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 Objections
Claims 5-8 are objected to because of the following informalities:
Claims 5-6 state “the average particle diameter of the silicate-containing complex”. In order to provide consistency with claims 1 and 2, claims 5-6 should state “the average particle diameter (B) of the silicate-containing complex”.
Claims 7-8 state “the average particle diameter of the Si-containing silicate particles”. In order to provide consistency with claims 1 and 2, claims 5-6 should state “the average particle diameter (A) of the Si-containing silicate particles”.
Appropriate correction is required.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fukasawa et al (US 20160372753 A1, given in the 03/22/2024 IDS) in view of Zhang et al (US 20200266431 A1).
Regarding claim 1, Fukasawa discloses a negative electrode active material for a non-aqueous electrolyte secondary battery (active material 10 in Fig. 1; see entire disclosure and especially P17, 21), comprising:
a silicate-containing complex containing a carbon phase and a plurality of Si-containing silicate particles dispersed in the carbon phase, wherein the Si-containing silicate particle contains a silicate phase and a plurality of silicon particles dispersed in the silicate phase (carbonaceous substance 12 includes silicate compound phases 13 having silicon oxide particles 11 including silicon particles 11a dispersed within in Fig. 1; see entire disclosure and especially P22).
Fukasawa discloses an average particle diameter (B) of the silicate-containing complex is 0.1 to 50 µm (see entire disclosure and especially P23).
Fukasawa further discloses the silicon oxide particles containing silicon (11) have an average particle diameter of 0.1 to 10 µm (see entire disclosure and especially P27).
However, Fukasawa is silent to the size of the silicate compound phase (13) surrounding the silicon oxide particles (11).
In a similar field of endeavor, Zhang teaches an anode material including a core of silicon oxide with a silicate-based outer shell formed thereon (P38-39). Zhang teaches the thickness of the outer shell can be less than or equal to 3 µm (P47). Zhang teaches appropriate shell thickness can achieve a more effective protection on the silicon oxide core, so as to increase the first coulombic efficiency of the anode material and improve the cycle stability of the anode material; however, an excessively thick shell may sacrifice the capacity per gram of the anode material and reduce the energy density of the lithium-ion battery (P47).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Zhang and chosen the thickness of the silicon compound phase (13) of Fukasawa to be less than or equal to 3 µm, given Zhang teaches this is an appropriate shell/coating thickness that can achieve effective protection of a silicon oxide core, thereby increasing/improving the coulombic efficiency and cycle stability of the negative electrode active material, while preventing a sacrifice in capacity per gram of the negative electrode active material, thereby reducing the energy density of the lithium-ion battery the material is used within.
Since, in modified Fukasawa, the silicon oxide particles (11) have an average particle diameter of 0.1 to 10 µm (P27 of Fukasawa) and the thickness of the silicate compound phase (13) is less than or equal to 3 µm, then an average particle diameter (A) of the Si-containing silicate particles is greater than 0.1 µm to less than or equal to 13 µm.
Therefore, in modified Fukasawa a ratio (B/A) of an average particle diameter (B) of the silicate-containing complex to an average particle diameter (A) of the Si-containing silicate particles is 0.0077 (0.1/13) to less than 500 (50/greater than 0.1). This range overlaps the claimed range of greater than or equal to 15 and less than or equal to 120, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Regarding claim 2, in modified Fukasawa a ratio (B/A) of an average particle diameter (B) of the silicate-containing complex to an average particle diameter (A) of the Si-containing silicate particles is 0.0077 (0.1/13) to less than 500 (50/greater than 0.1). This range overlaps the claimed range of greater than or equal to 20 and less than or equal to 120, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Regarding claim 3, Fukasawa discloses when the mass of the silicate-containing complex is 100 mass %, 20 to 75 mass % is the silicon oxide particles containing silicon (11). Therefore, when the mass of the silicate-containing complex is 100 mass %, the mass % of the carbon phase (12) and silicate compound phase (13) together is 25 to 80 mass%.
Therefore, when the mass of the silicate-containing complex is 100 mass %, the mass % of the carbon phase (12) is greater than 25 mass % to less than 80 mass % (as the mass % of the carbon phase is the mass % of the silicate-containing complex (10) minus the silicon oxide particles containing silicon (11) and silicate compound phase (13)). This range overlaps the claimed range of greater than or equal to 10 mass% and less than or equal to 45 mass% with respect to a total amount of the silicate-containing complex, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Regarding claim 4, Fukasawa discloses wherein the carbon phase is amorphous carbon (see entire disclosure and especially P34).
