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 .
Election/Restrictions
Applicant’s election without traverse of Group I, a silicon-containing negative electrode active material in the reply filed on 08/26/2026 is acknowledged.
Claims 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, III, or IV, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/26/2026.
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.
Claims 7 and 9 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 7 recites inter alia “material…wherein the hydroxyl group is present on the surface of the at least one MXene in an amount of 1 wt% to 10 wt%”. It is not clear whether the 1-10 wt% hydroxyl group weight percentage is defined relative to only the material at the MXene surface, or to the composition of the MXene as a whole.
For purposes of examination, it is interpreted that the weight is relative to the MXene as a whole; ¶[0047] of the instant specification recites “The MXene including a hydroxyl group on the surface
thereof may include the hydroxyl group in an amount of 1 wt% to 10 wt%, specifically 1 wt% to 2 wt%.” (emphasis by Examiner). This recitation appears directed to ‘the MXene’ in general, not specifically the surface of the MXene.
Claim 9 recites inter alia “silicon-containing negative electrode active material comprises the at least one MXene comprising a hydroxyl group on the surface in an amount of 0.5 wt% to 50 wt%”. It is not clear in this case whether the 0.5 wt% to 50 wt% refers to the weight of the hydroxyl groups or of the MXene.
For purposes of examination, it is interpreted that the weight refers to the weight of the MXene because the portions of the specification which support this limitation (see ¶[0049], inst. spec.) discuss effects to capacity of the electrode material, which would be understood to depend on the proportion of silicon and MXene. This recitation appears directed to the proportion of the MXene in the active material, not specifically the hydroxyl groups.
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.
Claims 1-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al. (CN-108682812-A; see attached machine translation), as evidenced by Wang et al. (CN-113066965-A; cited in 02/13/2024 IDS; see attached machine translation):
Regarding claim 1, Feng discloses a silicon-containing negative electrode active material (“MXene-coated silicon composite electrode material”) (machine translation, [0002]) wherein a MXene material and a cationic surfactant are coated onto the surface of a silicon powder ([0018-0019, 0032]); thus, the core comprises at least silicon particles and the surfactant on a surface of the silicon particles reading on a portion of claim 1.
The cationic surfactant is selected from a group consisting of cetyltrimethylammonium (“hexadecylmethylammonium”) as claimed in claim 1, as well as tetrabutylammonium, tetradecyl-dimethylpyridineammonium, hexadecylbenzenesulfonate, dialkylethanolamine methyl sulfate ammonium, trialkylammonium, trialkylmethylammonium, dimethyl diallyl ammonium, diethylaminoethyl acrylate ammonium, and triethanolamine distearate methyl sulfate ammonium, these being initially provided as salts of the surfactant ([0023]).
It would therefore be obvious before the effective filing date of the instant application for one having ordinary skill in the art to select cetyltrimethylammonium (i.e., hexadecylmethylammonium) as the cationic surfactant provided on a surface of the silicon particles as claimed in claim 1 from selecting within the finite group of suitable cationic surfactants disclosed by Feng in order to successfully form the silicon-containing negative electrode active material, where cetyltrimethylammonium is an identified, predictably successful solution present in Feng’s disclosure available to one of ordinary skill in the art (MPEP 2143 I. E).
Additionally, the at least one MXene is present disposed (“coated”) on the core (“the silicon”) ([0032]). While Feng does not expressly state that a hydroxyl group is present on a surface of the at least one MXene as claimed in claim 1, Wang (CN-113066965-A) evidences that hydroxyl groups are inherently present at the surface (see machine translation, Wang [n0004]).
Regarding claim 2, modified Feng discloses the silicon-containing negative electrode active material of claim 1. While not expressly specified by Feng, the inherent D50 of modified Feng’s silicon particles is within claim 2’s D50 range of 0.3 µm to 100 µm at least on a volumetric distribution; images of Feng’s silicon powder show a majority of the volume being visually present in larger particles in excess of 0.3 µm (300 nm); all particles are also less than 100 µm ([0041], see Annotated Feng FIG. 5 below, dashed line indicates 0.3µm at the scale of the caption).
