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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of claims of Group I (claims 1-6 and 15, drawn to an anode material) and Species A: the embodiment of Fig. 1 in the reply filed on 08/28/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/07/2024 and 09/16/2026 have been considered by the examiner.
Specification
The abstract of the disclosure is objected to because the abstract possesses 224 words. The abstract must be as concise as the disclosure permits, preferably not exceeding 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 4 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 pre-AIA the applicant regards as the invention.
Claim 4 recites the limitation "a mass ratio of the first coating layer in the anode material ranges from 0.1% to 5%". There is indefinite scope in the claim wherein one of ordinary skill in the art may interpret the claim limitation as a mass ratio of the first coating layer to a mass ratio of the second coating layer or one of ordinary skill in the art may interpret the claim limitation as a mass ratio of the first coating layer to a mass ratio of the core or one of ordinary skill in the art may interpret the claim limitation as a mass ratio of the first coating layer to a mass ratio of the anode material. For purposes of examination, the examiner will interpret the claim limitation a mass ratio of the first coating layer to a mass ratio of the anode material wherein the first coating layer has a mass ranging from 0.1% to 5% of the total mass of the anode material.
Claim 4 recites the limitation “a mass ratio of the second coating layer in the anode material ranges from 0.1% to 8%”. There is indefinite scope in the claim wherein one of ordinary skill in the art may interpret the claim limitation as a mass ratio of the second coating layer to a mass ratio of the first coating layer or one of ordinary skill in the art may interpret the claim limitation as a mass ratio of the second coating layer to a mass ratio of the core or one of ordinary skill in the art may interpret the claim limitation as a mass ratio of the second coating layer to a mass ratio of the anode material. For purposes of examination, the examiner will interpret the claim limitation a mass ratio of the second coating layer to a mass ratio of the anode material wherein the second coating layer has a mass ranging from 0.1% to 8% of the total mass of the anode material.
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.
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 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.
Claims 1-5 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 112701267 A).
Regarding claim 1, Li discloses an anode material, comprising a core and a coating layer located on at least part of a surface of the core, wherein the core comprises a silicon oxide material, and the anode material contains a lithium element (Annotated Li Fig. 1 illustrates an anode material comprising of a core (denoted by arrow) and a coating layer (denoted by arrows) located on at least part of a surface of the core. Annotated Li Fig. 1 depicts the core comprised of a silicon oxide material (Li2SiO3) and the anode material containing a lithium element (Li2SiO3 and Li2Si2O5).;
a mass ratio of lithium element to oxygen element in the anode material is represented as a (Since Li2SiO3 and Li2Si2O5 are contained in the anode material, the mass ratio between the lithium element and the oxygen element within the two compounds will be calculated. Using the atomic mass of lithium (6.94), the total atomic mass of lithium within the two compounds is: 6.94 ∙ 4 = 27.76, whereas using the atomic mass of oxygen (15.999) gives: 15.999 ∙ 8 = 127.992. Dividing
27.76
127.992
= 0.217 as the mass ratio of the lithium element to the oxygen element in the anode material, referred to as a.), and
a mass ratio of lithium element to oxygen element in a region corresponding to information detected by an X-ray photoelectron spectroscopy during a detection process from a surface of the anode material to an inner central region of the anode material is represented as b, and a relationship between a and b satisfies 0.4>a>b (The phrase “in a region” does not specify any particular depth or bound to what the region encompasses, other than it being some portion of the detection thickness of X-ray photoelectron spectroscopy Para. [0075] of the instant specification states that the core is mainly located in a region where the X-ray photoelectron spectroscopy cannot detect the interior of the particles of the anode material, whereas X-ray photoelectron spectroscopy may detect the interior of the particles from the surface of the anode material to the inner center of the anode material. Fig. 1 of the instant specification illustrates this region to be both first coating layer 301 and second coating layer 302. Likewise, Annotated Li Fig. 1 illustrates the analogous layers to contain the compound Li2Si2O5 that can be detected by X-ray photoelectron spectroscopy. Using the atomic mass of lithium (6.94), the total atomic mass of lithium within Li2Si2O5 is: 6.94 ∙ 2 = 13.88, whereas using the atomic mass of oxygen (15.999) gives: 15.999 ∙ 5 = 79.995. Dividing
13.88
79.995
= 0.174 as the mass ratio of the lithium element to the oxygen element in the anode material, referred to as b. Thus, the relationship between a and b satisfies 0.4>a(0.217)>b(0.174).).
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Annotated Li Fig. 1: An anode material comprising of a core (denoted by arrow) and a coating layer (denoted by arrows) wherein the core comprises a silicon oxide material and the anode material contains a lithium element.
