DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
2. 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.
3. Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuno et al. (US-20190058189-A1, provided in IDS received on 28 May 2024) in view of Zeng et al. (EP-3675245-A1).
As to claim 1, Matsuno discloses an electricity storage device [0034] comprising:
a negative electrode active material layer including a negative electrode active material (figure 1, negative electrode active material layer 12, [0034] and [0051]),
the negative electrode active material including
first particles including silicon [0051], and
second particles that include silicon and are different from the first particles [0080], wherein
an average circularity CR1 of the first particle is 0.5 or more and 0.9 or less ([0080], 0.85), and
an average circularity CR2 of the second particles is more than 0.9 ([0080], 0.93).
However, Matsuno does not disclose wherein a ratio (D2/D1) between an average particle diameter D1 of the first particles and an average particle diameter D2 of the second particles is 0.1 or more and less than 1.
Zeng discloses negative electrode active material for a battery, wherein a ratio (D2/D1) between an average particle diameter D1 of the first particles and an average particle diameter D2 of the second particles is 0.1 or more and less than 1 (table 1, example 1, D2 is .27 µm and D1 is 2.2 µm, [abstract]) to ensure good electrical contact between the negative electrode active material particles. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electricity storage device as disclosed within Matsuno to further require that there is the ratio (D2/D1) between an average particle diameter D1 of the first particles and an average particle diameter D2 of the second particles is 0.1 or more and less than 1 to ensure good electrical contact between the negative electrode active material particles as disclosed within Zeng.
As to claim 2, modified Matsuno discloses the electricity storage device of claim 1, however, Matsuno does not disclose wherein a ratio (C2/C1) between a content C1 of the first particles and a content C2 of the second particles in the negative electrode active material is 0.5 or less.
Zeng discloses negative electrode active material for a battery, wherein a ratio (C2/C1) between a content C1 of the first particles and a content C2 of the second particles in the negative electrode active material is 0.5 or less ([0013], C1 is .1 and C2 is .9, [abstract]) to ensure good electrical contact between the negative electrode active material particles. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electricity storage device as disclosed within Matsuno to additionally require that there is the ratio (C2/C1) between a content C1 of the first particles and a content C2 of the second particles in the negative electrode active material is 0.5 or less to ensure good electrical contact between the negative electrode active material particles as disclosed within Zeng.
As to claim 3, modified Matsuno discloses the electricity storage device of claim 2, however, Matsuno does not disclose wherein a ratio (D2/D1) between an average particle diameter D1 of the first particles and an average particle diameter D2 of the second particles is 0.5 or less.
Zeng discloses negative electrode active material for a battery, wherein a ratio (D2/D1) between an average particle diameter D1 of the first particles and an average particle diameter D2 of the second particles is 0.5 or less (table 1, example 1, D2 is .27 µm and D1 is 2.2 µm, [abstract]) to ensure good electrical contact between the negative electrode active material particles. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electricity storage device as disclosed within Matsuno to further require that there is the ratio (D2/D1) between an average particle diameter D1 of the first particles and an average particle diameter D2 of the second particles is 0.5 or less to ensure good electrical contact between the negative electrode active material particles as disclosed within Zeng.
As to claim 4, modified Matsuno discloses the electricity storage device of claim 1, and Matsuno further discloses wherein the average particle diameter D2 of the second particles is 1 µm or more and 5 µm or less ([0079], diameter is between 1 µm and 15 µm). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 5, modified Matsuno discloses the electricity storage device of claim 1, and Matsuno further discloses wherein the first particles and the second particles both are composite particles of silicon and carbon [0076].
As to claim 6, modified Matsuno discloses the electricity storage device of claim 1, and Matsuno further discloses wherein the negative electrode active material layer further includes graphite particles [0088].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JEROME SCHULER whose telephone number is (571)272-8487. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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, Barbara Gilliam can be reached at 5712721330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.J.S./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights