DETAILED ACTION
Citation to the Specification will be in the following format: (S. # : ¶) where # denotes the page number and ¶ denotes the paragraph number of the pregrant publication corresponding to this application, US 2024/0282965. Citation to patent literature will be in the form (Inventor # : LL) where # is the column number and LL is the line number. Citation to the pre-grant publication literature will be in the following format (Inventor # : ¶) where # denotes the page number and ¶ denotes the paragraph number.
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 .
Status of Application; Restriction
Applicant’s election without traverse of Group I (Claims 1-7) in the reply filed on 6/18/2026 is acknowledged. The Remarks do not account for Group VI, but clearly elect Group I (Claims 1-7).
Claim(s) 1-18 is/are pending.
Claims 8-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected methods, materials, etc., there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/18/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on:
6/23/2025
1/9/2025
12/5/2023
are in compliance with the provisions of 37 CFR 1.97-1.98, except as noted below:
Non-Patent Literature Cite No. 1 on the 6/23/2025 IDS was filed without a translation. The reference is crossed off and is not considered. 37 CFR 1.98(a)(3).
Accordingly, the information disclosure statement is being considered by the examiner.
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.
I. Claims 5-7 – or as stated below – is/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 5 recites “0.3350 nm ≤ d002 ≤ 0.3380 nm formula (IV); and preferably, 0.3360 nm ≤ d002 ≤ 0.3370 nm.” Broad and narrow ranges in the same claim are indefinite. MPEP 2173.05(c).
Claim 6 recites “I1
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87
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10/I004 is greater than or equal to 0.30 formula (V); and preferably, 0.35 <I110/I004 0.85.” Broad and narrow ranges in the same claim are indefinite. MPEP 2173.05(c).
Claim 7 recites “an ash content of the graphite negative electrode material is less than or equal to 1000 ppm, and preferably, less than or equal to 500 ppm.” Broad and narrow ranges in the same claim are indefinite. MPEP 2173.05(c).
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.
I. Claim(s) 1-7 – or as stated below - is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang, et al., Catalytic Graphitization of Anthracite as an Anode for Lithium-Ion Batteries, Energy Fuels 2020; 34: 8911-8918 (hereinafter “Wang at __”).
With respect to Claim 1, this claim requires “[a] graphite negative electrode material.” Graphite is taught. (Sotowa 2: [0022]; passim). The “negative electrode material” is interpreted as an intended use, and is not accorded patentable weight. MPEP 2111.02. If the Applicant disagrees, please explain what this language requires beyond graphite. Alternatively or additionally, note anodes are taught. (Wang “Title,” passim).
Claim 1 further requires “wherein a crystal size Lc in a c-axis direction and a crystal size La in an a-axis direction, which are obtained by XRD, of the graphite negative electrode material, satisfy the following conditions: 30 nm ≤ Lc ≤ 70 nm formula (I); and 50 nm ≤ La ≤ 120 nm formula (II).” An Lc of 45.1 nm is taught. (Wang at 8913 Table 3, sample TXG/Ce). An La of 81.5 nm is taught. Id.
Claim 1 further requires “a graphitization degree of the graphite negative electrode material satisfies the following condition: 85 ≤ graphitization degree ≤ 93 formula (III).” A graphitization degree (G) of 89.53 is taught. Id.
As to Claim 2, an Lc of 45.1 nm is taught. Id.
As to Claim 3, an La of 81.5 nm is taught. Id.
As to Claim 4, a graphitization degree (G) of 89.53 is taught. Id.
As to Claim 5, notwithstanding the issues above, a d002 value of 0.3363 is taught. Id.
As to Claim 6, notwithstanding the issues above, the values appear taught. (Wang at 8913, Fig. 1).
As to Claim 7, Wang teaches “[t]he ash in anthracite was removed,” which is interpreted as reading on the claimed range. (Wang at 8912, col. 1).
II. Claim(s) 1, 2 and 5 – or as stated below - is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JPH07296814 to Sonobe, et al. (cited by Applicants; B82Y 99/00; 11-10-1995).
Citation is to the machine translation accompanying the office action.
With respect to Claim 1, this claim requires “[a] graphite negative electrode material.” A graphite negative electrode material is taught. (Sonobe at 3: “A secondary battery including a negative electrode made of such a graphite material…,” passim).
Claim 1 further requires “wherein a crystal size Lc in a c-axis direction and a crystal size La in an a-axis direction, which are obtained by XRD, of the graphite negative electrode material, satisfy the following conditions: 30 nm ≤ Lc ≤ 70 nm formula (I); and 50 nm ≤ La ≤ 120 nm formula (II).” Sonobe teaches Lc values of 15-50 nm and La values of 5-50 nm. (Sonobe at 3: “The crystallite size Lc (002) is more than 15 nm and not more than 50 nm, and the crystallite size La (110) in the a-axis direction is 5 to 50 nm.”).
Claim 1 further requires “a graphitization degree of the graphite negative electrode material satisfies the following condition: 85 ≤ graphitization degree ≤ 93 formula (III).” The graphitization degree (G) is calculated by the formula in the Specification, where d002 is a variable. (S. 2: [0027]). Sonobe teaches d002 values between 0.336-0.345 nm. (Sonobe 3: “Preferably, d002 is 0.336 to 0.345 nm, Lc (002) is more than 15 nm to 40 nm or less, La (110) is 10 to 50 nm, more preferably d002 is 0.337 to 0.342 nm, and Lc (002) is 20-40 nm and La (110) is 15-50 nm.”). Substituting 0.336 into the equation in the Specification gives a graphitization degree of 93.
As to Claim 2, the Lc values are taught. (Sonobe 3: “Preferably, d002 is 0.336 to 0.345 nm, Lc (002) is more than 15 nm to 40 nm or less, La (110) is 10 to 50 nm, more preferably d002 is 0.337 to 0.342 nm, and Lc (002) is 20-40 nm and La (110) is 15-50 nm.”).
As to Claim 5, notwithstanding the ambiguities noted above, the values are taught. (Sonobe 3: “Preferably, d002 is 0.336 to 0.345 nm, Lc (002) is more than 15 nm to 40 nm or less, La (110) is 10 to 50 nm, more preferably d002 is 0.337 to 0.342 nm, and Lc (002) is 20-40 nm and La (110) is 15-50 nm.”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL C. MCCRACKEN whose telephone number is (571) 272-6537. The examiner can normally be reached on Monday-Friday (9-6).
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/DANIEL C. MCCRACKEN/Primary Examiner, Art Unit 1736
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