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 with traverse of Species 1 and Subspecies A, an anode material with a core-shell structure with a connecting layer, a buffer layer connected to the buffer layer via a covalent bond, and a protective layer in the reply filed on 07/22/2026 is acknowledged. The traversal is on the grounds that the prior art cited in the restriction, Neale (US20200223704A1), does not disclose a connecting layer comprising at least one of an amorphous carbon material and a graphitized carbon material, and the buffer layer comprises a hollow carbon material as recited by amended claims 1, 3, and 5 of Species 1, 2, and 3.
The examiner acknowledges that Neale does not appear to disclose an anode material with this composition; however, the technical feature does not define a contribution over the prior art because it is unpatentable over Kim et al. KR102376217B1 (US20240105919A1 cited as English equivalent) in view of Schlogl et al. US20090220767A1 which discloses the shared technical features of claims Species 1, 2, and 3, in particular, the newly recited feature of a connecting layer comprising at least one of an amorphous carbon material and a graphitized carbon material, and a buffer layer comprising a hollow carbon material (see pp. 5-7 of this Office action).
Because the newly added feature is not a ‘special technical feature’, it fails to link the inventions. Therefore, the species remain distinct, and the original restriction requirement is maintained and made FINAL.
Species 1-3 are as follows:
Species 1, an anode material having a core-shell structure, the shell comprises a connecting layer, a buffer layer and a protective layer, and the connecting layer is connected to the buffer layer via a covalent bond, wherein the connecting layer comprises at least one of an amorphous carbon material and a graphitized carbon material, and the buffer layer comprises a hollow carbon material (see anode material prepared according to second aspect in instant specification [0011-0015]; [0018]), exemplified by claim 1;
Species 2, an anode material having a core-shell structure, the shell comprises a connecting layer, a buffer layer and a protective layer, and an average bonding force F between the connecting layer and the buffer layer is > 8 µN, wherein the connecting layer comprises at least one of an amorphous carbon material and a graphitized carbon material, and the buffer layer comprises a hollow carbon material (see anode material prepared according to first aspect in instant specification, [0005-0010]; [0018]), exemplified by claim 3;
Species 3, an anode material having a core-shell structure, a shell comprises a connecting layer and a protective layer, the protective layer comprises a conductive substrate and a hollow carbon material dispersed in the conductive substrate, wherein an average bonding force F between the connecting layer and the hollow carbon material is > 8 µN, wherein the connecting layer comprises at least one of an amorphous carbon material and a graphitized carbon material (see [0059] of the instant specification), exemplified by at least claim 5.
Species 1, 2, and 3 share the common technical feature of an anode material, wherein the anode material has a core - shell structure, wherein a core comprises a silicon-based active material, a shell comprises at least a connecting layer and a protective layer, the connecting layer is coated on the surface of the silicon-based active material, wherein the connecting layer comprises at least one of an amorphous carbon material and a graphitized carbon material.
This technical feature is not a is not a special technical feature as it does not make a contribution over the prior art in view of Kim et al. KR102376217B1 in view of Schlogl et al. US20090220767A1, which demonstrates a lack of novelty and/or inventive step as set forth on pp. 5-7 of this Office action.
Species 1 and Species 2 share the common technical feature of the anode material having the core-shell structure as described above, wherein the shell additionally comprises a buffer layer filled between the connecting layer and the protective layer, and the buffer layer comprises a hollow carbon material.
This technical feature is not a is not a special technical feature as it does not make a contribution over the prior art in view of Kim et al. KR102376217B1 in view of Schlogl et al. US20090220767A1, which demonstrates a lack of novelty and/or inventive step as set forth on pp. 5-7 of this Office action.
Claims 3,5-6,14,16 and 18-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species 2 and Species 3, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/22/2026
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 4, 6, 14, 17 and 19 are objected to because of the following informalities:
Claims 4, 6, and 14 recite limitations including a “…doping element-containing modified grapheme;” (emphasis by Examiner); in these instances, the underlined portion appears intended to recite “graphene” as based on ¶[0053] of the instant specification.
Claims 4 and 6 recite “the buffer layer comprises a hollow carbon material, and the hollow carbon material comprises at least one of hollow carbon sphere, hollow carbon rod and hollow carbon tube” (see feature previously designated (3)); in these instances, the underlined portions are minor typographical errors which should recite the article “a”, e.g., a hollow carbon rod.
An objection is further applied to Claims 17 and 19 as being dependent on the objected claims 4 and 6, respectively.
Appropriate correction is required.
Status of Claims
Applicant’s amendment and arguments filed 07/22/2026 have been fully considered. Claim(s) 1,3-7 and 14-19 is/are amended; claim(s) 3,5-6,14,16 and 18-19 are withdrawn; and claim(s) 8-13 has/have been canceled. Claims 1-7 and 14-19 are pending, of which, claims 1, 2, 4, 7, 15, and 17 are rejected. Examiner affirms that the original disclosure provides adequate support for the amendment.