Regarding claim 5, Fukasawa discloses the average particle diameter (B) of the silicate-containing complex is 0.1 to 50 µm (see entire disclosure and especially P23). This range overlaps the claimed range of greater than or equal to 4 µm and less than or equal to 15 µm, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Regarding claim 6, Fukasawa discloses the average particle diameter (B) of the silicate-containing complex is 0.1 to 50 µm (see entire disclosure and especially P23). This range overlaps the claimed range of greater than or equal to 4 µm and less than or equal to 8 µm, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Regarding claim 7, modified Fukasawa meets the limitation wherein the average particle diameter (A) of the Si-containing silicate particles greater than 0.1 µm to less than or equal to 13 µm (see the rejection of claim 1 above). This range overlaps the claimed range of less than or equal to 1 µm, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Regarding claim 8, modified Fukasawa meets the limitation wherein the average particle diameter (A) of the Si-containing silicate particles greater than 0.1 µm to less than or equal to 13 µm (see the rejection of claim 1 above). This range overlaps the claimed range of less than or equal to 200 nm, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Regarding claim 9, modified Fukasawa meets the limitation a non-aqueous electrolyte secondary battery (nonaqueous electrolyte secondary battery 200 in Fig. 4) comprising a negative electrode (negative electrode 203 in Fig. 5) including a negative electrode mixture layer containing the negative electrode active material for a non-aqueous electrolyte secondary battery according to claim 1 (see the rejection of claim 1 above; see also negative electrode mixture layer 101, collector 102, and negative electrode active material 103 in Fig. 3), a positive electrode (positive electrode 205 in Fig. 5), and a non-aqueous electrolyte (see entire Fukasawa disclosure and especially P60, 69-71).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fukasawa et al (US 20160372753 A1, given in the 03/22/2024 IDS) in view of Zhang et al (US 20200266431 A1) as applied to claim 9, further in view of Shin et al (US 20200227731 A1).
Regarding claim 9, Fukasawa discloses the negative electrode mixture layer contains the negative electrode active material for a non-aqueous electrolyte secondary battery in a range of 57 mass % or more and 95 mass % or less (P62). Given the silicate-containing complex is the only negative electrode active material of Fukasawa, modified Fukasawa does not meet the limitation wherein a content of the silicate-containing complex is greater than or equal to 1 mass % and less than or equal to 50 mass % with respect to a total amount of the negative electrode mixture layer.
In a similar field of endeavor, Shin teaches a negative electrode active material includes first active material particles and second active material particles (P30). Shin teaches the first active material particles can contain a silicon oxide material including a lithium silicate and silicon oxide having silicon phases embedded in the silicon oxide material (P30-32). Shin further teaches the first active material particles can include a carbon coating layer (P34). Shin teaches the second active material can contain a carbonaceous material of graphite (P30, 39). Shin teaches the negative electrode active material can be used alongside a conductive material, binder, and filler to form a negative electrode (P63).
Shin teaches the first active material and the second active material can be mixed at a weight ratio of 1:99 – 30:70 (P30).
Shin teaches the second active material’s carbonaceous material has a broad particle size distribution (Abstract). Shin teaches the second active material particles have a full width at half maximum (FWHM) value of 9 pm or more, as determined by plotting the central value from experiment obtained by Gaussian fitting of particle size distribution of the second active material particles and FWMH distribution: 1 μm ≤ r ≤ 0.4R (P8). Shin teaches when using a graphite material having a relatively broad particle size distribution with a full width at half maximum value of 9 μm or more, conductivity may be improved as compared to a graphite material having a smaller particle size distribution (P45). Shin teaches their negative electrode active material including a composite of a carbonaceous material having a broad particle size distribution with a metal-silicate provides improved electrical conductivity and life characteristics (P18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Shin and provided a second active material to the silicate-containing complex active material, such as a graphite carbonaceous material having a relatively broad particle size distribution with a full width at half maximum value of 9 μm or more, to the negative electrode active material of modified Fukasawa, given Shin teaches a negative electrode active material including a composite of a carbonaceous material having a broad particle size distribution with a metal-silicate provides improved electrical conductivity and life characteristics.
Modified Fukasawa includes a negative electrode mixture layer containing a negative electrode active material including the first active material of the silicate-containing complex and a second active material of a graphite having a broad particle size distribution as taught by Shin.
Fukasawa discloses the negative electrode mixture layer contains the negative electrode active material for a non-aqueous electrolyte secondary battery in a range of 57 mass % or more and 95 mass % or less (P62). Therefore, the combination of both the first active material (silicate-containing complex) and second active material (graphite having a broad particle size distribution) of Fukasawa would make up this 57 mass % or more and 95 mass % or less.
Shin teaches the first active material and the second active material can be mixed at a weight ratio of 1:99 – 30:70 (P30).
Therefore, if a content of the first active material (silicate-containing complex) is in a range of 1-30 wt% of the total active material, a content of the second active material (graphite having a broad particle size distribution) is in a range of 70-99 wt% of the total active material, and a content of the total active material is in a range of 57-95 wt% based upon the entire negative electrode mixture layer, then a content of the first active material (silicate-containing complex) is in a range of 0.57-28.5 wt% based upon the entire negative electrode mixture layer and a content of the second active material (graphite having a broad particle size distribution) is in a range of 39.9-94.05 wt% based upon the entire negative electrode mixture layer.
The content of the first active material (silicate-containing complex) being a range of 0.57-28.5 wt% based upon the entire negative electrode mixture layer overlaps the claimed range wherein a content of the silicate-containing complex is greater than or equal to 1 mass% and less than or equal to 50 mass% with respect to a total amount of the negative electrode mixture layer, 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. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05).
Conclusion
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/MARY GRACE HARRIS/Examiner, Art Unit 1729
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