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 § 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.
Claim 8 is 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 8 recites the limitation “…the organic filler is selected from the group consisting of plastic microparticles, benzoic acid, sodium benzoate, sorbic acid, potassium sorbate, calcium propionate, and dehydroacetates; the inorganic filler is selected from the group consisting of metal nanoparticles, metal oxides, metal nitrides, calcium carbonate, hydrous magnesium silicate, mica, hydrated silica, and silica…”. However, claim 8 depends on claim 6 which optionally includes an organic filler and an inorganic filler. This limitation renders the claim indefinite because it is unclear whether the organic filler and/or the inorganic filler are required or optional in claim 8. For the purposes of this Office Action, the organic filler and inorganic filler are assumed to be optional.
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.
Claim(s) 1-2, 6, 8, 10, 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN110190252A, refer to English machine translation by EPO.
Regarding claim 1, CN110190252A discloses a complex formed by metal lithium and a network skeleton material having a lithiophilic modification layer (metal lithium carbon composite material, see Title, Abstract), wherein the complex comprises:
a porous skeleton which is a network skeleton having a lithiophilic modification layer, formed by intertwining a carbon composite material, wherein the carbon composite material comprises a crystalline carbonaceous material and an amorphous carbonaceous wrapping layer covering a surface of the crystalline carbonaceous material, and the amorphous carbonaceous wrapping layer forms the lithiophilic modification layer (spherical or spheroidal support of said carbon, said spherical or spheroidal carrier of carbon being composed of nano-based carbon, and the nano-based carbon material is partially graphitized, see p.1), and
metal lithium filled in pores of the porous skeleton (metallic lithium formed in the pores, see p.1).
Regarding claim 2, CN110190252A discloses all of the claim limitations as set forth above. CN110190252A further discloses the crystalline carbonaceous material comprises at least one selected from the group consisting of a carbon nanotube, graphene, a carbon fiber, a carbon-based metal oxide fiber, and a carbon-based covalent organic fiber (carbon nanotubes, nano carbon fibers, graphene, see p.2); and the amorphous carbonaceous wrapping layer is a carbonized product of an organic material, which is blended with the crystalline carbonaceous material, wherein the organic material is selected from the group consisting of an organic binder, an organic filler, and a crosslinker (graphitized, polymeric surfactant, see p.2).
Regarding claim 6, CN110190252A discloses all of the claim limitations as set forth above. CN110190252A further discloses method for preparing the complex according to claim 1 (preparation method, see Title, Abstract; see rejection of claim 1 above), wherein the method comprises:
Step 1: mixing an organic binder, a filler, a crosslinker and a solvent uniformly to obtain a mixture, wherein the filler comprises a crystalline carbonaceous material, and optionally an organic filler and an inorganic filler (Step 1, see p.2);
Step 2: pre-drying the mixture obtained in Step 1 to remove the solvent (Step 1 includes spray drying, see p.2);
Step 3: heating the material obtained in Step 2 under an inert atmosphere at a temperature in a range from 300° C. to 1200° C. and then cooling the material to obtain a porous skeleton (Step 2 including carbonizing at 500-1000°C, see p.2); and
Step 4: impregnating the porous skeleton obtained in Step 3 with molten lithium to obtain the lithium carbon complex material (Step 4, metal lithium co-melted, see p.2).
Regarding claim 7, CN110190252A discloses all of the claim limitations as set forth above. CN110190252A further discloses a mass ratio of the organic binder, the filler, the crosslinker and the solvent is (4-15 parts):(10-30 parts):(0.01-20 parts), and
wherein a mass proportion of the crystalline carbonaceous material in the filler is in a range from 15% to 100% (20-400 parts) (Example 1 including 70g cationic starch, 30g Ni(CH3COO)2.4H2O, 500 ml deionized water, 30g Ketjen black, see p. 2-3).
Regarding claim 8, CN110190252A discloses all of the claim limitations as set forth above. CN110190252A further discloses the organic binder is selected from the group consisting of polyvinyl alcohol, polyvinylidene fluoride, polybutylene styrene, polystyrene, polycarboxycellulose, cyanoacrylates, polyacrylic acid, cyclodextrins, cyclic ether derivatives, polyurethanes, methacrylates, epoxy resins, vinyl acetate polymer, polyimides, organic fluoropolymers, organosiloxanes, polyethylene glycol, polyethylene, polyvinyl chloride, polypropylene, glycerin, ethylparaben and its derivatives, and monosaccharide or polysaccharide polymers (polyvinylpyrrolidone, cationic starch, carboxymethylcellulose or hydroxypropylcellulose, see p.2); the organic filler is selected from the group consisting of plastic microparticles, benzoic acid, sodium benzoate, sorbic acid, potassium sorbate, calcium propionate, and dehydroacetates; the inorganic filler is selected from the group consisting of metal nanoparticles, metal oxides, metal nitrides, calcium carbonate, hydrous magnesium silicate, mica, hydrated silica, and silica; the crosslinker is selected from the group consisting of macromolecular polymers of acrylic acid bonded with allyl sucrose or pentaerythritol allyl ether, benzoyl peroxide, diethylenetriamine, sodium borate hydrate, cellulose derivatives, and isothiazolinone (polyvinylpyrrolidone, cationic starch, carboxymethylcellulose or hydroxypropylcellulose, see p.2); and the solvent is selected from the group consisting of water, tetrachloroethylene, toluene, turpentine, acetone, methyl acetate, ethyl acetate, pentane, n-hexane, cyclohexane, octane, lemonile, alcohol, xylene, toluene, cyclohexanone, isopropyl alcohol, diethyl ether, propylene oxide, methyl butanone, ethylene glycol monomethyl ether, ethylene glycol monoethyl ether, ethylene glycol monobutyl ether, acetonitrile, pyridine, phenol, and ethylenediamine (water, see p.2).