Upon considering said amendment and arguments, the restriction set forth in the Office action mailed 05/26/2026 has been updated as presented 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.
Claims 1, 2, 4, 7, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. KR102376217B1 (US20240105919A1 cited as English equivalent) in view of Schlogl et al. US20090220767A1:
Regarding claim 1, Kim discloses an anode material, wherein the anode material has a core - shell structure ([0040-0041], FIG. 1).
Kim’s anode material is formed by coating a shell (300, “second shell”) around a precursor powder comprising a carbon material (100, “core”) coated by silicon particles (200, “first shell”) ([0049, 0040], FIG. 1). This precursor powder (100, 200) comprises about a majority (40-90% by mass) silicon ([0073]); accordingly, the material of the powder is broadly and reasonably interpreted as a “silicon-based active material” which is comprised by the core (100, 200) as claimed in claim 1.
The shell (300) comprises layers of a first crystalline carbon layer (310), a first amorphous carbon layer (320), a second crystalline carbon layer (330), and a second amorphous carbon layer (340) disposed on the core (100, 200) ([0050], FIG. 1). The first crystalline carbon layer (310) and first amorphous carbon layer (320) are applied to the core (“powder”) ([0077, 0078], FIG. 1) and based on their relative position, are broadly and reasonably interpreted as the connecting layer (310, 320) coated on the surface of the silicon-based active material as claimed in claim 1.
The second crystalline carbon layer (330) ([0053]) and the second amorphous carbon layer (340) ([0054]) are subsequently coated on the connecting layer (310, 320); as these layers are stacked in the same order as the buffer layer and conductive layer recited in claim 1, the layers are broadly and reasonably interpreted as a respective buffer layer (330) and second amorphous carbon layer (340) of claim 1, reading on the recitation “the shell comprises a connecting layer, a buffer layer and a protective layer, the connecting layer is coated on the surface of the silicon-based active material, the buffer layer is filled between the connecting layer and the protective layer” claimed in claim 1.
Kim notes a deficiency of prior art silicon-containing anode material structures lacking “uniform physical and chemical bonding” ([0007]), suggesting a desirability of forming chemical bonds (e.g., covalent bonds) in the anode material; Kim also appreciates a need to provide both strength and conductivity in the shell (310-340) (Kim [0076]). However, Kim fails to expressly disclose that the connecting layer is connected to the buffer layer via a covalent bond specifically as claimed in claim 1.
Kim’s buffer layer (330) is a layer of carbon fibers or carbon nanotubes applied to a surface of the connecting layer (310, 320), specifically, an amorphous carbon layer (320) (Kim [0053]). Schlogl (US20090220767A1), directed to a carbon-carbon composite material usable in a battery electrode (Schlogl [0213]), teaches an analogous structure of nanosize carbon (e.g. CNT or CNF) grown on the surface of a carbonaceous carrier particle using a catalyst and thermal treatment (Schlogl, abstract, [0262], FIG. 1e), the particles being made of amorphous carbon ([0071]). Schlogl further teaches that the nanosize carbon formation process forms covalent bonds (“carbon-carbon bonds or via bonds between carbon”) between the nanosize carbon and carbonaceous carrier particle ([0031]), improving the mechanical stability of the composite ([0034]) and improving the interface strength and electrical conductivity of the composite with surrounding materials ([0221-0222], p. 14 Table 2). These improvements would benefit Kim’s anode material, which must provide strength as well as high conductivity in the shell comprising the buffer layer (330) on an amorphous carbon surface of the connecting layer (310, 320) (Kim [0076, 0053]).
Thus, in seeking to improve the strength and conductivity of Kim’s shell, it would be obvious before the effective filing date of the instant application for one having ordinary skill in the art to utilize Schlogl’s method of growing CNT or CNF (i.e., the buffer layer) on an amorphous carbon surface (i.e., on the connecting layer) to form Kim’s buffer layer, resulting in a connecting layer connected to the buffer layer via a covalent bond as claimed in claim 1, with a reasonable expectation of success as Kim’s anode material utilizes the same overall structure (i.e., an amorphous carbon particle coated with CNT/CNF) as Schlogl’s composite and can thus use Schlogl’s method without changing the structure or principle of operation of the anode material, and because Kim suggests chemical bonds (e.g. covalent bonds) as being desirable in the anode material.
Furthermore, modified Kim’s connecting layer (310, 320) comprises an amorphous carbon material (“first amorphous carbon layer 320”) and a graphitized carbon material (“first crystalline carbon layer 310”) (Kim [0050]) as claimed in claim 1. The buffer layer comprises CNTs or CNFs as a carbon material, where CNT is hollow by definition as a tube, and the CNTs and CNFs are entangled with voids, i.e., hollowness between the fibers (Schlogl [0103-0104], [0266]); therefore, modified Kim discloses a buffer layer comprising a hollow carbon material (i.e., the tangled CNTs or CNFs) which fully reads on claim 1.
