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 .
Claim Objections
Claim 1 is objected to because of the following informalities: the D band and G band should be defined in the claim. Appropriate correction is required.
Claims 2-12 are objected to as being dependent on Claim 1.
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pang (US 20220109140 A1, cited in the 11/29/2023 IDS) in view of Hayner (US 20210359295 A1, cited in the 11/29/2023 IDS) and Yokoi (US 20180040886 A1).
Regarding Claims 1 and 10, Pang teaches a negative electrode material comprising silicon-containing particles comprising SiOx, where 0 < x < 2 (Abstract, 0015), and Li (Abstract, 0015 – silicate containing a metal element M; 0018 – the metal element M in the silicate is at least one selected from the group consisting of Li, Mg, Al, and Ca), and having a first carbon layer on at least a portion of a surface of the silicon-containing particles (Abstract).
Peng teaches that the mass fraction of carbon element in the negative electrode material can be between 1% and 25% (0022) and that the mass fraction of the M element, which can be Li (0018), ranges from 2% to 30% (0023) but does not disclose a ratio between the content of the carbon element to the combined content of the carbon element and lithium element. However, based on the above mass fractions, the ratio would range between 0.03 (1% carbon element, 30% lithium element) and 0.92 (25% carbon element, 2 % lithium element) which overlaps the claimed range of 0.6 or more. In terms of atomic %, the ratio would range between 0.02 ((1/12)/((1/12)+(20/7))) and 0.88 ((25/12)/((25/12)+(2/7))), which also overlaps the claimed range of 0.6 or more.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have routinely selected the overlapping portions of the disclosed element content ranges as the selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Pang does not disclose a second carbon layer or the values of the D or G bands.
Yokoi teaches a negative electrode active material comprising SiO-x with a first coating disposed on the surface of the SiOx and a second coating disposed on the first coating (Abstract). The second coating is formed on at least a portion of the first carbon coating/layer (0029, Fig. 2). The first coating facilitates the formation of a quality SEI film and the second coating enhances the conductivity of the active material (0026). The ratio between ID and IG is at least 1.2 (0047-0048). The particles may comprise lithium silicate (0023).
Pang and Yokoi are considered analogous to the claimed invention as they relate to the same field of endeavor, namely silicon-based active materials.
Therefore, it would have been obvious to one of ordinary skill to have replaced the carbon coating of Pang with the first and second carbon coatings of Yokoi in order to provide a quality SEI film and enhanced conductivity.
Modified Yokoi would also teach a method preparing the negative electrode active material of Claim 1 comprising forming silicon-containing particles comprising SiOx, wherein 0 < x < 2, and Li (Pang: 0029-0036) and having a first carbon layer on at least a portion of a surface of the silicon-containing particles and forming a second carbon layer on at least a portion of the first carbon layer (Yokoi: 0031-0032) (Claim 10).
Regarding Claim 2, modified Pang teaches the active material of Claim 1. The Li is present as a lithium silicate (0018).
Regarding Claims 3, 4, and 7, modified Pang teaches the negative electrode of Claim 1. Modified Pang does not explicitly disclose the presence of a lithium compound between the silicon-containing particle and the second carbon layer.
However, according to page 16 of the instant specification, the lithium compound is formed as a byproduct when reacting the silicon oxide with Li. It has been held that "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
In this case, the active material of modified Pang comprises the same materials in the same amounts as the present invention (See rejections of Claims 1-2, 5-6, and 8-9 above) and forms the active material by reacting silicon oxide with lithium (Pang: 0060). Thus, the active material would also comprise the same lithium compound between the silicon-containing particle and the second carbon layer (Claim 3), where the lithium compound is one of Li2O, LiOH, or Li2CO3 (Claim 4), and is present in an amount between 0.1 parts by weight to 3 parts by weight based on a total of 100 parts by weight of the negative electrode active material (Claim 7).
Applicant is invited to explain and provide evidence as to why any differences between the active material of modified Pang and the present active material would result in the active material of modified Pang not comprising the claimed lithium compound(s) in the claimed amounts.
Regarding Claim 5, modified Pang teaches the active material of Claim 1. The total amount of Li present in the negative electrode active material is between 2 mass% to 30 mass% (0023), which would overlap the claimed range of 5 parts by weight to 10 parts by weight based on a total of 100 parts by weight of the negative electrode active material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have routinely selected the overlapping portions of the disclosed element content ranges as the selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Regarding Claims 6, 8, and 9, modified Pang teaches the active material of Claim 1. Modified Pang does not disclose the weight percent of each carbon layer.