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Annotated Feng FIG. 5
Regarding claim 3, modified Feng discloses the silicon-containing negative electrode active material of claim 1. Feng discloses an experimental embodiment comprising 1g silicon particles with 0.1 g tetrabutylammonium hydroxide as the cationic surfactant (a 10:1 weight ratio) (Example 1, [0050-0052]). It would therefore be obvious for one having ordinary skill in the art to select a 10:1 weight ratio of silicon particles to cetyltrimethylammonium as the cationic surfactant in modified Feng’s negative electrode active material as disclosed or suggested with sufficient specificity by Feng, which is at an endpoint of claim 3’s range of 10:1 to 10,000:1 (MPEP 2144.07).
Regarding claims 4-6, modified Feng discloses the silicon-containing negative electrode active material of claim 1. Feng discloses an experimental embodiment using Ti3C2 as the MXene (Example 1, [0052]); it would therefore be obvious to select Ti3C2 as modified Feng’s MXene under Feng’s disclosure or specific suggestion (MPEP 2144.07).
Ti3C2 is the species M3X2 in the group of claim 4 where M is a transition metal (Ti) and X is carbon, and is one of the MXenes in the group of claim 5 and is the MXene of claim 6 such that the above selection reads on claims 4-6.
Regarding claim 8, modified Feng discloses the silicon-containing negative electrode active material of claim 1. While an average size of the MXene is not expressly specified by Feng, the average size necessarily and inherently falls within the claimed range of 0.1 µm to 50 µm in claim 8 since, as shown by image, the MXenes have sizes visually ranging from a few µm to a few tens of µm ([0040], FIG. 4) which both fall within and necessarily constrain the average MXene size within the claimed range.
Regarding claim 9, modified Feng discloses the silicon-containing negative electrode active material of claim 1. Feng discloses an experimental embodiment comprising 1g silicon particles with 1 g MXene and 0.1g cationic surfactant (Example 1, [0050-0052]), thus comprising 47 wt% of the MXene.
It would therefore be obvious for one having ordinary skill in the art to include 47 wt% MXene in modified Feng’s silicon-containing negative electrode active material as disclosed or suggested with sufficient specificity by Feng, which falls within claim 8’s range of 0.5-50 wt% (MPEP 2144.07)
Claims 1, 3-6, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN-113066965-A; cited in 02/13/2024 IDS; see attached machine translation):
Regarding claim 1, Wang discloses a silicon-containing negative electrode active material (“MXene-silicon composite anode material”, machine translation [n0006]), comprising:
a core comprising silicon particles (“nano-silicon powder”) ([n0053]) with a cationic surfactant to impart a positive surface charge to the surface, ([n0030]) the cationic surfactant being hexadecylmethylammonium (i.e., cetyltrimethylammonium), trialkylammonium, or polydiallyl dimethylammonium provided as chloride salts. ([n0024]).
Thus, it would therefore be obvious before the effective filing date of the instant application for one having ordinary skill in the art to provide cetyltrimethylammonium (i.e., hexadecylmethylammonium) on a surface of the silicon particles as claimed in claim 1 by selecting within the finite group of suitable cationic surfactants disclosed by Wang in order to successfully form the silicon-containing negative electrode active material, where cetyltrimethylammonium is an identified, predictably successful solution present in Wang’s disclosure available to one of ordinary skill in the art (MPEP 2143 I. E).
Additionally, a hydroxyl group is inherently present on a surface of the at least one MXene as claimed in claim 1 ([n0004]).
Regarding claim 3, modified Wang discloses the silicon-containing negative electrode active material of claim 1. Wang provides an experimental embodiment wherein a weight ratio of silicon particles to the cationic surfactant (“PDDA”) is 30:1 (Example 1, [n0063]). It would therefore be obvious for a skilled artisan to select a 30:1 weight ratio of silicon particles to cetyltrimethylammonium as the cationic surfactant in modified Wang’s negative electrode active material as disclosed or suggested with sufficient specificity by Wang, which falls within the claimed range of 10:1 to 10,000:1 (MPEP 2144.07).
Regarding claims 4-6 and 10, modified Wang discloses the silicon-containing negative electrode active material of claim 1 with an experimental embodiment using Ti3C2 as the MXene (Example 1, [n0062]), thus disclosing or suggesting the use of Ti3C2 with sufficient specificity such that it would be obvious to do so.
Ti3C2 is the species M3X2 in the group of claim 4 where M is a transition metal (Ti) and X is carbon, and is one of the MXenes in the group of claim 5 and is the MXene of claim 6 such that the above selection reads on claims 4-6.
