DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Applicant’s amendments submitted on 2/13/26 have been received. Claims 1 and 7 have been amended. Claims 3 and 15 have been cancelled.
Claim Rejections - 35 USC § 103
3. 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 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.
4. 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.
5. Claim(s) 1, 2, 11, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yushin et al. (US 2020/0235420) in view of Helbig et al. (DD230963A1) with citations from machine translation provided with this Office Action.
Regarding claim 1, Yushin discloses a lithium metal secondary battery ([0023]) comprising a cathode(see active cathode layer 503 and cathode current collector 502 in Fig. 5, [0237]), an anode(see anode layer 519 and anode current collector 518 in Fig. 5, [0237]), and an electrolyte-separator assembly disposed between said cathode and said anode(see separator layer 515 which may comprise a porous separator membrane 516 impregnated by electrolyte 514, Fig. 5, [0237]), wherein said anode comprises an anode current collector or an anode active material layer supported by an anode current collector ([0237]) and said cathode comprises: a) A cathode active material layer([0237]); and b) A cathode-protecting layer in physical contact with said cathode active material layer (see cathode particles 504 with core 505 and protective shell 506 in Fig. 5, [0237], [0162]) and in ionic contact with said electrolyte-separator assembly([0015]), wherein said cathode-protecting layer has a thickness which may range from around 0.2 nm to around 50 nm ([0169]), which overlaps the claim range from 10 nm to 500 µm, thus reading on the limitation.
Continuing with claim 1, Yushin discloses comprises an electrically and ionically conducting network of cross-linked polymer chains ([0108], [0159], [0200], [0202]-[0203]) having a lithium ion conductivity about 10−10 to about 0.1 S/cm([0099]) which overlaps the claim range from 10-8 to 5x10-2 S/cm, thus reading on the limitation.
Continuing with claim 1, Yushin discloses an electron conductivity around 10−10 S/m to around 10+2 S/m ([0108]) which overlaps the claim range from 10-8 to 103 S/cm, thus reading on the limitation.
Yushin is explicitly silent to the claimed ranges however “in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
Continuing with claim 1, Yushin discloses wherein said conducting network of cross-linked polymer chains comprises a conjugated polymer ([0195]) selected from but are not limited to poly(thiophene), poly(acetylene), poly(paraphenylene), poly(aniline), poly(paraphenylene vinylene), poly((2,5 dialkoxy)paraphenylene vinylene), or poly(pyrrole) ([0200]) but does not explicitly disclose alkoxy-substituted poly(2,5-bis(cholestanoxy) phenylene vinylene), poly[(1,4-phenylene-1,2- diphenylvinylene)], poly(3',7'-dimethyloctyloxy phenylene vinylene), poly(3-methyl-4-cyclohexylthiophene), poly(2,5-dialkoxy- 1,4-phenyleneethynylene), poly(2-decyloxy-1,4-phenylene), poly(9,9-dioctylfluorene), a derivative thereof, a copolymer thereof, a sulfonated version thereof, or a combination thereof.
Helbig teaches creating repeatedly chargeable and dischargeable electrodes for accumulators, whereby thermoplastic polymers are to be used as the electrode material and have very good film forming properties (p. 4, line 10-13). Helbig teaches accumulators built with polymer electrode material are characterized by high energy and power densities (p. 1, lines 3-4). Helbig teaches film forming polyarylene vinylene (p. 4, lines 19-20). Helbig teaches for example, poly(1,4-phenylene-1,2-diphenylvinylene) (p. 5, line 14). Helbig teaches the polymers used are conjugated (p. 7, lines 10-11). Helbig teaches the electrodes contain conductivity-enhancing additives to improve their electrical properties, for example graphite, soluble or insoluble conjugated compounds or conducting salt (p. 9, lines 7-9). Helbig teaches accumulators with anodes (positive pole) made of aryl-substituted polyarylene vinylenes (p. 9, lines 19-28 to p. 10, line 1).
