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 .
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 and 4-5 of copending Application No. 18/761,737 (hereinafter ‘737) in view of Kweon (US Patent Application Publication No. 2003/0054250) and Maenishi (Japanese Patent Application Publication No. 2018/195559). For prior art discussion see English translation for JP-2018195559-A.
Regarding claim 1, ‘737 claims an anode mixture comprising: a plurality of carbon particles; and a plurality of silicon-based particles, wherein: the carbon particles include a scaly graphite particle (claim 1). A content of the silicon-based particles relative to the carbon particles is 5 mass% to 60 mass%.
A content of the scaly graphite particle relative to the carbon particles is 1.5 mass% or more (claim 1), which overlaps with the claimed range of 0.8 mass% to 85.0 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).
‘737 does not explicitly claim the carbon particles include a coated graphite particle; the coated graphite particle includes a scaly graphite particle, and a carbon film doped with boron and covering at least part of a surface of the scaly graphite particle.
Kweon teaches an active material for an anode (title and [0040]). The active material includes scaly graphite particles ([0043], the active material is crystalline carbon, including plate shaped graphite) that are coated ([0050], the active material has a surface-treatment layer). The coating is a carbon film ([0053], the surface-treatment layer has a conductive agent, selected from a carbon-based conductive agent, a graphite-based conductive agent) doped with boron ([0051]. The coating element may include a group 13 element, which includes boron, and [0060], wherein the coating element is specifically B2O3, H3BO3, or HB(OH)2) covering at least a part of a surface of the graphite particle ([0050]). Coating the scaly graphite particle with a carbon film that is doped with boron allows for good electrochemical characteristics, such as capacity, cycle life, discharge potential, power capability, and other similar electrochemical characteristics ([0016]).
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 include a coated graphite particle, as taught by Kweon, in the claimed invention of ‘737. One of ordinary skill in the art would have been motivated to make this inclusion for the improved electrochemical characteristics.
‘737 does not explicitly claim an intensity ratio of a Raman spectrum of the coated graphite particle is 0.3 to 0.8.
Maenishi teaches an anode mixture (negative electrode active material) for a non-aqueous secondary battery ([0001]). The anode mixture includes graphite containing boron at least on its surface as the anode active material ([0045]). Maenishi further teaches an intensity ratio of a Raman spectrum of the coated graphite particle is 0.4 or larger, which results in a suppression of side reactions with the electrolyte, in turn improving cycle characteristics ([0100]). This range overlaps with the claimed range of 0.3 to 0.8. 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).
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 have an intensity ratio of a Raman spectrum of the coated graphite particle of the claimed invention of ‘737 in the range taught by Maenishi. One of ordinary skill in the art would have been motivated to use this range for the improved cycle characteristics.
Regarding claim 2, ‘737 claims the scaly graphite particle is doped with boron (claim 1).
Regarding claims 3 and 4, ‘737 claims the carbon particles further include a plurality of spherical graphite particles (claim 4).
‘737 does not explicitly claim a doping amount of the boron in the carbon film is 1.0 atm% or more or 0.2 atm% to 2.4 atm%.
To determine the atm% of boron in the above imported carbon film of modified ‘737, the mass of each component of the carbon film must be determined. The carbon film contains from 2x10-5 wt% of the total active material of boron to 2 wt% of the total active material of boron (Kweon, [0052]) and 0.5 wt% of the total active material of carbon to 10 wt% of the total active material of carbon (Kweon, [0055]).
The boron contained in the carbon film is in the form of HB(OH)2 (Kweon, [0121]). As boron makes up 23.59% of the mass of HB(OH)2 (3.024 AU H + 10.811 AU B + 31.998 AU O = 45.833 AU total. 10.811 AU B/45.883 AU total = 23.59%), this results in the carbon film layer containing a minimum of 8x10-5 wt% of the total active material of HB(OH)2 (2x10-5 wt% / 0.2359) to a maximum of 8.478 wt% of the total active material of HB(OH)2 (2 wt% / 0.2359).
The minimum ratio of boron in the carbon film layer is 8x10-5 wt% of the total active material of HB(OH)2 to 10 wt% of the total active material of carbon, resulting in a ratio of 0.0008:99.9992 HB(OH)2 to carbon (8x10-5wt% of the total active material of HB(OH)2 / (8x10-5 wt% of the total active material of HB(OH)2 + 10 wt% of the total active material of carbon) x 100 = 8x10-4 wt% of the carbon film HB(OH)2).
