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
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.
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Zhamu et al. (US PGPub 2012/0064409 A1) and further in view of Yushin et al. (US PGPub 2013/0344391 A1), Kim et al. (US PGPub 2014/0087255 A1), and Zhamu et al. (US PGPub 2017/0352869 A1), hereinafter referred to as Zhamu ‘869.
Regarding Claim 17, Zhamu discloses in Fig. 3 an anode for a lithium battery ([0039]), said anode comprising multiple porous graphene composite balls (particulates) (Fig. 3, [0039], [0144], see formation of interconnected pores in the particulate), wherein at least one of said porous graphene composite balls comprises a plurality of graphene sheets ([0039]).
Zhamu further discloses wherein at least one of said porous graphene composite balls comprises a plurality of anode active material particles ([0039]) and may further comprise an ion-conducting material ([0050], carbon or graphite material).
It would have been obvious to one of ordinary skill in the art to utilize an ion-conducting material in said porous graphene composite ball, as disclosed by Zhamu, wherein the skilled artisan would have reasonable expectation that such would successfully form the anode desired by Zhamu.
Modified Zhamu further discloses wherein the at least one of said porous graphene composite balls comprises the plurality of graphene sheets in an amount of at least 0.01% by weight and the plurality of anode active material particles in an amount of at least 0.1% by weight ([0039] of Zhamu) in order to form an anode having high conductivity, high electrode tap density, long-term cycling stability, and significantly improved reversible capacity and first-cycle efficiency ([0039], [0017]).
In light of the above, modified Zhamu discloses wherein at least one of said porous graphene balls have a graphene-to-ion-conducting-material weight ratio necessarily and inherently in an amount of greater than 0% and less than 100%, which encompasses the instantly claimed ratios of 2/98 or 98/2 (e.g. when the plurality of graphene sheets are included in 49% by weight, the plurality of anode active material particles are included in 50% by weight, and consequently the ion-conducting material is included in 1% by weight such that the graphene-to-ion-conducting-material ratio is 49/1, which is mathematically equivalent to 98/2.
It would have been obvious to one of ordinary skill in the art to form the at least one of said porous graphene composite balls to have a graphene-to-ion-conducting material weight ratio in the encompassing portion of the range disclosed by modified Zhamu, wherein the skilled artisan would have a reasonable expectation that such would successfully form an anode having high conductivity, high electrode tap density, long-term cycling stability, and significantly improved reversible capacity and first-cycle efficiency while successfully forming an SEI layer, thereby achieving enhanced cycling ability and improved rate performance, as desired by modified Zhamu.
Modified Zhamu discloses wherein the plurality of graphene sheets and the ion-conducting material are combined to form into said graphene composite ball ([0039]) and further discloses wherein said anode active material particles in the at least one of said porous graphene composite balls have a diameter preferably smaller than 100 nm ([0048]).
However, modified Zhamu remains silent regarding the diameter of the at least one of said graphene composite balls and consequently does not disclose said graphene composite ball having a diameter from 50 nm to 20 µm.
Yushin teaches an anode for a metal-ion battery comprising porous composite ball (core-shell composite) ([0029]).
Specifically, Yushin teaches wherein the porous composite ball can be designed to have a diameter from 50 nm to 50 µm ([0080]), which encompasses the range of smaller than 100 nm desired by modified Zhamu and further encompasses the instantly claimed range of 50 nm to 20 µm.
It would have been obvious to one of ordinary skill in the art to utilize the encompassing portion of the range taught by Yushin for the diameter of the at least one of said porous graphene composite balls of modified Zhamu, as such is a known suitable range in the art that utilizes the desired diameter of the anode active material particles of modified Zhamu and therefore the skilled artisan would have reasonable expectation that such would successfully form the porous graphene composite ball desired by modified Zhamu.
Modified Zhamu discloses said porous graphene composite balls (Fig. 3, [0039], [0144] of Zhamu, see formation of interconnected pores in the particulate) and therefore necessarily and inherently discloses said porous graphene composite balls necessarily and inherently comprise a pore or multiple pores having a pore volume fraction greater than 0% and less than 100% based on the total porous graphene composite ball volume, which encompasses the instantly claimed value of 10%.
It would have been obvious to one of ordinary skill in the art to utilize the encompassing portion of the range disclosed by modified Zhamu for the pore volume fraction based on the total porous graphene composite ball volume, wherein the skilled artisan would have reasonable expectation that such would successfully form the porous graphene composite ball desired by modified Zhamu.
Furthermore, Kim teaches in Fig. 1 an anode for a lithium battery comprising porous composite ball ([0003], [0031]), wherein said porous composite balls comprise a conducting agent (13), such as graphene, and anode active material particles (12) ([0031], [0038]-[0043]).
Specifically, Kim teaches wherein a pore volume fraction (porosity) of said porous composite ball may be appropriately controlled in a range of about 1% to about 80% in order to improve the discharge capacity, high-rate characteristics, and lifetime characteristics of the lithium battery ([0034]), which encompasses the instantly claimed value of 10%.