Regarding claim 2, Li discloses an anode material comprising features (1) a mass ratio of a lithium element to oxygen element in the anode material satisfies 0.35>a>0.15 (a was calculated using the atomic mass of lithium (6.94), the total atomic mass of lithium within the two compounds is: 6.94 ∙ 4 = 27.76, whereas using the atomic mass of oxygen (15.999) gives: 15.999 ∙ 8 = 127.992. Dividing
27.76
127.992
= 0.217 as the mass ratio of the lithium element to the oxygen element in the anode material.), (2) b satisfies 0.30>b>0.01 (b was calculated using the atomic mass of lithium (6.94), the total atomic mass of lithium within Li2Si2O5 is: 6.94 ∙ 2 = 13.88, whereas using the atomic mass of oxygen (15.999) gives: 15.999 ∙ 5 = 79.995. Dividing
13.88
79.995
= 0.174 as the mass ratio of the lithium element to the oxygen element in the anode material.), and (5) the silicon oxide material includes a lithium-containing compound, and the lithium-containing compound comprises at least one of Li2SiO3, Li2Si2O5, and Li4SiO4 (Annotated Li Fig. 1 illustrates the silicon oxide material within the anode material includes both Li2SiO3 and Li2Si2O5.).
Regarding claim 3, Li discloses an anode material comprising a first coating layer and a second coating layer, wherein
the second coating layer is located between the core and the first coating layer, and/or the second coating layer is located on a region of the core surface that is not coated by the first coating layer (Annotated Li Fig. 1A displays a first coating layer (denoted by arrow) and a second coating layer (denoted by arrow) wherein the second coating layer is positioned between the first coating layer and the core.).
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Annotated Li Fig. 1A: An anode material comprising of a core (denoted by arrow) and first and second coating layers (denoted by arrows) wherein the second coating layer is positioned between the first coating layer and the core.
Regarding claim 4, Li discloses an anode material comprising features (2) a material of the first coating layer comprises a carbon material (Para. [n0039] states that the outer shell, which surrounds and coats the core layer, is a carbon layer.), and (6) a thickness of the second coating layer ranges from 1 nm to 1000 nm (Para. [n0040] states that the thickness of the intermediate layer is 5-1000 nm.). Examiner notes that Li also teaches that the thickness of the carbon layer (first coating layer) does not exceed 200 nm (Para. [0024]) that substantially overlaps with the range disclosed in feature (5) of claim 4 of the instant application.
Regarding claim 5, Li discloses an anode material comprising feature (1) the coating layer is a carbon layer (Para. [n0039] states that the outer shell, which surrounds and coats the core layer, is a carbon layer.). Examiner notes that Li also teaches that the thickness of the carbon layer (first coating layer) does not exceed 200 nm (Para. [0024]) that substantially overlaps with the range disclosed in feature (5) of claim 4 of the instant application.
Regarding claim 15, Li discloses a lithium ion battery, comprising the anode material (Claim 10 and para. [n0053] states that the invention provides a lithium battery characterized in that it includes a negative electrode that is comprised of the material and properties discussed above.).
Claim Rejections - 35 USC § 103
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Liu et al. (CN 111554911 A).
Regarding claim 6, Li discloses the anode material according to claim 1.
Li fails to disclose the anode material comprising at least one of the features from (1) to (5).
However, Liu teaches an anode material comprising features (2) a specific surface area of the anode material is smaller than 4 m2/g (Claim 4 states that the specific surface area of the negative electrode material is 0.5 m2/g – 10 m2/g.), and (5) a median particle size of the anode material ranges from 0.3 µm to 10.0 µm (Claim 4 states that the median particle size of the negative electrode material is 1 µm – 30 µm.).
Li and Liu are both considered to be analogous to the claimed invention because they are in the same field of developing lithium-ion batteries comprised of anode materials that offer improved cycling efficiency and high ionic conductivity. Therefore, 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 anode material of Li to include a specific surface area of the anode material being smaller than 4 m2/g and a median particle size of the anode material ranging from 0.3 µm to 10.0 µm because Liu teaches that a lithium battery anode material with a lithium content gradient distribution provided by Liu et al. possesses characteristics of high first-cycle efficiency, and high ionic and electronic conductivity (para. [0055]), and combining prior art elements according to known methods to yield predictable results is obvious. See MPEP 2141. III. (A).
Further, Liu teaches that the claimed ranges overlap known operating ranges for the surface area and particle size of anode materials and in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. See MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang et al. (CN 115347164 A) discloses a lithium-rich anode material comprised of a core structure and two coating layers. Pang et al. (WO 2021/083197 A1) discloses a negative electrode material comprised of a silicon oxide compound, and a plethora of lithium inserted silicon oxide compounds. Deng et al. (CN 113066968 A) discloses an anode material comprising of a silicon-oxygen composite wherein the anode material comprises of a plurality of pores which are filled with a lithium-containing compound. Lee et al. (US 2014/0322606 A1) discloses an anode active material comprising a core-shell structure and a carbon material coated on a surface of said core-shell structure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTINO M SERVAGNO whose telephone number is (571)270-0847. The examiner can normally be reached M-Th 8:00 am - 5:00 pm, F 8:00 am - 4:00 pm.
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, Joshua Allen can be reached at (571) 270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANTINO MICHALE SERVAGNO/Examiner, Art Unit 1713
/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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