Yokoi teaches that the overall carbon coating is preferably formed in a ratio of 0.5 to 10 mass % relative to the mass of the SiOx particles, that the first carbon coating/layer is preferably formed in a ratio of 1 to 3 mass % relative to the mass of the SiOx particles, and that the second carbon coating/layer is preferably formed in a ratio of 1 to 3 mass % (0029). This would be equivalent to the overall carbon coating (combined first and second carbon coatings/layers) being present in an amount of 0.49 (0.5/(0.5+100)) to 9.1(10/(100+10)) parts by weight based on 100 parts by weight of the negative electrode active material and the first and second carbon coating layers both independently being present in an amount of 0.96 (1/(1+3+100)) to 2.9 (3/(3+1+100)) parts by weight based on 100 parts by weight of the negative electrode active material. These ranges would overlap the claimed ranges of the total amount of the first carbon layer and the second carbon layer being present in an amount of 2 to 10 parts by weight (Claim 9), the first carbon layer present in an amount of 1 to 5 parts by weight (Claim 6), and the second carbon layer present in an amount of 1 to 5 parts by weight (Claim 8), based on 100 parts by weight of the negative electrode active material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have routinely selected the overlapping portions of the disclosed carbon coating/layer content ranges as the selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Regarding Claim 11, modified Pang teaches the negative electrode active material of Claim 1 and a negative electrode comprising the active material (0159).
Regarding Claim 12, modified Pang teaches the negative electrode of Claim 11 and a secondary battery comprising the negative electrode (0159).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pang and Yokoi as applied to claim 1 above, and further in view of Kamo (US 20160351947 A1).
Regarding Claim 3 and 4, modified Pang teaches the active material of Claim 1. Modified Pang does not explicitly teach that a lithium compound is present between the silicon-containing particle and the second carbon layer, where the lithium compound is at least one of Li2O, LiOH, and Li2CO3.
Kamo teaches a negative electrode active material comprising a silicon compound expressed by SiOx, where 0.5 ≤ x ≤ 1.6 (Abstract). The silicon compound can be at least partially coating with a carbon coating (0020). The silicon compound can contain on its surface a lithium compound such as Li2CO3, Li2O, or LiOH (0034) which results in an improved powder storage property (0093). The silicon compound may be coated with the lithium compound prior to the carbon coating (0112).
Kamo is considered analogous to the claimed invention as it relates to the same field of endeavor, namely silicon-based active materials.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the particles of modified Pang by adding one of Li2CO3, Li2O, or LiOH as taught by Kamo in order to provide an improved powder storage property. This would result in the active material of modified Pang comprising a lithium compound between the silicon-containing particle and the second carbon layer.
Claim(s) 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pang and Yokoi as applied to claim 1 above, and further in view of Choi (US 20200099052 A1).
Regarding Claims 3, modified Pang teaches the active material of Claim 1. Modified Pang does not explicitly teach that a lithium compound is present between the silicon-containing particle and the second carbon layer, where the lithium compound is present in an amount of 0.1 to 3 parts by weight based on 100 parts by weight of the negative electrode active material.
Choi teaches a silicon-based active material comprising a carbon coating layer including a fluorinated material including at least one of an alkali metal or an alkaline earth metal (Abstract). The fluorinated material may be a lithium compound such as LiF (0023) and may be included in an amount of 0.1 wt % to 20 wt % based on a total weight of the coating layer (0024). This allows the resistance of the battery to be reduced and the formation of a stable SEI film (0025).
Choi is considered analogous to the claimed invention as it relates to the same field of endeavor, namely silicon-based active materials.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified to carbon coatings of modified Pang to comprise LiF in an amount of 0.1 wt % to 20 wt% based on the total weight of the coating layer as taught by Choi in order to reduce the resistance of the battery and form a stable SEI film.
This would result in a lithium compound being present between the silicon-containing particle and the second carbon layer (Claim 3). Yokoi teaches that the overall carbon coating is preferably formed in a ratio of 0.5 to 10 mass % relative to the mass of the SiOx particles (Yokoi: 0029), meaning that the lithium compound would be present in an amount of 0.05 (0.1*0.5) to 2 (0.2*10) parts by weight based on 100 parts by weight of the negative electrode active material. This overlaps the claimed range of 0.1 to 3 parts by weight (Claim 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have routinely selected the overlapping portions of the disclosed weight ranges as the selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen (US 20240304820 A1) teaches an anode material including an active substance, a buffer layer formed on the substance, and a carbon layer formed on the buffer layer (Abstract). The active substance can be SiOx, where 0 < x < 2 (0036), and the buffer layer can comprise Li2O (0046). The buffer layer may comprise 0.05% to 20% by mass of the anode material (0025). However, Chen does not have an effective filing date prior to the effective filing date of the present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIHENG LU whose telephone number is (703)756-1077. The examiner can normally be reached Monday-Friday 8:30 - 5 ET.
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/ZIHENG LU/Examiner, Art Unit 1752
/Maria Laios/Primary Examiner, Art Unit 1727
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