It would have been obvious to one of ordinary skill in the art to form the at least one of said porous graphene composite balls of modified Zhamu to have a pore volume fraction in the encompassing portion of the range taught by Kim, in order to improve the discharge capacity, high-rate characteristics, and lifetime characteristics of the lithium battery of modified Zhamu, wherein the porous graphene composite ball of modified Zhamu is porous and therefore the skilled artisan would have reasonable expectation that such would successfully form said porous graphene composite balls desired by modified Zhamu.
Modified Zhamu further discloses a current collector having two primary surfaces, wherein said multiple porous graphene composite balls may be deposited on one or two primary surfaces of the current collector ([0100] of Zhamu, wherein the current collector is a foil and therefore necessarily and inherently has two primary surfaces).
Modified Zhamu remains silent regarding the density and the specific surface area of the at least one of said porous graphene composite balls and consequently does not disclose wherein said porous graphene composite ball has a density from 0.005 to 1.7 g/cm3 and a specific surface area from 50 to 2,630 m2/g.
Zhamu ‘869 teaches an anode for a lithium battery, said anode comprising a plurality of graphene sheets and a plurality of anode active material particles (lithium-attracting metal) ([0040]).
Specifically, Zhamu ‘869 teaches wherein the anode, when measured without the presence of the anode active material particles (lithium-attracting metal) has a density preferably from 0.1 to 1.7 g/cm3 and a specific surface area from 50 to 2,500 m2/g in order to dramatically reduce the effective elected current density, which in turn significantly reduces or eliminates the possibility of Li dendrite formation ([0044], [0103]), which overlaps with the instantly claimed ranges of 0.005 to 1.7 g/cm3 and 50 to 2,630 m2/g respectively.
Zhamu ‘869 further teaches wherein the presence of the anode active material particles (lithium-attracting metal) provides a safe and reliable side to receive and accommodate lithium during a battery charging step ([0103]).
The Examiner notes that the instant specification discloses where the porous graphene composite balls have a density from 0.005 to 1.7 g/cm3, and when measured without other ingredients, have a density from 0.1 to 1.7 1.7 g/cm3 (P9, L20-23).
It would have been obvious to one of ordinary skill in the art to form the form the porous graphene composite balls of modified Zhamu to have a density and a specific surface area in the ranges taught by Zhamu ‘869, in order to dramatically reduce the effective elected current density, which in turn significantly reduces or eliminates the possibility of Li dendrite formation, wherein the skilled artisan would have reasonable expectation that such would successfully achieve the above advantage while providing a safe and reliable side to receive and accommodate lithium during a battery charging step in a lithium battery.
In another interpretation, the following is relied upon.
Regarding Claim 17, Zhamu discloses in Fig. 3 an anode for a lithium battery ([0039]), said anode comprising multiple porous graphene composite balls (particulates) (Fig. 3, [0039], [0144], see formation of interconnected pores in the particulate), wherein at least one of said porous graphene composite balls comprises a plurality of graphene sheets and an ion-conducting material (anode active material particles) ([0039]).
Zhamu further discloses wherein the at least one of said porous graphene composite balls comprises the plurality of graphene sheets in an amount of at least 0.01% by weight and the ion-conducting material in an amount of at least 0.1% by weight ([0039]) in order to form an anode having high conductivity, high electrode tap density, long-term cycling stability, and significantly improved reversible capacity and first-cycle efficiency ([0039], [0017]).
In light of the above, Zhamu discloses wherein at least one of said porous graphene balls have a graphene-to-ion-conducting-material weight ratio necessarily and inherently in an amount of greater than 0% and less than 100%, which encompasses the instantly claimed ratios of 2/98 or 98/2 (e.g. when the plurality of graphene sheets are included in 2 or 98% by weight and the plurality of anode active material particles are included in 98 or 2% by weight such that graphene-to-ion-conducting-material weight ratio is 2/98 or 98/2).
It would have been obvious to one of ordinary skill in the art to form the at least one of said porous graphene composite balls to have a graphene-to-ion-conducting material weight ratio in the encompassing portion of the range disclosed by Zhamu, wherein the skilled artisan would have a reasonable expectation that such would successfully form an anode having high conductivity, high electrode tap density, long-term cycling stability, and significantly improved reversible capacity and first-cycle efficiency while successfully forming an SEI layer, thereby achieving enhanced cycling ability and improved rate performance, as desired by Zhamu.
Modified Zhamu discloses wherein the plurality of graphene sheets and the ion-conducting material are combined to form into said graphene composite ball ([0039]) and further discloses wherein said ion-conducting material in the at least one of said porous graphene composite balls has a diameter preferably smaller than 100 nm ([0048]).
However, modified Zhamu remains silent regarding the diameter of the at least one of said graphene composite balls and consequently does not disclose said graphene composite ball having a diameter from 50 nm to 20 µm.
Yushin teaches an anode for a metal-ion battery comprising porous composite ball (core-shell composite) ([0029]).
