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 .
DETAILED ACTION
Status of Application
1. This application is a 371 of PCT/EP2022/087133, which was filed on 12/20/2022.
Claims 1-16 were originally canceled in this application.
Claims 17-36 were originally presented in this application.
Claims 17-36 are currently pending in this application and under consideration.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 01/22/2026 has been made of record and entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
An initialed copy of the IDS accompanies this office action.
Specification
3. The examiner has not checked the specification to the extent necessary to determine the presence of all possible minor errors (grammatical, typographical, and idiomatic). Cooperation of the applicant(s) is requested in correcting any errors of which applicant(s) may become aware of in the specification, in the claims and in any further amendment(s) that applicant(s) may file.
Applicant(s) is also requested to complete the status of the copending applications referred to in the specification by their Attorney Docket Number or Application Serial Number, if any.
The status of the parent application(s) and/or any other application(s) cross-referenced to this application, if any, should be updated in a timely manner.
4. The abstract of the disclosure is objected to because: it is too short and not descriptive. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
5. Claims 17-19, 28, & 31-32 are objected to because of the following informalities:
A. In claim 17, line 5, “target” should be deleted.
B. In claim 17, line 6, --regular-- should be inserted before “operation”.
C. In claim 17, line 9, -- - -- should be inserted after “operation”.
D. In claim 17, line 13, -- - -- should be inserted after “A”.
E. In claim 17, line 13, “recited target” should change to --Si--.
F. In claim 17, last line, “recited target” should change to --Si--.
G. In claim 18, line 1, “target” should be deleted.
H. In claim 19, line 1, “target” should be deleted.
I. In claim 28, line 5, “target” should be deleted.
J. In claim 28, line 6, --regular-- should be inserted before “operation”.
K. In claim 28, line 15, “recited target” should change to --Si--.
L. In claim 28, line 16, “recited target” should change to --Si--.
M. In claim 31, line 1, “target” should be deleted.
N. In claim 32, line 1, “target” should be deleted.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b) (Second Paragraph)
6. 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 17-36 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.
A. Regarding claims 17 & 28, it would appear that the claims are not positively reciting the steps for the claimed process. The claims should be amended to particularly point out each step required for the claimed process.
B. Regarding claim 17, the claim recites “during the at least one stage A 0.1% to 50% of the recited target content is deposited or that during two or more of the at least one stage A altogether at most 50% of the recited target content is deposited”. This appears improper because the claim requires “at least one stage A” then the claim also requires “two or more of the at least one stage A”, which is claiming multiple ranges for the same limitation. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite. See MPEP § 2173.05(c).
C. Regarding claims 18, 20-23, 29-31, & 33, the phrase "preferably" and “particularly” renders the claims indefinite because they are unclear whether the limitation(s) following the phrases are part of the claimed invention. See MPEP § 2173.05(d).
D. Regarding claims 18, 20-23, 29-31, & 33, the claims recite multiple ranges for the content of Si, the T, the C, etc. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance, claim 18 recites the broad recitation “40% to 55% by weight”, and the claim also recites “42% to 50% by weight”, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
E. Regarding claims 27 & 36, the Markush terminology in the claims appears improper because “comprising” is used as opposed to “consisting of”. See MPEP Chapter 2111.03. The particular format used (e.g., alternatives may be set forth as "a material selected from the group consisting of A, B, and C" OR "wherein the material is A, B, or C").
F. Regarding claims 19 & 32, the Markush terminology in the claims appears improper because “comprising” is used as opposed to “consisting of”. See MPEP Chapter 2111.03.
*Claims 24-26 & 34-35 are rejected because they depend on rejected claims and they do not cure the indefiniteness.
