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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Ishiwatari (US 20240055607 A1).
Regarding claim 1, Ishiwatari discloses an anode material (para. 0008, the anode material of the invention is comprised of a carbon material), comprising artificial graphite (para. 0101, [the raw material of a carbon material is graphite, is preferably natural graphite and artificial graphite]), wherein an interior and/or a surface of the artificial graphite has pores (para. 0184 discusses the cumulative pore volume of the carbon material, which indicates that pores exist in an interior and or a surface), and
the anode material has
a pore volume of V cm³/kg (para. 0204, [carbon material has a cumulative pore volume of preferably from 0.003 mL/g to 0.120 mL/g]) (0.003 mL/g to 0.120 mL/g is equivalent to 3 cm3/kg to 120 cm3/kg),
a specific surface area of S m²/g (para. 0201, [the carbon material composition has a specific surface area of preferably from 1.0 to 11.0 m2/g]), and
a tap density of T g/mL, (para. 0202, [the carbon material composition has a tap density of preferably from 0.70 g/cm3 to 1.40 g/cm3]);
where 8.5≤V*S/T≤27 (the ranges of V, S, and T meet the limitations as presented in claims 2-4 of the instant, and therefore meet the limitation as recited)
and calculated in a pore size range of 17Å to 3000Å (claim 1, [wherein a cumulative pore volume in a range where a pore diameter is equal to or smaller than a pore diameter at a local minimum value] and claim 3 states that [the pore diameter at a peak top of the peak of the smallest pore diameter is 500 nm or less]) (It is noted that 500 nm or less is equivalent to 5000 Å or less.)
by using a model of BJH Desortation cumulative volume of pores (Ishiwatari teaches the pore size distribution as required by claim 1, and it would be expected that a model of BJH Desortation would obtain a measurement of 5000 Å or less as taught by Ishiwatari).
Regarding claim 2, Ishiwatari discloses the anode material according to claim 1, wherein the pore volume of the anode material is V cm³/kg, where 5.0≤V≤8.0 (para. 0204, [carbon material has a cumulative pore volume of preferably from 0.003 mL/g to 0.120 mL/g]) (0.003 mL/g to 0.120 mL/g is equivalent to 3 cm3/kg to 120 cm3/kg).
Regarding claim 3, Ishiwatari discloses the anode material according to claim 1, wherein the specific surface area of the anode material is S m²/g, where 1.78≤S≤3.00 (para. 0201, [the carbon material composition has a specific surface area of preferably from 1.0 to 11.0 m2/g]).
Regarding claim 4, Ishiwatari discloses the anode material according to claim 1, wherein the tap density of the anode material is T g/mL, where 0.734≤T≤1.160 (para. 0202, [the carbon material composition has a tap density of preferably from 0.70 g/cm3 to 1.40 g/cm3]).
Regarding claim 5, Ishiwatari discloses the anode material according to claim 1, wherein the anode material satisfies at least one of following features:
(1) the pores comprise at least one of meso-pores (para. 0054, [the pore diameter … is preferably 500 nm or less. The lower limit of the pore diameter is not particularly limited, and is generally 5 nm) (para. 0064 of the instant specification describes meso-pores as pores with a diameter between 2 nm and 50 nm)
Regarding claim 6, Ishiwatari discloses the anode material according to claim 1, wherein the anode material has a crystal plane spacing d002 of a plane (002) of a graphite crystal determined by X-ray diffraction, where 3.356 Å ≤ d002 ≤ 3.364 Å
(para. 0063, carbon material (A) has a d002 value of 3.357 Å or less)
(para. 0178, carbon material (B) has a d002 value of 3.357 Å or less).
Regarding claim 7, Ishiwatari discloses the anode material according to claim 1, wherein the anode material has a particle size D50 ranging from 10µm to 30µm
(para. 0074, [carbon material (A) has a volume-based average particle diameter of preferably 1 to 50 µm)
(para. 0180, [carbon material (B) has a volume-based average particle diameter of preferably 1 to 50 µm).
Regarding claim 9, Ishiwatari discloses the anode material according to claim 1, wherein the anode material satisfies at least one of following features:
(1) the anode material further comprises amorphous carbon (claim 1, a carbon material comprising a carbon material (A), wherein the carbon material (A) contains an amorphous carbonaceous material)
Regarding claim 10, Ishiwatari discloses t battery, comprising an anode material according to 1 (claim 12).
Regarding claim 11, Ishiwatari discloses the anode material according to claim 1, wherein the pore volume is tested by using ASAP2460 device from American Micromeritics Instrument Ltd (Ishiwatari teaches the pore volume as required by claim 1, and it would be expected that using the ASAP2460 device from American Micromeritics Instrument Ltd would obtain a pore volume of [0.003 mL/g to 0.120 mL/g which is equivalent to 3 cm3/kg to 120 cm3/kg ], as taught by Ishiwatari).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ishiwatari (US 20240055607 A1) as applied to claim 1 above, and further in view of Piao (US 20190088947 A1).
Regarding claim 8, Ishiwatari discloses the anode material according to claim 1.
Ishiwatari does not teach that the anode material comprises artificial graphite primary particles and/or artificial graphite secondary particles.
Piao, in the same field of endeavor, anode materials, teaches that the anode material comprises artificial graphite primary particles and/or artificial graphite secondary particles (para. 0020, [a negative electrode active material layer including first active material particles each in the form of a secondary particle in which a plurality of primary particles are agglomerated … the first active material particle may be artificial graphite]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used artificial graphite in the form of secondary and primary particles in Ishiwatari’s anode material, as taught by Piao, in order to excellently absorb lithium ions and improve charging and discharging characteristics of the battery, as taught by Piao (para. 0021).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
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, Allison Bourke can be reached at (303) 297-4684. 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.
/V.G./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
Prosecution Insights