The minimum atm% of boron, when there is 94.4 wt% HB(OH)2 and assuming a total mass of the carbon layer of 100 grams, can be calculated by first determining the moles of boron:
8
x
10
-
4
g
H
B
(
O
H
)
2
*
1
m
o
l
45.883
g
=
1.744
*
10
-
5
m
o
l
s
H
B
(
O
H
)
2
1.744
*
10
-
5
m
o
l
s
H
B
(
O
H
)
2
*
23.59
%
b
o
r
o
n
a
t
o
m
s
=
4.113
*
10
-
6
m
o
l
s
b
o
r
o
n
Next, the moles of carbon need to be calculated:
99.9992
g
c
a
r
b
o
n
*
1
m
o
l
12.01
g
=
8.326
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
=
8.326
m
o
l
s
c
a
r
b
o
n
+
1.744
*
10
-
5
m
o
l
s
H
B
(
O
H
)
2
=
8.326
m
o
l
s
t
o
t
a
l
b
o
r
o
n
a
t
m
%
=
4.113
*
10
-
6
m
o
l
s
b
o
r
o
n
8.326
m
o
l
s
t
o
t
a
l
*
100
=
0
a
t
m
%
b
o
r
o
n
The maximum ratio of boron in the carbon film layer is 8.478 wt% of the total active material of HB(OH)2 to 0.5 wt% of the total active material of carbon, resulting in a ratio of 94.4:5.6 HB(OH)2 to carbon (8.478 wt% of the total active material of HB(OH)2 / (8.478 wt% of the total active material of HB(OH)2 + 0.5 wt% of the total active material of carbon) x 100 = 94.4 wt% of the carbon film HB(OH)2).
HB(OH)2 has a molar mass of 45.883 and carbon has a molar mass of 12.01
The maximum atm% of boron, when there is 94.4 wt% HB(OH)2 and assuming a total mass of the carbon layer of 100 grams, can be calculated by first determining the moles of boron:
94.4
g
H
B
(
O
H
)
2
*
1
m
o
l
45.883
g
=
1.839
m
o
l
s
H
B
(
O
H
)
2
1.839
m
o
l
s
H
B
(
O
H
)
2
*
23.59
%
b
o
r
o
n
a
t
o
m
s
=
0.433
m
o
l
s
b
o
r
o
n
Next, the moles of carbon need to be calculated:
5.6
g
c
a
r
b
o
n
*
1
m
o
l
12.01
g
=
0.466
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
=
0.466
m
o
l
s
c
a
r
b
o
n
+
1.839
m
o
l
s
H
B
(
O
H
)
2
=
2.305
m
o
l
s
t
o
t
a
l
b
o
r
o
n
a
t
m
%
=
0.433
m
o
l
s
b
o
r
o
n
2.305
m
o
l
s
t
o
t
a
l
*
100
=
18.79
a
t
m
%
b
o
r
o
n
The above calculated range of atm% of boron in the carbon film of 0 atm% to 18.79 atm% overlaps with the claimed ranges of 1.0 atm% or more and 0.2 atm% to 2.4 atm%. 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, ‘737 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.
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 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Asami (Japanese Patent Application Publication No. 2013/200984) in view of Kweon (US Patent Application Publication No. 2003/0054250) and Maenishi (Japanese Patent Application Publication No. 2018/195559). For prior art discussion see English translation for JP-20132000984-A and JP-2018195559-A.
Regarding claim 1, Asami teaches an anode mixture (negative electrode material, title) containing a plurality of carbon particles (carbonaceous particles (A)) and a plurality of silicon-based particles (silicon oxide particles (B)) ([0016]). The carbon particles include scaly graphite particles (flake graphite (A2), [0016]).
A content of the silicon-based particles relative to the carbon particles 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 of the scaly graphite particles relative to the carbon particles 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 range of 0.8 mass% to 85.0 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).
Asami does not explicitly teach the carbon particles include a coated graphite particle, the coated graphite particle including the scaly graphite particle with a carbon film doped with boron and covering at least a part of a surface of the graphite particle.
Kweon teaches an active material for an anode (title and [0040]). The active material includes scaly graphite particles ([0043], the active material is crystalline carbon, including plate shaped graphite) that are coated ([0050], the active material has a surface-treatment layer). The coating is a carbon film ([0053], the surface-treatment layer has a conductive agent, selected from a carbon-based conductive agent, a graphite-based conductive agent) doped with boron ([0051]. The coating element may include a group 13 element, which includes boron, and [0060], wherein the coating element is specifically B2O3, H3BO3, or HB(OH)2) covering at least a part of a surface of the graphite particle ([0050]). Coating the scaly graphite particle with a carbon film that is doped with boron allows for good electrochemical characteristics, such as capacity, cycle life, discharge potential, power capability, and other similar electrochemical characteristics ([0016]).
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 include a coated graphite particle, as taught by Kweon, in the anode mixture of Asami. One of ordinary skill in the art would have been motivated to make this inclusion for the improved electrochemical characteristics.
Modified Asami does not explicitly teach an intensity ratio of a Raman spectrum of the coated graphite particle is 0.3 to 0.8.
Maenishi teaches an anode mixture (negative electrode active material) for a non-aqueous secondary battery ([0001]). The anode mixture includes graphite containing boron at least on its surface as the anode active material ([0045]). Maenishi further teaches an intensity ratio of a Raman spectrum of the coated graphite particle is 0.4 or larger, which results in a suppression of side reactions with the electrolyte, in turn improving cycle characteristics ([0100]). This range overlaps with the claimed range of 0.3 to 0.8. 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).
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 have an intensity ratio of a Raman spectrum of the coated graphite particle of modified Asami in the range taught by Maenishi. One of ordinary skill in the art would have been motivated to use this range for the improved cycle characteristics.
