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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2021-157912, filed on 2021-28-09.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The preliminary amendments to the claims and specifications filed on 2024-21-03 has been reviewed and accepted by the examiner.
Claim Objections
Claim 3 is objected to because of the following informalities: The claim states “average value of atomic weights of the N kinds or more constituent elements Mi is 60 or less”. It is not clear in the claim statement how the average atomic weight is calculated. For the purpose of this application, the examiner assumes the formula stated in the specifications (
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A
i
.
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i
[0022]).
Claim 7 is objected to because of the following informalities: The claim states “atomic weight less than or equal to 29 (Cu)”. The atomic number of Copper (Cu) is 29, while the atomic weight is 63.5. For the purpose of this application, the examiner takes the atomic weight of Copper (63.5) as the upper limit of Claim 7.
Appropriate correction is required.
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.
(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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirono et al. (JP2020053162A) using applicant provided original documents and translation.
Regarding Claim 1, Hirono et al. teaches:
A negative electrode active material for a secondary battery comprising: a composite material that has a silicide phase and a silicon phase [0014].
Wherein the silicide phase contains an intermetallic compound of a silicon element and a metal element Me other than the silicon element, the metal element Me includes N kinds or more constituent elements Mi, where i= 1 to N, and 5≤N (Table 1, Example 14, i=6. [0096]).
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[AltContent: textbox (Table 1 [0096]- Hirono et al. Example 14 highlighted. )]
A condition represented by the following expression is satisfied: 1.5 < -Σ Ci * lnCi, where Ci represents a mole fraction of each of the N kinds or more constituent elements Mi. (Table 1, Example 14 has Metal elements Me that includes 6 constituent elements, where Cr= 6 atom%, Ti= 10 atom% and the following elements: V, Nb, Ni, Fe, Co, and Sn at 1 atom%. Using the formula of the claimed invention by separating out Si and then normalizing the mole fraction of the remaining elements we reach a value of 1.56 which is greater than 1.5 that is listed in the claimed invention. [0096]).
Regarding Claim 2, Hirono et al., teaches the limitations of claim 1, which claim 2 depends on. Hirono et al., further teaches:
Wherein the content of the silicon element in the composite material is greater than 50 atom% [0012].
Regarding Claim 3, Hirono et al., teaches the limitation of claim 1, which claim 3 depends on. Hirono et al., further teaches:
Wherein the average value of atomic weights of the N kinds or more constituent elements Mi is 60 or less (Table 1, Example 14, the average atomic weight of the constituents is 56 [0096]).
Regarding Claim 4, Hirono et al., teaches the limitation of claim 1, which claim 4 depends on. Hirono et al., further teaches:
N kinds or more constituent elements Mi are contained in at least one of MiSi and MiSi2. [0034].
Regarding Claim 5, Hirono et al., teaches the limitation of claim 1, which claim 5 depends on. Hirono et al., further teaches:
Wherein the content of a simple substance of N kinds or more constituent elements Mi contained in the composite material is 1 mass% or less. [0041].
Overlapping ranges are prima facie evidence of obviousness. It would have been obvious to one having ordinary skill in the art to have selected the portion of [Sudo’s temperature range] that corresponds to the claimed range. In re Malagari, 184 USPQ 549 (CCPA 1974).
MPEP 2131.03: Prior Art which teaches a range within, overlapping or touching the claimed range anticipates the claim if the prior art range discloses the claimed range with “sufficient specificity”.
Regarding Claim 6, Hirono et al., teaches the limitation of claim 1, which claim 6 depends on. Hirono et al., further teaches:
Wherein the N kinds or more constituent elements Mi are all elements that have an atomic weight less than or equal to atomic weights of elements included in the fourth period of the long-period periodic table. (If we take N to be at least 5, [0030] talks about an Si-based alloy comprising of Al, Cr, and Ti and element A, where A is selected from a group that includes V, Fe, and Ni amongst others. All of these have an atomic weight less than or equal to the atomic weights of elements included in the fourth period of the long-period periodic table).
Regarding Claim 7, Hirono et al., teaches the limitation of claim 1, which claim 7 depends on. Hirono et al., further teaches:
Wherein the N kinds or more constituent elements Mi are all elements that have an atomic weight less than or equal to 29 (Cu). (Taking atomic weight at 63.5 for Cu- listed elements in [0030], such as Mn, Fe, Cr, Al, Ti, and V all have atomic weights less than 63.5).
Regarding Claim 8, IHIrHirono et al., teaches the limitation of claim 1, which claim 8 depends on. Hirono et al., further teaches:
Wherein the N kinds or more constituent elements Mi are all transition metals. (A combination of Cr and Ti along with elements from the list given such as V, Fe, and Ni will fulfill 5≤N and all these elements are transition metals [0030]).
Regarding Claim 9, Hirono et al., teaches the limitation of claim 1, which claim 9 depends on. Hirono et al., further teaches:
Wherein the N kinds or more constituent elements Mi are at least five elements selected from the group consisting of Al, Mg, Ti, V, Cr, Mn, Fe, Co, Ni, Cu, and Mo [0030].
Regarding Claim 10, Hirono et al., teaches the limitation of claim 1, which claim 10 depends on. Hirono et al., further teaches:
Wherein the N kinds or more constituent elements Mi are at least five elements selected from the group consisting of Al, Mg, Ti, V, Cr, Mn, Fe, Co, Ni, and Cu [0030].
Regarding Claim 11, Hirono et al., teaches the limitation of claim 1, which claim 11 depends on. Hirono et al., further teaches:
Wherein the N kinds or more constituent elements Mi are at least five elements selected from the group consisting of Ti, V, Cr, Mn, Fe, Co, Ni, and Cu [0030].
Regarding Claim 12, Hirono et al., teaches the limitation of claim 1, which claim 12 depends on. Hirono et al., further teaches:
A secondary battery comprising: a positive electrode; a negative electrode; and an electrolyte, wherein the negative electrode contains the negative electrode active material for a secondary battery in accordance with claim 1 [0093, 0111].
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure- Kuze et al. (JP201517667).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAURAV K JHA whose telephone number is (571)270-5722. The examiner can normally be reached M-F 0730-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison L. Hindenlang can be reached at 571 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.K.J./ Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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