It would have been obvious to one of ordinary skill in the art to use as a conjugated polymer in Yushin, poly(1,4-phenylene-1,2-diphenylvinylene) as taught by Helbig as art recognized equivalence for the same purpose. See MPEP 2144.06 II.
Regarding claim 2, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin further discloses said electrolyte is selected from organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, or solid-state electrolyte(Yushin [0056]).
Regarding claim 11, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin further discloses said cathode active material layer comprises a cathode active material selected from an inorganic material(Yushin [0029]), or an alkali metal polysulfide(Yushin [0237]).
Regarding claim 29, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin further discloses said lithium metal secondary battery comprises a rechargeable lithium metal cell (Yushin [0237]).
6. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yushin et al. (US 2020/0235420) in view of Helbig et al. (DD230963A1) with citations from machine translation provided with this Office Action as applied to claim 1 above, in further view of Zhamu (US 2013/0059174) hereinafter referred to as Zhamu ‘174.
Regarding claim 4, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin discloses said anode comprises an anode current collector(Yushin [0237]) but does not explicitly disclose no anode active material when said battery is made.
Zhamu ‘174 teaches super-battery cell, comprising: (a) A positive electrode (cathode) comprising a cathode active material having a surface area to capture or store lithium thereon (the cathode active material is not a functionalized material, having no functional group to capture a lithium atom); (b) A negative electrode (anode) comprising an anode current collector; (c) A porous separator disposed between the two electrodes; (d) A lithium-containing electrolyte in physical contact with the two electrodes, wherein the cathode active material has a specific surface area of no less than 100 m2/g being in direct physical contact with the electrolyte to receive lithium ions therefrom or to provide lithium ions thereto; and (e) A lithium source implemented at the anode or cathode prior to a first discharge or a first charge cycle of the cell([0032]).
It would have been obvious to one of ordinary skill in the art to provide in the battery of modified Yushin, said anode comprises an anode current collector but no anode active material when said battery is made as taught by Zhamu ‘174 as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
7. Claim(s) 5, 8, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yushin et al. (US 2020/0235420) in view of Helbig et al. (DD230963A1) with citations from machine translation provided with this Office Action as applied to claim 1 above, in further view of Holman et al. (US 2004/0018430) as cited in IDS dated 6/30/23.
Regarding claim 5, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin does not explicitly disclose said cathode-protecting layer further comprises a liquid solvent that permeates into said conducting network of cross- linked polymer chains to form a conductive polymer gel.
Holman teaches electrochemical devices, electrodes, and precursor materials use encapsulant materials to impart electrochemical stability, ionic conductivity, electronic conductivity, and surface force characteristics to an electrochemical device([0058]). Holman teaches the conductive polymer layer can either elastically or plastically deform([0026]). Holman teaches the latex can further include a coalescing agent, such as a low molecular weight polymer or a solvent that softens or swells (gels) one or more of the polymer particle components of the latex and the coalescing agent serves as a film-forming agent by softening the polymer particles so that they elastically deform and neck to provide increased contact from particle to particle([0026]). Holman teaches increased contact improves the percolative pathway in the encapsulating layer, which increases the conductivity of the layer (when the percolative pathway is formed from the conductive particles)([0026]). Holman teaches said cathode-protecting layer further comprises a liquid solvent that permeates into said conducting network of cross- linked polymer chains to form a conductive polymer gel(Holman [0026]).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Yushin with said cathode-protecting layer further comprises a liquid solvent that permeates into said conducting network of cross- linked polymer chains to form a conductive polymer gel as taught by Holman in order to provide increased contact improving the percolative pathway in the encapsulating layer, which increases the conductivity of the layer.
Regarding claim 8, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin does not explicitly disclose said conducting network of cross-linked polymer chains further contains from 0.1% to 40% by weight of a lithium ion- conducting additive dispersed therein.
