of the structures to polymer binders within active material layers of the electrode thereby improving the cycling characteristics of the electrochemical cells (para. 0004)
It would have been obvious to one of ordinary skill in the art at the time of the invention to select bis-gamma-trimethoxysilypropyl amine as surface treatment material for silicon containing particles as taught by Lahlouh with a reasonable expectation of success such a selection would increase adhesion of the structures to polymer binders within active material layers of the electrode (MPEP 2143 (I)). One of ordinary skill in the art would have been motivated to select bis-gamma-trimethoxysilypropyl amine to improve the cycling characteristics of the electrochemical cells.
Regarding claim 2, Lahlouh discloses the compound bis-gamma-trimethoxysilypropyl amine as a treating agent (para. 0005, 0025, examiner figure A), where R2, R3, R4, R5, R6 and R7 are an alkoxy group having 1 to 6 carbon atoms (methoxy group). As R2-R7 are methoxy groups there is no remaining substituents that need to satisfy the rest of R2 to R7 alternatives.
Regarding claim 3, as discussed above with respect to claim 1 and 2, Lahlouh discloses R2 to R7 are a methoxy group (examiner figure A).
Regarding claim 4, as discussed above with respect to claim 1-3, Lahlouh discloses compound bis-gamma-trimethoxysilypropyl amine as a treating agent which comprises of a nitrogen atom (Examiner figure A) and two alkylene groups constituting the chain portion so as to sandwich the at least one heteroatom and two alkylene groups which having 3 carbon atoms falling in the claimed range of 2 to 4 carbon atoms.
Regarding claim 5, as discussed above with respect to claim 1, Lahlouh discloses R1: -(CH2)3-NH-(CH2)3 (examiner figure A) thereby meeting the claim limitation.
Regarding claim 6, Lahlouh discloses carbon containing layer covering at least a portion of the treatment layer which covers at least some of the silicon containing active material surface (para. 0004, figure 3A) and carbon particles are adsorbed or covalently bound to the treatment layer (para. 0007, 0044). Lahlouh discloses that composite structures comprising silicon cores and conductive carbon shells exhibit improved capacity and stability relative to uncoated silicon particles (para. 0037) and that structures including silicon core and carbon shells may be used as the active material structures with which treating agent solution is combined (para. 0044).
Regarding claim 10, Lahlouh discloses a nonaqueous electrolyte secondary battery (ref. 500, figure 5, para. 0056) comprising of a positive electrode (ref. 506. Figure 5), a negative electrode (ref. 504, figure 5), and a non aqueous electrolyte (para. 0068-0070).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lahlouh (US PG Pub. 2015/0125595) in view of Uchiyama (US PG Pub. 2019/0319261).
Lahlouh is relied upon as described above.
Regarding claim 7, Lahlouh fails to disclose the active material particles are composite particles containing a lithium silicate phase represented by LixSiOy where 0<x≤4 and 0<y≤4, and a silicon phase dispersed in the lithium silicate phase.
Uchiyama discloses a negative electrode where silicon particles are dispersed in the lithium silicate phase (para. 0017) and lithium silicate represented by formula :
Li 2Si2O5 . ( x - 2 ) SiO2 , where 2 < x ≤18 is satisfied. Uchiyama further discloses when x = 0.5 and 1 (table 1), the lithium silicate has the chemical formula Li4SiO4 and Li2SiO3 thereby meeting the claim limitation LixSiOy where 0<x≤4 and 0<y≤4. Uchiyama further discloses the lithium silicate phase does not have many sites that are reactive to lithium, and it is therefore unlikely to cause a new irreversible reaction during charge and discharge. Accordingly, excellent charge/discharge efficiency is exhibited during the initial charge and discharge (para. 0018).
It would have been obvious to one of ordinary skill in the art at the time of the invention to disperse silicon phase in the lithium silicate phase as taught by Uchiyama. One of ordinary skill in the art would have been motivated to disperse silicon phase in lithium silicate phase to improve charge/discharge efficiency during the initial charge and discharge.
Regarding claim 8, Lahlouh fails to disclose silicon phase has a crystallite size in the range of 1 nm to 1000 nm.
Uchiyama discloses the crystallite size of silicon dispersed in the lithium silicate phase is 10 nm or more (para. 0021) overlapping with eh claimed range of 1 nm to 1000 nm (MPEP 2144.05 (I)). Uchiyama further discloses with the use of silicon particles that have a crystallite size of 10 nm or more, the surface area of the silicon particles can be reduced, and thus degradation caused by generation of irreversible capacity is unlikely to occur, and good cycle characteristics are easily achieved (para. 0021).
It would have been obvious to one of ordinary skill in the art at the time of the invention for the silicon phase to have a crystallite size as taught by Uchiyama. One of ordinary skill in the art would have been motivated to include the silicon silicate phase having the crystallites size of 10 nm or more to improve the cycle characteristics of the electrode.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lahlouh (US PG Pub. 2015/0125595) in view of Kim (US PG Pub. 2022/0359868 A1).
Lahlouh is relied upon as discussed above.
Regarding claim 9, Lahlouh fails to disclose the negative electrode active material particles contain a carbon phase and a silicon phase dispersed in the carbon phase.
Kim discloses anode active material including a primary silicon composite in which silicon nanoparticles are dispersed on a first amorphous carbon matrix (para. 0015) and a secondary silicon composite formed by a mechanism in which the primary silicon composite is assembled on a second amorphous carbon matrix by a network of carbon fibers (para. 0016 figure 1). Kim further discloses the first and second amorphous carbon matrices (ref. 111 and ref. 121, figure 1) surrounding the nanoparticles act as a buffer to minimize the volume change (para. 0034, 0051) and damage to electrodes can be minimized, and the contact between the silicon nanoparticles and the electrolyte can be inhibited. Because of this, safe lithium secondary batteries can be obtained (para. 0034).
It would have been obvious to one of ordinary skill in the art at the time of the invention for the silicon phase to be dispersed in the carbon phase as taught by Kim. One of ordinary skill in the art would have been motivated to disperse silicon phase in carbon phase to reduce damage to the electrode and a safe lithium secondary battery can be obtained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISWARYA MATHEW whose telephone number is (571)272-9515. The examiner can normally be reached M-F 9:00 AM - 3:00 PM.
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/I.M./
Iswarya MathewExaminer, Art Unit 1788 09/14/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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