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 .
Status of Claims
Claims 1-5 are currently pending.
Claim Rejections - 35 USC § 102
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 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.
Claim 5 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koike (US 2018/0145312 A1).
Regarding claim 5, Koike teaches a method for manufacturing a negative electrode for a battery, the method comprising the steps of: causing a water-insoluble cellulose compound to adhere to surfaces of silicon-based particles ([0074]-[0087], [0138] & [0140]); and forming a negative electrode active material layer by mixing the silicon-based particles with the water-insoluble cellulose compound adhering to the surfaces and carbon-based particles ([0145] & [0148]).
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Koike (US 2018/0145312 A1).
Regarding claims 1-4, Koike teaches a battery comprising a negative electrode comprising a negative electrode active material layer containing silicon-based particles (201) and carbon-based particles (300); wherein when a cross-sectional image of the negative electrode active material layer is observed, the negative electrode active material layer contains one silicon-based particle Ps surrounded by a plurality of carbon-based particles Pc and separated from the carbon-based particles Pc via a coating portion (202) comprising a water-insoluble cellulose compound contained in the region where the silicon-based particles Ps is separated from the carbon-based particles Pc ([0057], [0074]-[0087] & [0140]). Shin also discloses an average particle diameter C of the silicon-based particle Ps being 1 micron to 10 microns and an average particle diameter D of the carbon-based particles PC being 5 microns to 40 microns ([0073] & [0084]) such that a ratio D/C ranges from 0.5 to 40 which encompasses the claimed range of 1.5 to 2.8. Notwithstanding, Shin recognizes the ratio D/C as a result effective variable which affects the discharge capacity and the expansion of the anode ([0102]). Shin further the thickness of the coating portion being preferably less than about 1 micron ([0084] & [0096]). Thus, using the formula for the area of a circle (A=πr2 where r is the radius of the circle), when the thickness of the coating portion is just under 1 micron (i.e ~ 0.9 microns, for example), the corresponding maximum value and minimum value for the ratio B/A are calculated, respectively, as: [π x (1.9/2)2] / [π x (1/2)2] = 3.61 [π x (10.9/2)2] / [π x (10/2)2] = 1.19 Accordingly, the ratio B/A in Shin encompasses the presently claimed ranges of claims 1 and 2.
The corresponding maximum value for the ratio B/A is calculated as: but is silent as to: 1) a ratio D/C ranging from 1.5 to 2.8, where D is an average particle size of the carbon-based particles; and 2) a ratio B/A ranging from 1.05 to 3.10 where A is an average area of the silicon-based particle Ps and B is an average area of an ellipse of a perfect circle that is drawn in a region where the silicon-based particles Ps is separated from the carbon-based particles Pc, the ellipse or perfect circle having a maximum area containing the silicon-based particle Ps, and not overlapping contours of the carbon-based particles Pc.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BARBARA GILLIAM can be reached at (571)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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