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.
Claims 8 and 10 are 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 “…consisting of alkali metal elements and Group 2” which renders the claim vague and indefinite because the claim fails to define what is the definition and the scope of “Group 2”. Clarification is required.
Claim 10 recites the limitation of “the mass of the silicon-containing material” in 3rd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim fails to define “a mass of the silicon-containing material” prior to the citation.
Claim 10 recites the limitation of “the sum of the mass of the carbon material” in 3rd line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim fails to define “a sum of the mass of the carbon material” prior to the citation.
Claim 10 recites the limitation of “the mass of the carbon material” in 4th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim fails to define “a mass of the carbon material” prior to the citation.
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.
Claim(s) 1-10 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Hoshi et al. (WO 2019/220576), the prior art submitted by applicant.
Examiner’s note: the following prior art rejection relies on the attached English translation of the above cited reference for the provided citations.
As to claim 1, Hoshi et al. (WO ‘576) disclose a secondary battery (a lithium-ion secondary battery, ¶ [0158] - ¶ [0159]) comprising:
- a positive electrode (¶ [0159]);
- a negative electrode (¶ [0159]) containing a negative electrode active material, wherein the negative electrode active material contains a carbon material and a silicon-containing material (lithium-ion secondary battery negative electrode material comprises particles A containing silicon, and particles B and C containing a carbonaceous material, see ¶ [0331]),
- an average particle diameter of the silicon-containing material is smaller than an average particle diameter of the carbon material, and
- an average circularity of the silicon-containing material is smaller than an average circularity of the carbon material (see ¶ [0295] - ¶ [0296] and ¶ [0320] - ¶ [0334]). The average particle diameter of the carbon material is in a range of 10 to 30 µm, and the average particle diameter of the silicon-containing material is in a range of 1 to 15 µm (see ¶ [0319] - ¶ [0325]) wherein the carbon material contains at least one selected from the group consisting of graphite, soft carbon, and hard carbon (see ¶ [0068]), wherein, in the negative electrode, the mass of the silicon-containing material is in a range of 5% to 30% of the sum of the mass of the carbon material and the mass of the carbon material and the mass of the silicon-containing material (see ¶ [0295] - ¶ [0296]).
As to claim 2, Hoshi et al. (WO ‘576) teach the average circularity of the carbon material is 0.7 or more, and the average circularity of the silicon-containing material is 0.6 or less. (see ¶ [0320] - ¶ [0334])
As to claim 3, Hoshi et al. (WO ‘576) disclose the average particle diameter of the carbon material is in a range of 10 to 30 μm, and the average particle diameter of the silicon-containing material is in a range of 1 to 15 μm. (see ¶ [0320] - ¶ [0334])
As to claim 4, Hoshi et al. (WO ‘576) teach the carbon material contains at least one selected from the group consisting of graphite, soft carbon, and hard carbon. (see ¶ [0068])
As to claim 5, Hoshi et al. (WO ‘576) disclose the silicon-containing material is composite particles that include an ion-conducting phase and silicon phases dispersed in the ion-conducting phase. (see ¶ [0017])
As to claim 6, Hoshi et al. (WO ‘576) teach the silicon-containing material contains the composite particles, and a coating layer covering at least a portion of surfaces of the composite particles. (see ¶ [0155])
As to claim 7, Hoshi et al. (WO ‘576) disclose the ion-conducting phase is at least one selected from the group consisting of a silicate phase, a carbon phase, and a silicon oxide phase. (see ¶ [0155] and ¶ [0330] - ¶ [0331])
As to claim 8, Hoshi et al. (WO ‘576) teach the silicate phase contains at least one selected from the group consisting of alkali metal elements and Group 2 elements. (see ¶ [0160] - ¶ [0161])
As to claim 9, Hoshi et al. (WO ‘576) disclose the silicate phase contains at least one selected from the group consisting of B, Al, Zr, Nb, Ta, V, lanthanoids, Y, Ti, P, Bi, Zn, Sn, Pb, Sb, Co, Er, F, and W. (see ¶ [0154] and ¶ [0160])
As to claim 10, Hoshi et al. (WO ‘576) teach in the negative electrode, the mass of the silicon-containing material is in a range of 5% to 30% of the sum of the mass of the carbon material and the mass of the silicon-containing material. (see ¶ [0295] - ¶ [0296])
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754
07/21/2026
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