Regarding claim 10, CN110190252A discloses all of the claim limitations as set forth above. CN110190252A further discloses in the lithium carbon complex material obtained in Step 4, a mass ratio of the porous skeleton to the metal lithium is in a range from 1:0.1 to 1:6 (4g of carbon spheres and 6g of lithium metal, see p.3).
Regarding claim 12, CN110190252A discloses all of the claim limitations as set forth above. CN110190252A further discloses a metal lithium negative electrode comprising the complex according to claim 1 (negative electrode, see p.3; see rejection of claim 1 above).
Regarding claim 13, CN110190252A discloses all of the claim limitations as set forth above. CN110190252A further discloses a metal lithium battery comprising the metal lithium negative electrode according to claim 12 (lithium ion battery, see p.3; see rejection of claim 12 above).
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.
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.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN110190252A, refer to English machine translation by EPO, as applied to claims 1-2, 6-8, 10, 12-13 above, in view of CN110444767B, refer to English machine translation by EPO.
Regarding claim 3, CN110190252A discloses all of the claim limitations as set forth above. However, CN110190252A does not disclose the complex is in a belt form, wherein the belt has a thickness in a range from 1 μm to 1000 μm and a width in a range from 5 mm to 1 m.
CN110444767B discloses a three-dimensional current collector for metal lithium negative electrode which is a nano network with a porous structure formed by woven carbon nanotubes or carbon nanotube bundles, wherein the three-dimensional current collector material has a thickness of 6-20 µm and punched to form a disc with a diameter of 10 mm (see Title, Abstract, p.4,7).
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Claim(s) 4-5, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN110190252A, refer to English machine translation by EPO, as applied to claims 1-2, 6-8, 10, 12-13 above, in view of Ren et al. (US 20160211511A).
Regarding claim 4, CN110190252A discloses all of the claim limitations as set forth above. However, CN110190252A does not disclose the amorphous carbonaceous wrapping layer has a thickness in a range from 10 nm to 600 nm.
Ren discloses a nano-silicon composite negative electrode material, including an amorphous carbon coating layer having a thickness from 150-500 nm, to effectively reduce the cycle expansion of the material while ensuring high capacity, and to increase cycle performance, so as to prepare silicon-based negative electrode material having high capacity and long service life (see Title, Abstract, [0007], [0018]).
CN110190252A and Ren are analogous art because they are concerned with the same field of endeavor, namely carbon composite material for negative electrodes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify CN110190252A by incorporating an amorphous carbon coating layer having a thickness from 150-500 nm because Ren teaches improved negative electrode performance.
Regarding claim 5, CN110190252A discloses all of the claim limitations as set forth above. However, CN110190252A does not disclose the amorphous carbonaceous wrapping layer further comprises metal nanoparticles embedded therein or on a surface thereof, wherein the metal nanoparticles have a size in a range from 5 nm to 800 nm.
Ren discloses a nano-silicon composite negative electrode material, including graphite matrix and nano-silicon material homogeneously deposited inside the graphite matrix, wherein the nano-silicon material has an average particle size of 100-500 nm, to effectively reduce the cycle expansion of the material while ensuring high capacity, and to increase cycle performance, so as to prepare silicon-based negative electrode material having high capacity and long service life (see Title, Abstract, [0007], [0015]).
CN110190252A and Ren are analogous art because they are concerned with the same field of endeavor, namely carbon composite material for negative electrodes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify CN110190252A by incorporating silicon nanoparticles because Ren teaches improved negative electrode performance.
Regarding claim 9, CN110190252A discloses all of the claim limitations as set forth above. However, CN110190252A does not disclose the filler in Step 1 further comprises metal nanoparticles.
Ren discloses a nano-silicon composite negative electrode material, including graphite matrix and nano-silicon material homogeneously deposited inside the graphite matrix, wherein the nano-silicon material has an average particle size of 100-500 nm, to effectively reduce the cycle expansion of the material while ensuring high capacity, and to increase cycle performance, so as to prepare silicon-based negative electrode material having high capacity and long service life (see Title, Abstract, [0007], [0015]).
CN110190252A and Ren are analogous art because they are concerned with the same field of endeavor, namely carbon composite material for negative electrodes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify CN110190252A by incorporating silicon nanoparticles because Ren teaches improved negative electrode performance.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN110190252A, refer to English machine translation by EPO, as applied to claims 1-2, 6-8, 10, 12-13 above, in view of CN108649210A, refer to English machine translation by EPO.
Regarding claim 9, CN110190252A discloses all of the claim limitations as set forth above. However, CN110190252A does not disclose the plastic microparticles comprise polypropylene microspheres, polyethylene terephthalate microspheres, polystyrene microspheres, or a combination thereof.
CN108649210A discloses adding polystyrene microspheres in the formation of a mesoporous nano-silica skeleton which reduces capacity loss and suppresses lithium deposition and dendrite growth during charge and discharge (see p.2).
CN110190252A and CN108649210A are analogous art because they are concerned with the same field of endeavor, namely carbon-based porous skeleton/network structures for negative electrodes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify CN110190252A by incorporating polystyrene microspheres because CN108649210A teaches improving battery performance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICOLE BUIE-HATCHER can be reached at (571)270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Lee/Primary Examiner, Art Unit 1725 6/22/2026
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