Regarding claims 3 and 4, Asami further teaches the carbon particles include a plurality of spherical graphite particles ([0016], spheroidized graphite (A1)).
To determine the atm% of boron in the carbon film of modified Asami, the mass of each component of the carbon film must be determined. The carbon film contains from 2x10-5 wt% of the total active material of boron to 2 wt% of the total active material of boron ([0052]) and 0.5 wt% of the total active material of carbon to 10 wt% of the total active material of carbon ([0055]).
The boron contained in the carbon film is in the form of HB(OH)2 ([0121]). As boron makes up 23.59% of the mass of HB(OH)2 (3.024 AU H + 10.811 AU B + 31.998 AU O = 45.833 AU total. 10.811 AU B/45.883 AU total = 23.59%), this results in the carbon film layer containing a minimum of 8x10-5 wt% of the total active material of HB(OH)2 (2x10-5 wt% / 0.2359) to a maximum of 8.478 wt% of the total active material of HB(OH)2 (2 wt% / 0.2359).
The minimum ratio of boron in the carbon film layer is 8x10-5 wt% of the total active material of HB(OH)2 to 10 wt% of the total active material of carbon, resulting in a ratio of 0.0008:99.9992 HB(OH)2 to carbon (8x10-5wt% of the total active material of HB(OH)2 / (8x10-5 wt% of the total active material of HB(OH)2 + 10 wt% of the total active material of carbon) x 100 = 8x10-4 wt% of the carbon film HB(OH)2).
The minimum atm% of boron, when there is 94.4 wt% HB(OH)2 and assuming a total mass of the carbon layer of 100 grams, can be calculated by first determining the moles of boron:
8
x
10
-
4
g
H
B
(
O
H
)
2
*
1
m
o
l
45.883
g
=
1.744
*
10
-
5
m
o
l
s
H
B
(
O
H
)
2
1.744
*
10
-
5
m
o
l
s
H
B
(
O
H
)
2
*
23.59
%
b
o
r
o
n
a
t
o
m
s
=
4.113
*
10
-
6
m
o
l
s
b
o
r
o
n
Next, the moles of carbon need to be calculated:
99.9992
g
c
a
r
b
o
n
*
1
m
o
l
12.01
g
=
8.326
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
=
8.326
m
o
l
s
c
a
r
b
o
n
+
1.744
*
10
-
5
m
o
l
s
H
B
(
O
H
)
2
=
8.326
m
o
l
s
t
o
t
a
l
b
o
r
o
n
a
t
m
%
=
4.113
*
10
-
6
m
o
l
s
b
o
r
o
n
8.326
m
o
l
s
t
o
t
a
l
*
100
=
0
a
t
m
%
b
o
r
o
n
The maximum ratio of boron in the carbon film layer is 8.478 wt% of the total active material of HB(OH)2 to 0.5 wt% of the total active material of carbon, resulting in a ratio of 94.4:5.6 HB(OH)2 to carbon (8.478 wt% of the total active material of HB(OH)2 / (8.478 wt% of the total active material of HB(OH)2 + 0.5 wt% of the total active material of carbon) x 100 = 94.4 wt% of the carbon film HB(OH)2).
HB(OH)2 has a molar mass of 45.883 and carbon has a molar mass of 12.01
The maximum atm% of boron, when there is 94.4 wt% HB(OH)2 and assuming a total mass of the carbon layer of 100 grams, can be calculated by first determining the moles of boron:
94.4
g
H
B
(
O
H
)
2
*
1
m
o
l
45.883
g
=
1.839
m
o
l
s
H
B
(
O
H
)
2
1.839
m
o
l
s
H
B
(
O
H
)
2
*
23.59
%
b
o
r
o
n
a
t
o
m
s
=
0.433
m
o
l
s
b
o
r
o
n
Next, the moles of carbon need to be calculated:
5.6
g
c
a
r
b
o
n
*
1
m
o
l
12.01
g
=
0.466
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
=
0.466
m
o
l
s
c
a
r
b
o
n
+
1.839
m
o
l
s
H
B
(
O
H
)
2
=
2.305
m
o
l
s
t
o
t
a
l
b
o
r
o
n
a
t
m
%
=
0.433
m
o
l
s
b
o
r
o
n
2.305
m
o
l
s
t
o
t
a
l
*
100
=
18.79
a
t
m
%
b
o
r
o
n
The above calculated range of atm% boron in the carbon film of 0 atm% to 18.79 atm% overlaps with the claimed ranges of 1.0 atm% or more and 0.2 atm% to 2.4 atm%. 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]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Asami (Japanese Patent Application Publication No. 2013/200984) in view of Kweon (US Patent Application Publication No. 2003/0054250) and Maenishi (Japanese Patent Application Publication No. 2018/195559), further in view of Sheem (US Patent No. 6,703,166). For prior art discussion see English translation for JP-20132000984-A and JP-2018195559-A.
Asami, Kewon, and Maenishi are relied upon as described above.
Modified Asami does not explicitly teach the scaly graphite particle is doped with boron.
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.
Conclusion
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/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 09/15/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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