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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-3 in the reply filed on 06/15/2026 is acknowledged.
Claim Interpretation
(P80 of PGPUB) Claim 3 recites “…wherein the silicon-based active material comprises one or more selected from the group consisting of a spherical silicon-based active material and a plate-like silicon-based active material, and the spherical silicon-based active material is comprised in an amount of 80 parts by weight or more based on 100 parts by weight of the silicon-based active material”. For the purpose of compact prosecution and in light of Equation 1 “the silicon-based active material” may be a single spherical particle. When including both spherical and plate-like silicon-based particle active material embodiments appear to be drawn to an agglomeration or those separate from claim 3 and possible future amendments to claim 1.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 are rejected under 35 U.S.C. 103 as obvious over Lim et al (US 20230420651).
Regarding claim 1, Lim teaches a negative electrode active material comprising a silicon-based active material comprising a (220) crystal plane and a (111) crystal plane,
wherein the silicon-based active material comprises one or more selected from the group consisting of SiOx (x=0), SiOx (x=0) is comprised in an amount of 90 parts by weight or more based on 100 parts by weight of the silicon-based active material (P47-51), wherein the silicon-based active material has a crystal grain size of 150 nm or less, or 2 nm to 20 nm (P48-49) and wherein the silicon-based active material satisfies the following Equation 1: 45<(X/Y) x 100
wherein in Equation 1, Y is a proportion of the (111) crystal plane in the silicon-based active material, and X is a proportion of the (220) crystal plane in the silicon-based active material (P47-49; Fig.6-8). 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- I “It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.” A change in form, proportions, or degree “will not sustain a patent.” MPEP 2144.05
Regarding claim 2, Lim teaches the silicon-based active material comprises spherical silicon-based active material (P97) and thus the spherical silicon-based active material comprises 100 parts by weight of the spherical silicon-based active material
Regarding claim 3, Lim teaches the silicon-based active material particles have a D50 particle size of 3 µm to 8 µm (P89)
Conclusion
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/Amanda Rosenbaum/Examiner, Art Unit 1752
/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752
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