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 § 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.
Claim(s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2017-0074030 in view of KR 10-2021-0107115. Both references and their translations are submitted by applicant.
As to claim 1, KR ‘030 discloses a negative electrode active material comprising: a calcium (Ca)-containing inorganic layer on at least a portion on the silicon-based particle. (see claims 1 and 3)
However, KR ‘030 fail to disclose a silicon-based particle comprising SiO.sub.x(0<x<2) and a lithium (Li) compound and having a carbon layer on at least a portion of a surface thereof, as claimed in claim 1.
In the analogous art, as to claim 1, KR ‘115 disclose a silicon-based particle comprising SiO.sub.x(0<x<2) and a lithium (Li) compound and having a carbon layer on at least a portion of a surface. (see claims 1-3)
As to claim 3, KR ‘115 teach the Ca-containing inorganic layer is formed in an island shape on the at least a portion on the silicon-based particle. (see ¶ [0056])
As to claim 5, KR ‘115 discloses the negative electrode active material has an additional peak at 28° or greater and less than 29° in the X-ray diffraction analysis. (see claim 1)
As to claim 9, KR ‘115 discloses the negative electrode active material further comprises a lithium by-product provided on at least a portion on the silicon-based particle. (see ¶ [0006])
As to claim 10, KR ‘115 teaches the negative electrode active material comprises the lithium by-product in an amount of 5 parts by weight or less on the basis of 100 parts by weight of the negative electrode active material. (see ¶ [0006])
As to claim 11, KR ‘115 disclose the negative electrode active material includes Li in an amount of 0.1 part by weight to 40 parts by weight on the basis of 100 parts by weight of the negative electrode active material. (see claims 2 and 3)
As to claim 12, the negative electrode active material includes the carbon layer in an amount of 0.1 part by weight to 50 parts by weight on the basis of 100 parts by weight of the negative electrode active material. (see claim 3)
Therefore, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention to modify the negative electrode active material, as taught by KR ‘030, through providing a silicon-based particle comprising SiO.sub.x(0<x<2) and a lithium (Li) compound and having a carbon layer on at least a portion of a surface in order to improve the uniformity of the element distribution in the silicon composite negative electrode material and also the compactness of the condensed deposition body since when the distribution is uniform, the negative electrode material has an excellent cycle performance, as suggested by KR ‘115.
As to claim 2, KR ‘030 disclose the negative electrode active material has a peak at 29° or greater and 30° or less in X-ray diffraction analysis. (see claim 3)
As to claim 4, KR ‘030 teach the Ca-containing inorganic layer comprises one or more selected from the group consisting of CaCO.sub.3, CaO, and Ca(OH).sub.2. (see claim 3)
As to claim 6, KR ‘030 teach an element content of Ca is 0.05 part by weight to 10 parts by weight when analyzed by scanning electron microscopy-energy dispersive X-ray spectroscopy (SEM-EDX). (see ¶ [0125] and claim 3)
As to claim 7, KR ‘030 disclose the negative electrode active material includes Ca in an amount of 0.005 part by weight to 5 parts by weight on the basis of 100 parts by weight of a total of the negative electrode active material. (see ¶ [0125] and claim 3)
As to claim 8, KR ‘030 teach the negative electrode active material includes the Ca-containing inorganic layer in an amount of 0.01 part by weight to 10 parts by weight on the basis of 100 parts by weight of of the negative electrode active material. (see ¶ [0125] and claim 3)
As to claim 13, KR ‘030 disclose a method for manufacturing the negative electrode active material of claim 1, the method comprising: forming a silicon-based particle including SiO.sub.x(0<x<2) and a Li compound, and having a carbon layer provided on at least a portion of a surface thereof; and reacting the silicon-based particle with a Ca precursor.
As to claim 14, KR ‘030 teaches a negative electrode comprising the negative electrode active material
As to claim 15, KR ‘030 discloses a secondary battery comprising the negative electrode.
Conclusion
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