Regarding claim 2, modified Kim discloses the anode material according to claim 1.
Kim fails to expressly identify the elements in the covalent bond as claimed in claim 2. However, Schlogl, relied upon to teach growing the buffer layer (i.e., a layer of CNT, CNF) in an amorphous carbon surface of the connecting layer (Schlogl, abstract, [0262], FIG. 1e), notes that the covalent bonds comprise carbon-carbon bonds or bonds between carbon and any other non-carbon element in the
amorphous carbon ([0031]), typically N, S, or O in carbon black (an amorphous carbon) without additional treatment, e.g., oxidative treatments (Schlogl [0077]).
Kim does not appear to disclose additional treatments in forming the amorphous carbon of the connecting layer (Kim [0080-0081]); thus, modified Kim’s covalent bond inherently comprises a carbon-carbon bond, a carbon-oxygen bond, a carbon-nitrogen bond, and a carbon-sulfur bond.
Regarding claim 4, modified Kim discloses the anode material according to claim 1.
wherein the anode material comprises the following features:
an experimental embodiment of Kim’s anode material has a buffer layer comprising a hollow carbon material comprising a carbon nanotube (Kim [0111]), where CNT is hollow by definition as a tube. Thus, Kim exemplifies the selection of CNT as the hollow carbon material of the buffer layer with sufficient specificity such that it would be obvious to make the same selection in modified Kim’s anode material, and thus form the buffer layer comprising a hollow carbon material which comprises at least a hollow carbon tube (see feature previously designated (3));
the above experimental embodiment of Kim’s anode material has a buffer layer comprising a hollow carbon material comprising a carbon nanotube (i.e., hollow carbon tube); a length of the hollow carbon tube ranges from 5 to 50 µm (Kim [0111]), overlapping with the claimed range of 30nm to 20um between 5-20 µm. As such, a skilled artisan seeking to produce modified Kim’s anode material using CNTs in the buffer layer would have routinely selected within the overlapping portion of claim 4 (MPEP 2144.05 I) (see feature previously designated (9)).
the protective layer (340, “second amorphous carbon layer”) is coated on a surface of the buffer layer (330, “second crystalline carbon layer”) (Kim [0054]) (see previous feature (13));
the buffer layer comprises a hollow carbon material (Schlogl, [0266], see discussion of (3)), and as the protective layer (340) is formed on all or part of the (porous) surface of buffer layer (330), (Kim [0053]), and at least part of the protective layer is filled in a gaps formed by pores of the hollow carbon material (see feature previously designated (14));
the protective layer (340, “second amorphous carbon layer”) comprises an amorphous carbon material (Kim [0054]) (see feature previously designated (15)).
Regarding claims 7, 15, and 17, modified Kim discloses the anode material according to claims 1, 2, and 4, wherein the anode material comprises the following of features (1) to (12) recited in claims 7, 15, and 17:
Kim discloses the use of silicon ([0014]) but not silicon alloy in the silicon-based active material; Kim further discloses suppressing oxidation of silicon (i.e., SiOx formation from Si) in the anode material (Kim [0069]); thus, the silicon-based active material comprises Si (see feature (2))
Kim fails to explicitly disclose a mass of carbon content in the anode material, but notes the silicon particles of the silicon-based active material form 30-60% of the anode material by mass (Kim [0048]). Moreover, only silicon and crystalline/amorphous carbon are listed in the composition of the anode material (Kim [0014]); a skilled artisan would therefore expect the remaining mass to be mostly carbon. An inherent range of carbon element mass is thus approximately 40-70%, which falls within the claimed range of 5% to 80% (see feature (4)).
Kim fails to explicitly disclose a mass content of oxygen element in the anode material; however, Kim suppresses oxidation of silicon in the anode material (Kim [0069]) and does not use oxides of silicon in anode material; thus, little to no oxygen (i.e., ~0% mass) is present in the silicon-based active material. Schlogl further indicates that typical amounts of non-carbon elements (H, N, S, O) in carbon black (i.e., the shell layers) are only up to 8% mass (Schlogl [0077]). Accordingly, a mass content of oxygen element in the anode material is necessarily smaller than 20% (see feature (5)).
Kim produces an experimental embodiment of the anode material with a powder compaction density of 1.58 g/cm3 (Kim [0116]), which renders obvious the selection of a powder compaction density within the claimed range of 1.2g/cm3 to 1.8g/cm3 (see feature (7))
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVERETT T CHOI whose telephone number is (703)756-1331. The examiner can normally be reached Monday-Friday 11:00-8:00.
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/E.C./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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