Holman teaches electrochemical devices, electrodes, and precursor materials use encapsulant materials to impart electrochemical stability, ionic conductivity, electronic conductivity, and surface force characteristics to an electrochemical device([0058]). Holman teaches said conducting network of cross-linked polymer chains further contains 5 wt% lithium salt (Example 2, [0126]) which is within the claim range from 0.1% to 40% by weight of a lithium ion- conducting additive dispersed therein. Holman teaches the incorporation of the lithium salt serves to increase the Li ion conductivity of the PEDT-PSS conductive polymer ([0126]).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Yushin with said conducting network of cross-linked polymer chains further contains from 0.1% to 40% by weight of a lithium ion- conducting additive dispersed therein as taught by Holman in order to increase the Li ion conductivity of the conductive polymer.
Regarding claim 28, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin does not explicitly disclose said anode further comprises an anode-protecting layer implemented between said anode active layer or current collector and said electrolyte-separator assembly, wherein said anode-protecting layer has a thickness from 10 nm to 500 µm and comprises an electrically and ionically conducting network of cross-linked polymer chains having a lithium ion conductivity preferably from 10-8 to 5 x10-2 S/cm and an electron conductivity from 10-8 to 103 S/cm.
Holman teaches electrochemical devices, electrodes, and precursor materials use encapsulant materials to impart electrochemical stability, ionic conductivity, electronic conductivity, and surface force characteristics to an electrochemical device([0058]). Holman teaches said anode further comprises an anode-protecting layer implemented between said anode active layer or current collector and said electrolyte-separator assembly(Holman [0089]), wherein said anode-protecting layer has a thickness in the range of less than about 1 micron (Holman [0025]) which overlaps the claim range from 10 nm to 500 µm. Holman teaches
comprising an electrically and ionically conducting network of cross-linked polymer chains(Holman [0022], [0120]-[0121]) having a lithium ion conductivity of at least about 10−7 S/cm, or 10−4 S/cm (Holman [0025]) which is within the claim range from 10-8 to 5x10-2 S/cm and an electron conductivity of at least about 10 −2 S/cm, 0.1 S/cm, 1 S/cm, 10 S/cm, or 100 S/cm (Holman [0025]) which is within the claim range from 10-8 to 103 S/cm. Holman teaches a coating can be used on the cathode electroactive material compound or the anode electroactive material, in order to obtain a repelling dispersion force between the two, using the separator/electrolytes given([0089]. Holman teaches coatings are selected to provide both the desired surface attractive or repulsive forces and adequate conductivity for electrochemical device function([0089].
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Yushin with said anode further comprises an anode-protecting layer implemented between said anode active layer or current collector and said electrolyte-separator assembly, wherein said anode-protecting layer has a thickness from 10 nm to 500 µm and comprises an electrically and ionically conducting network of cross-linked polymer chains having a lithium ion conductivity preferably from 10-8 to 5 x10-2 S/cm and an electron conductivity from 10-8 to 103 S/cm as taught by Holman in order to provide both the desired surface attractive or repulsive forces and adequate conductivity for electrochemical device function.
8. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yushin et al. (US 2020/0235420) in view of Helbig et al. (DD230963A1) with citations from machine translation provided with this Office Action as applied to claims 1 and 2 above, in further view of Holman et al. (US 2004/0018430) as cited in IDS dated 6/30/23.
Regarding claim 6, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin does not explicitly disclose said cathode-protecting layer further comprises a liquid solvent that permeates into said conducting network of cross- linked polymer chains to form a conductive polymer gel.
Holman teaches electrochemical devices, electrodes, and precursor materials use encapsulant materials to impart electrochemical stability, ionic conductivity, electronic conductivity, and surface force characteristics to an electrochemical device([0058]). Holman teaches the conductive polymer layer can either elastically or plastically deform([0026]). Holman teaches the latex can further include a coalescing agent, such as a low molecular weight polymer or a solvent that softens or swells (gels) one or more of the polymer particle components of the latex and the coalescing agent serves as a film-forming agent by softening the polymer particles so that they elastically deform and neck to provide increased contact from particle to particle([0026]). Holman teaches increased contact improves the percolative pathway in the encapsulating layer, which increases the conductivity of the layer (when the percolative pathway is formed from the conductive particles)([0026]). Holman teaches said cathode-protecting layer further comprises a liquid solvent that permeates into said conducting network of cross- linked polymer chains to form a conductive polymer gel(Holman [0026]).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Yushin with said cathode-protecting layer further comprises a liquid solvent that permeates into said conducting network of cross- linked polymer chains to form a conductive polymer gel as taught by Holman in order to provide increased contact improving the percolative pathway in the encapsulating layer, which increases the conductivity of the layer.
9. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yushin et al. (US 2020/0235420) in view of Helbig et al. (DD230963A1) with citations from machine translation provided with this Office Action, in further view of Itoh et al. (US 2010/0009266).
Regarding claim 7, Yushin discloses a lithium metal secondary battery ([0023]) comprising a cathode(see active cathode layer 503 and cathode current collector 502 in Fig. 5, [0237]), an anode(see anode layer 519 and anode current collector 518 in Fig. 5, [0237]), and an electrolyte-separator assembly disposed between said cathode and said anode(see separator layer 515 which may comprise a porous separator membrane 516 impregnated by electrolyte 514, Fig. 5, [0237]), wherein said anode comprises an anode current collector or an anode active material layer supported by an anode current collector ([0237]) and said cathode comprises: a) A cathode active material layer([0237]); and b) A cathode-protecting layer in physical contact with said cathode active material layer (see cathode particles 504 with core 505 and protective shell 506 in Fig. 5, [0237], [0162]) and in ionic contact with said electrolyte-separator assembly([0015]), wherein said cathode-protecting layer has a thickness which may range from around 0.2 nm to around 50 nm([0169]), which overlaps the claim range from 10 nm to 500 µm, thus reading on the limitation.
Continuing with claim 7, Yushin discloses comprises an electrically and ionically conducting network of cross-linked polymer chains ([0108], [0159], [0200], [0202]-[0203]) having a lithium ion conductivity about 10−10 to about 0.1 S/cm([0099]) which overlaps the claim range from 10-8 to 5x10-2 S/cm, thus reading on the limitation.
Continuing with claim 7, Yushin discloses an electron conductivity around 10−10 S/m to around 10+2 S/m ([0108]) which overlaps the claim range from 10-8 to 103 S/cm, thus reading on the limitation.
Yushin is explicitly silent to the claimed ranges however “in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
Continuing with claim 7, Yushin discloses wherein said conducting network of cross-linked polymer chains comprises a conjugated polymer ([0195]) selected from but are not limited to poly(thiophene), poly(acetylene), poly(paraphenylene), poly(aniline), poly(paraphenylene vinylene), poly((2,5 dialkoxy)paraphenylene vinylene), or poly(pyrrole) ([0200]) but does not explicitly disclose alkoxy-substituted poly(2,5-bis(cholestanoxy) phenylene vinylene), poly[(1,4-phenylene-1,2- diphenylvinylene)], poly(3',7'-dimethyloctyloxy phenylene vinylene), poly(3-methyl-4-cyclohexylthiophene), poly(2,5-dialkoxy- 1,4-phenyleneethynylene), poly(2-decyloxy-1,4-phenylene), poly(9,9-dioctylfluorene), a derivative thereof, a copolymer thereof, a sulfonated version thereof, or a combination thereof.
Helbig teaches creating repeatedly chargeable and dischargeable electrodes for accumulators, whereby thermoplastic polymers are to be used as the electrode material and have very good film forming properties (p. 4, line 10-13). Helbig teaches accumulators built with polymer electrode material are characterized by high energy and power densities (p. 1, lines 3-4). Helbig teaches film forming polyarylene vinylene (p. 4, lines 19-20). Helbig teaches for example, poly(1,4-phenylene-1,2-diphenylvinylene) (p. 5, line 14). Helbig teaches the polymers used are conjugated (p. 7, lines 10-11). Helbig teaches the electrodes contain conductivity-enhancing additives to improve their electrical properties, for example graphite, soluble or insoluble conjugated compounds or conducting salt (p. 9, lines 7-9). Helbig teaches accumulators with anodes (positive pole) made of aryl-substituted polyarylene vinylenes (p. 9, lines 19-28 to p. 10, line 1).
