SDETAILED 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 .
Claims 1-5 are pending in the application
Double Patenting
Claims 1-5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 4-5 of copending Application No. 18/909,953 (reference application, hereinafter ‘953). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, ‘593 claims an anode mixture containing a plurality of carbon particles (A) and a plurality of silicon-based particles (B), wherein the carbon particles (A) include a plurality of boron-doped scaly graphite particles (A1) (coated graphite particles, claim 1 and claim 2), and a content (B/A) of the silicon-based particles (B) relative to the carbon particles (A) is from 5 mass% to 60 mass% (claim 1).
‘593 further claims a content (A1/A) of the scaly graphite particles (A1) relative to the carbon particles (A) is 0.8 mass% to 85.0 mass% (claim 1), which overlaps with the claimed range of 1.5 mass% or more. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Regarding claim 2 and 3, ‘593 further claims the content (A1/A) is 0.8 mass% to 85.0 mass% (claim 1), which overlaps with the claimed ranges of 8.0 mass% or more and 15.0 mass% or less. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Regarding claim 4, ‘593 claims the carbon particles (A) further include a plurality of spherical graphite particles (A2), and a boron doping content in the scaly graphite particles (A1) is 0.2 atm% to 2.4 atm% (claim 4). This range overlaps with the claimed range of 0.2 atm% or more. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Regarding claim 5, ‘593 claims a lithium secondary battery comprising an anode including the anode mixture according to claim 1 (claim 5).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Asami (Japanese Patent Application Publication No. 2013/200984) in view of Sheem (US Patent No. 6,703,166). For prior art discussion see English translation for JP-20132000984-A.
Regarding claims 1-3, Asami teaches an anode mixture (negative electrode material, title) containing a plurality of carbon particles (A) (carbonaceous particles (A)) and a plurality of silicon-based particles (B) (silicon oxide particles (B)) ([0016]). The carbon particles include scaly graphite particles (A1) (flake graphite (A2), [0016]).
A content (B/A) of the silicon-based particles (B) relative to the carbon particles (A) is from 1 mass% to 50 mass% ([0016]). This range overlaps with the claimed range of 5 mass% to 60 mass%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
A content (A1/A) of the scaly graphite particles (A1) relative to the carbon particles (A) is 5 mass% to 95 mass% ([0016], the mass ratio of spheroidized graphite (A1) to flake graphite (A2) is 95:5 to 5:95). This range overlaps with the claimed ranges of 1.5 mass% or more, 8.0 mass% or more, and 15.0 mass% or less. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Asami does not explicitly teach the carbon particles (A) include a plurality of scaly graphite particles that are boron-doped.
Sheem teaches an anode mixture (negative active material slurry composition) for a lithium battery (title). Sheem further teaches the anode mixture includes a plurality of boron-doped scaly graphite particles (natural graphite with a flake configuration, Example 1, page 4 column 4 lines 55-57). Doping the scaly graphite particles with boron allows for improved cycle life characteristics over anode mixtures that do not contain the boron-doping (page 5, column 5, lines 41-53).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to dope the scaly graphite of Asami with boron, as taught by Sheem. One of ordinary skill in the art would have been motivated to make this inclusion for the improved cycle life characteristics.
Regarding claim 4, Asami further teaches the carbon particles include a plurality of spherical graphite particles (A2) ([0016], spheroidized graphite (A1)).
Asami does not explicitly teach a boron doping content in the scaly graphite particles (A1) is 0.2 atm% or more.
Sheem further teaches the amount of the boron-doping compound is 0.05 wt% to 30 wt% of the anode mixture (page 4, column 3, lines 3-6). This range allows for the desired effects from adding the semi-metals to the composition to be obtained while not being so great as for the boron-doping compound to act as an impurity, when an adverse effect may be obtained (page 4, column 3, lines 6-10).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the amount of the boron-doping compound, as taught by Sheem, in the boron-doped scaly graphite of modified Asami. One of ordinary skill in the art would have been motivated to use this range for the desired effect without adverse effects.
With the above imported amount of the boron-doping compound, the atm% of boron can be determined. The boron-doping compound, as taught by Sheem, is B2O3, which has 40 atm% boron and 60 atm% oxygen. To determine the boron atm% in the scaly graphite particles, determine the moles of both the graphite and B2O3. Graphite has a molar mass of 12.01, and B2O3 has a molar mass of 69.618.
The minimum atm% of boron, when there is 0.05 mass% B2O3 and assuming a total mass of 100 grams, can be calculated by first determining the moles of boron:
0.05
g
B
2
O
3
*
1
m
o
l
69.618
g
=
0.000718
m
o
l
s
B
2
O
3
0.000718
m
o
l
s
B
2
O
3
*
40
%
b
o
r
o
n
a
t
o
m
s
=
0.000287
m
o
l
s
b
o
r
o
n
Next, the moles of carbon need to be calculated (as graphite is made of only carbon):
99.95
g
g
r
a
p
h
i
t
e
*
1
m
o
l
12.01
g
=
8.322231
m
o
l
s
c
a
r
b
o
n
Lastly, the atm% of boron is determined by finding the ratio of boron atoms to all atoms:
t
o
t
a
l
m
o
l
s
=
8.322231
m
o
l
s
c
a
r
b
o
n
+
0.000718
m
o
l
s
B
2
O
3
=
8.223028
m
o
l
s
t
o
t
a
l
b
o
r
o
n
a
t
m
%
=
0.000718
m
o
l
s
b
o
r
o
n
8.223028
m
o
l
s
t
o
t
a
l
*
100
=
0.009
a
t
m
%
b
o
r
o
n
To determine the maximum atm% of boron, the same calculations will take place with 30g of B2O3 and 70 g of graphite, this results in:
30
g
B
2
O
3
*
1
m
o
l
69.618
g
=
0.431
m
o
l
s
B
2
O
3
0.431
m
o
l
s
B
2
O
3
*
40
%
b
o
r
o
n
a
t
o
m
s
=
0.172
m
o
l
s
b
o
r
o
n
70
g
g
r
a
p
h
i
t
e
*
1
m
o
l
12.01
g
=
5.828
m
o
l
s
c
a
r
b
o
n
t
o
t
a
l
m
o
l
s
=
5.828
m
o
l
s
c
a
r
b
o
n
+
0.431
m
o
l
s
B
2
O
3
=
6.259
m
o
l
s
t
o
t
a
l
b
o
r
o
n
a
t
m
%
=
0.172
m
o
l
s
b
o
r
o
n
6.259
m
o
l
s
t
o
t
a
l
*
100
=
2.75
a
t
m
%
b
o
r
o
n
Therefore, the atm% of boron ranges from 0.009% to 2.75% in the scaly graphite of modified Asami. This range overlaps with the claimed range of 0.2 atm% or more. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Regarding claim 5, modified Asami further teaches a lithium secondary battery comprising an anode including the anode mixture according to claim 1 ([0016]).
Conclusion
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/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 09/14/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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