While Wang does not expressly conduct SEM EDS of the silicon-containing negative electrode active material as claimed in claim 10 where SEM EDS shows Ti atoms on a surface of the material to be 5 atom% or greater, modified Wang’s core (“nano-silicon powder”) is dispersed between layers of the MXenes to reduce contact between the silicon and the electrolyte ([n0066], FIG. 2), which would necessitate a substantial degree of surface coverage of the core by the MXenes for this effect. Moreover, the Ti3C2 MXene is provided as a majority of the solid content in the active material and is prepared similarly to Applicant’s material (inst. spec. [0090-0091], Wang [n0064]); since Wang’s Ti3C2 MXene is itself 60 atom% Ti and comprises a majority of the silicon-based negative electrode active material surface, one of ordinary skill in the art would expect SEM EDS analysis of Wang’s material to necessarily and inherently measure Ti atoms on the surface as being present in at least 5 atom% Ti or greater as claimed in claim 10.
Regarding claim 9, modified Wang discloses the silicon-containing negative electrode active material of claim 1, an experimental embodiment using a 1:1 weight ratio of MXene and silicon particles (Example 7, [n0079]), corresponding to a silicon-containing negative electrode active material comprising the at least one MXene in an amount of slightly less than 50 wt% (accounting for the weight of the silicon particles and cationic surfactant).
It would therefore be obvious for one having ordinary skill in the art to include slightly less than 50 wt% MXene in modified Wang’s silicon-containing negative electrode active material as disclosed or suggested with sufficient specificity by Wang, which falls within claim 9’s range of 0.5-50 wt% (MPEP 2144.07)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN-113066965-A) as applied to claim 1 as evidenced by, or in the alternative, in view of Hart et al. (Control of MXenes’ electronic properties through termination and intercalation; see attached copy):
Regarding claim 7, modified Wang discloses the silicon-containing negative electrode active material of claim 1 comprising hydroxyl groups on the surface ([n0004]), but fails to expressly specify a weight percentage of the hydroxyl group on the surface of the MXene as claimed in claim 7.
An experimental embodiment of Wang uses Ti3C2 as the MXene (Example 1, [n0062]), which is prepared by HF acid etching ([n0035-n0039]). Hart, a study of MXene surface chemistry (Hart, abstract), evidences that a comparable Ti3C2-type MXene (Ti3C2Tx; Tx containing the hydroxyl group, p. 2 col. 1) comprises about 3.6 wt% hydroxyl groups by weight ((OH)0.4 in the composition, see Ti3C2Tx in p. 2 Table 1), after preparation using a similar HF etching procedure (p2/c2/¶1, 3).
One of ordinary skill in the art would therefore expect a similar inherent hydroxyl weight of about 3.6 wt% to be present on the surface of Wang’s exemplary acid-etched Ti3C2 MXene, given the analogous MXene chemistry and production methods between Wang and Hart.
Moreover, it would be obvious to select the acid-etched Ti3C2 as modified Feng’s MXene under Wang’s disclosure or specific suggestion (MPEP 2144.07), thus inherently utilizing a MXene having 3.6 wt% hydroxyl groups present on the surface and reading on claim 7’s hydroxyl group weight range of 1wt% to 10 wt%.
Assuming arguendo that Applicant provides persuasive evidence modified Wang’s Ti3C2‑type MXene does not necessarily or inherently possess a surface hydroxyl group weight of 1-10 wt%, Hart further teaches that treating the MXene to desorb the hydroxyl group increases the MXene conductivity (Hart p2/c2/¶1). Wang recognizes the MXene conductivity as desirable but still relies at least some amount of hydroxyl groups on the surface to suitably induce a negative charge (Wang [n0004]).
It would therefore be obvious for one having ordinary skill in the art to utilize at least a portion of claim 7’s MXene surface hydroxyl group weight range of 1-10 wt% through seeking to improve the MXene conductivity by desorbing, i.e., reducing the amount of hydroxyl groups in modified Wang’s Ti3C2 MXene as taught by Hart while providing sufficient hydroxyl groups as required by Wang, with a reasonable expectation of success since Ti3C2 MXenes with hydroxyl group weights within the claimed range (i.e., 3.6 wt%, see Hart) are known and used in the art (MPEP 2144.05 II).
Conclusion
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/E.C./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 9/23/2026
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