It would have been obvious to one of ordinary skill in the art to use as a conjugated polymer in Yushin, poly(1,4-phenylene-1,2-diphenylvinylene) as taught by Helbig as art recognized equivalence for the same purpose. See MPEP 2144.06 II.
Continuing with claim 7, modified Yushin does not explicitly disclose wherein said conducting network of cross-linked polymer chains further comprises from 0.01% to 50% of an electrically non-conducting reinforcement material dispersed in said conducting network of cross-linked polymer chains to form a conducting network polymer composite.
Itoh teaches an ion-conductive polymer electrolyte and a secondary battery employing the same([0001]). Itoh teaches the ion-conductive polymer electrolyte may be used after having been combined with a reinforcing material for the purpose of improving the tensile strength and flexural strength of the electrolyte([0073]). Itoh teaches examples of the reinforcing material include formed glasses such as glass cloths, nonwoven glass fabrics, glass mats, glass fibers, and glass beads, inorganic powders such as silica([0073]).
It would have been obvious to one of ordinary skill in the art to provide in the battery of modified Yushin, said conducting network of cross-linked polymer chains further comprises an electrically non-conducting reinforcement material dispersed in said conducting network of cross-linked polymer chains to form a conducting network polymer composite as taught by Itoh in an amount from 0.01% to 50% of as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
10. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yushin et al. (US 2020/0235420) in view of Helbig et al. (DD230963A1) with citations from machine translation provided with this Office Action, in further view of Holman et al. (US 2004/0018430) as cited in IDS dated 6/30/23 as applied to claims 1 and 8 above, in further view of Locke et al. (US 2022/0102758).
Regarding claim 9, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin discloses LiClO4, LiBETI, LiPF6 (Holman [0125]-[0126]) but does not explicitly disclose said lithium ion-conducting additive is selected from Li2CO3, Li2O, Li2C2O4, LiOH, LiX, ROCO2Li, HCOLi, ROLi, (ROCO2Li)2, (CH2OCO2Li)2, Li2S, LiXSOy, or a combination thereof, wherein X = F, Cl, I, or Br, R=a hydrocarbon group, 0<x≤1, 1≤y≤4.
Locke teaches the cathode may further comprise an ionically conductive material, specifically a solid Li+ or Na+ ionic conductor([0026]). Locke teaches examples of ceramic materials that can be used as the lithium-ion conductive material include: Li-containing oxides e.g. Li3.3La0.56TiO3; Nasicon structure (eg: LiTi(PO4)3); LiSlCON (Li14Zn(GeO4)4); Li10GeP2S12; Garnet: Li7La3Zr2O12; Li2O; other oxides e.g. Al2O3, TiO2, ZrO2 SiO2, ZnO; sulfides e.g. Li2S—P2S5; antiperovskites e.g. Li3OCl; hydrides e.g. LiBH4, (X=Cl, Br, I), LiNH, LiNH2, Li3AlH6, Li2NH; borates or phosphates e.g. Li2B4O7, Li3PO4, LiPON; carbonates or hydroxides e.g. Li2CO3 ([0028]).
It would have been obvious to one of ordinary skill in the art to use the lithium ion conducting additive selected from Li2CO3 as art recognized equivalence for the same purpose. See MPEP 2144.06 II.
11. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yushin et al. (US 2020/0235420) in view of Helbig et al. (DD230963A1) with citations from machine translation provided with this Office Action, in further view of Holman et al. (US 2004/0018430) as cited in IDS dated 6/30/23 as applied to claims 1 and 8 above.
Regarding claim 10, modified Yushin discloses all of the claim limitations as set forth above. Modified Yushin further discloses said lithium ion-conducting additive contains a lithium salt selected from lithium perchlorate (LiClO4), lithium hexafluorophosphate (LiPF6), lithium bisperfluoro-ethylsulfonylimide (LiBETI) (Holman [0125]-[0126]).
Response to Arguments
12. Applicant’s arguments with respect to claim(s) 1, 2, 4-11, 28, and 29 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724