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 .
Preliminary Amendments
Claims 1-9 are canceled. Claims 10-29 are newly added. Claims 10-29 are currently pending for examination.
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.
Claims 10-17 & 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi (US 2020/0335823 A1).
Regarding claims 10-17 & 29, Takahashi teaches a nonaqueous electrolyte secondary battery ([0105]) comprising: a positive electrode ([0106]-[0136]); a negative electrode comprising at least a silicon compound as a negative electrode active material particle ([0137]-[0147]); and a nonaqueous electrolyte comprising 0.1 mass% to 10 mass% of a silane compound represented by formula (1) where R1 is an aryl group in which a part or all of the hydrogen atoms in an aryl group having 6 to 20 carbon atoms is substituted with a fluorine atom; R2 represents an alkenyl group or an alkynyl group; with l+m=4 such that R3 is excluded (Table 2; [0053] & [0092]-[0094]). While Takahashi does not explicitly disclose the compound represented by formula 1 having a highest occupied orbital energy level of -8.8 eV or higher and the lowest unoccupied orbital energy level of -0.40 eV or lower, it is noted that Takahashi discloses the claimed compound represented by formula (1) as noted above. Accordingly, the claimed properties for the highest occupied orbital energy level and the lowest unoccupied orbital energy level of claims 11-13 would be expected to be satisfied by Takahashi’s silane compound. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)”. See MPEP 2112.01 I.
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 18-28 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US 2020/0335823 A1) in view of Takahashi (WO 2020/149133 A1, and using for citation purposes, corresponding US 2022/0069297 A1, hereinafter cited as Takahashi’297).
Regarding claims 18-25, Takahashi teaches the nonaqueous electrolyte of claims 10-17, respectively, wherein the negative electrode active material particle in the negative electrode contains a silicon oxide particle which can be combined with carbon ([0140]-[0147]) but is silent as to a carbon layer coated on the silicon oxide particle and the silicon oxide particle containing crystalline Li2SiO-3. Takahashi teaches a nonaqueous electrolyte secondary battery comprising a negative electrode including a negative electrode active material comprising a silicon oxide particle coated with a carbon layer, wherein the silicon oxide particle contains crystalline Li2SiO-3 ([0014]-[0020]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to incorporate crystalline Li2SiO-3 in Takahashi’s silicon oxide particle because it is possible to maintain a stable state without generating gas in an aqueous slurry, and consequently to improve the initial efficiency and the capacity retention rate as taught by Takahashi’297 ([0018]) and to further coat the silicon oxide particle with a carbon layer because appropriate electric conductivity is imparted, and the capacity retention rate and initial efficiency can be improved as taught by Takahashi’297 ([0018]).
Regarding claim 26, Takahashi as modified by Takahashi’297 teaches the nonaqueous electrolyte of claim 18. Takahashi’297 further teaches the negative electrode active material having a peak derived from a Si(111) crystal plane obtained by X-ray diffraction using Cu-Ka ray, a crystallite size corresponding to the crystal plane is 5.0 nm or less, and a A/B ratio (i.e corresponding to the inverse of the ratio Ib/Ia disclosed in Takahashi’297) of an intensity A of the peak derived from the Si (111) crystal plane relative to an intensity B of a peak derived from a Li2SiO3 (111) crystal plane is within a range of 0.4 to 1.0 (Table 1: Examples 1-1 & 1-8; [0056]-[0058], [0066] & [0078]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to set the claimed A/B ratio to range of 0.4 to 1.0 from the viewpoint of minimizing gas generation and thus improving slurry stability in aqueous solution as taught by Takahashi’297 ([0057]).
Regarding claims 27-28, Takahashi as modified by Takahashi’297 teaches the nonaqueous electrolyte of claim 10 but is silent as to wherein, when a potential of Li/Li+ is a 0-V standard, the silane compound represented by formula (1) is decomposed to form a coating on the negative electrode within a range of 0.23 V or higher (claim 27); and wherein, when the potential of Li/Li+ is a 0-V standard, the coating formed by decomposition of the silane compound represented by formula (1) has a stable state within a range of 0.70 V or higher (claim 28). However, as noted above, Takahashi as modified by Takahashi’297 teaches a nonaqueous secondary battery comprising a negative electrode including a silicon oxide particle with a carbon coating; and a nonaqueous electrolyte including a silane compound represented by the claimed formula (1). Accordingly, Takahashi’s silane compound would be expected to similarly decompose and form a coating having a stable state within a range of 0.70 V or higher when the potential of Li/Li+ is a 0-V standard. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)”. See MPEP 2112.01 I.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kakiage (JP 2019220415 A) teaches a nonaqueous electrolyte comprising 0.1 mass% to 10 mass% of a silane compound represented by formula (1) where R1 is an aryl group in which a part or all of the hydrogen atoms in an aryl group having 6 to 20 carbon atoms can be substituted with a fluorine atom or a fluoroalkyl group; R2 is a vinyl group; R3 is an alkyl group having 1 to 20 carbon atoms with l=m=1 (No.2-99 to No.2-103).
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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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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