Allowable Subject Matter
7. Claims 17-36 are allowable over the prior art made of record. The following is a statement of reasons for the indication of allowable subject matter:
*The claims would be allowable if rewritten to overcome the Claim Objections and rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
GB 2580110 B is identified as the most relevant art which discloses a process for preparing composite particle comprising depositing electroactive material (Si) into the micropores and/or mesopores of the porous carbon frameworks by thermal decomposition (see page 42, claims 1-2). The process is performed at a temperature in the range of 200-1200oC, 400-700oC, 450-550oC, or 450-500oC (see page 42, claim 4). The composite particles comprise 30-80 wt% or 45-65 wt% silicon (see page 42, claim 33). The precursor may be used in an amount in the range from 0.5-20 vol% (see page 22, lines 20-21). The porous carbon framework may comprise crystalline carbon or amorphous carbon, or a mixture thereof. The porous carbon framework may be either a hard carbon or soft carbon framework (see page 12, lines 20-33). Suitable silicon-containing precursors include silane (SiH4), disilane (Si2H6), trisilane (Si3H8), methylchlorosilanes or dimethylchlorosilane (see page 21, lines 30-34). The disclosed process is carried out at a pressure at or close to 101.3 kPa (i.e. at atmospheric pressure, 1 atm) (see page 22, lines 22-23). The disclosed process is a continuous process (see page 42, claim 11).
GB 2580110 B appears to teach the same process for producing silicon composite using the same silicon precursor and porous particles (carbon) as claimed (see page 42, claims 1-2). The claimed temperature range of 300oC to 500oC appears falling within the disclosed temperature range of 200-1200oC broadly and 450-500oC specifically (see page 42, claim 4; Example 1). The deposited Si content at 35% to 60% by weight of the silicon composite appears met by the teaching of the reference because it falls within the disclosed range of 30-80 wt% (see page 42, claim 33).
However, the reference does not teach the claimed Si precursor concentration C of “30% to 100% by volume” and also does not teach the claimed feature as defined in the instant claims 17 & 28 on “wherein the process comprises at least one stage A in which a change ∆ in at least one of the parameters T and C relative to regular operation, and optionally relative to a further stage A is affected;
wherein ∆T = 10°C to 130°C;
wherein ∆C = 2% to 70% by volume; and
wherein during the at least one stage A, 0.1% to 50% of the Si content is deposited or that during two or more of the at least one stage A altogether at most 50% of the Si content is deposited”.
There would be no motivation to combine the teachings of the prior art references together to arrive to the claimed invention.
Citations
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All references are cited for related art. See PTO-892 Form prepared.
US 7,708,970 B2 (relates to a process for preparing polycrystalline silicon by thermal decomposition using silane as Si precursor).
US 10,454,103 B2; US 10,714,744 B2; and US 11,495,793 B2 (relate to a method for preparing silicon-carbon composite from silane gas by thermal decomposition, wherein the silicon is deposited in the pores of the porous carbon).
US 12,525,609 B2 (relates to a method for manufacturing silicon-nanographite aerogel by thermal decomposition).
US 2023/0092576 A1 (relates to a method for manufacturing amorphous silicon-containing particles having a chemical compound Si(1-x) Cx and using silane as Si precursor).
US 2023/0234852 A1 (relates to a method for producing a carbon coated Si-C composite particles, wherein the Si is deposited in the pores and on the surface of the porous carbon).
US 2023/0348280 A1 (or US 12,606,443 B2) (relates to a process of preparing silicon-containing composite particles comprising Si and carbon by thermal decomposition).
US 2023/0373796 A1 (relates to a process of preparing silicon-containing composite particles comprising Si and carbon by thermal decomposition).
US 2023/0395774 A1 (or US 12,476,237 B2) (relates to a process of preparing silicon-containing composite particles comprising Si and carbon by thermal decomposition).
Conclusion
9. Claims 17-36 are pending. Claims 17-36 are rejected. No claims are allowed.
Contacts
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner CAM N. NGUYEN whose telephone number is (571)272-1357. The examiner can normally be reached on M-F (8:30 am – 5:00 pm) at alternative worksite or at cam.nguyen@uspto.gov.
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, Anthony Zimmer, can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Cam N. Nguyen/Primary Examiner, Art Unit 1736
/CNN/
June 25, 2026
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