Specifically, Yushin teaches wherein the porous composite ball can be designed to have a diameter from 50 nm to 50 µm ([0080]), which encompasses the range of smaller than 100 nm desired by modified Zhamu and further encompasses the instantly claimed range of 50 nm to 20 µm.
It would have been obvious to one of ordinary skill in the art to utilize the encompassing portion of the range taught by Yushin for the diameter of the at least one of said porous graphene composite balls of modified Zhamu, as such is a known suitable range in the art that utilizes the desired diameter of the ion-conducting material of modified Zhamu and therefore the skilled artisan would have reasonable expectation that such would successfully form the porous graphene composite ball desired by modified Zhamu.
Modified Zhamu discloses said porous graphene composite balls (Fig. 3, [0039], [0144] of Zhamu, see formation of interconnected pores in the particulate) and therefore necessarily and inherently discloses said porous graphene composite balls necessarily and inherently comprise a pore or multiple pores having a pore volume fraction greater than 0% and less than 100% based on the total porous graphene composite ball volume, which encompasses the instantly claimed value of 10%.
It would have been obvious to one of ordinary skill in the art to utilize the encompassing portion of the range disclosed by modified Zhamu for the pore volume fraction based on the total porous graphene composite ball volume, wherein the skilled artisan would have reasonable expectation that such would successfully form the porous graphene composite ball desired by modified Zhamu.
Furthermore, Kim teaches in Fig. 1 an anode for a lithium battery comprising porous composite ball ([0003], [0031]), wherein said porous composite balls comprise a conducting agent (13), such as graphene, and an ion-conducting material (12, anode active material particles) ([0031], [0038]-[0043]).
Specifically, Kim teaches wherein a pore volume fraction (porosity) of said porous composite ball may be appropriately controlled in a range of about 1% to about 80% in order to improve the discharge capacity, high-rate characteristics, and lifetime characteristics of the lithium battery ([0034]), which encompasses the instantly claimed value of 10%.
It would have been obvious to one of ordinary skill in the art to form the at least one of said porous graphene composite balls of modified Zhamu to have a pore volume fraction in the encompassing portion of the range taught by Kim, in order to improve the discharge capacity, high-rate characteristics, and lifetime characteristics of the lithium battery of modified Zhamu, wherein the porous graphene composite ball of modified Zhamu is porous and therefore the skilled artisan would have reasonable expectation that such would successfully form said porous graphene composite balls desired by modified Zhamu.
Modified Zhamu further discloses a current collector having two primary surfaces, wherein said multiple porous graphene composite balls may be deposited on one or two primary surfaces of the current collector ([0100] of Zhamu, wherein the current collector is a foil and therefore necessarily and inherently has two primary surfaces).
Modified Zhamu remains silent regarding the density and the specific surface area of the at least one of said porous graphene composite balls and consequently does not disclose wherein said porous graphene composite ball has a density from 0.005 to 1.7 g/cm3 and a specific surface area from 50 to 2,630 m2/g.
Zhamu ‘869 teaches an anode for a lithium battery, said anode comprising a plurality of graphene sheets and an ion-conducting material (lithium-attracting metal) ([0040]).
Specifically, Zhamu ‘869 teaches wherein the anode, when measured without the presence of the ion-conducting material (lithium-attracting metal) has a density preferably from 0.1 to 1.7 g/cm3 and a specific surface area from 50 to 2,500 m2/g in order to dramatically reduce the effective elected current density, which in turn significantly reduces or eliminates the possibility of Li dendrite formation ([0044], [0103]), which overlaps with the instantly claimed ranges of 0.005 to 1.7 g/cm3 and 50 to 2,630 m2/g respectively.
Zhamu ‘869 further teaches wherein the presence of the ion-conducting material (lithium-attracting metal) provides a safe and reliable side to receive and accommodate lithium during a battery charging step ([0103]).
The Examiner notes that the instant specification discloses where the porous graphene composite balls have a density from 0.005 to 1.7 g/cm3, and when measured without other ingredients, have a density from 0.1 to 1.7 1.7 g/cm3 (P9, L20-23).
It would have been obvious to one of ordinary skill in the art to form the form the porous graphene composite balls of modified Zhamu to have a density and a specific surface area in the ranges taught by Zhamu ‘869, in order to dramatically reduce the effective elected current density, which in turn significantly reduces or eliminates the possibility of Li dendrite formation, wherein the skilled artisan would have reasonable expectation that such would successfully achieve the above advantage while providing a safe and reliable side to receive and accommodate lithium during a battery charging step in a lithium battery.
Response to Arguments
Applicant's arguments filed August 26, 2026 with respect to Claim 17 have been fully considered but they are not persuasive.
The Applicant argues that the cited prior art does not show or suggest the claim limitations with - at least one of the porous graphene composite balls comprises a plurality of graphene sheets and an ion-conducting material, at a graphene-to-ion- conducting material weight ratio of 2/98 or 98/2, that are combined to form into the porous graphene composite ball having a diameter from 50 nm to 20 pm and a pore or multiple pores having a pore volume fraction of 10% based on the total porous graphene composite ball volume.
The Examiner respectfully disagrees. As set forth in the rejection above, modified Zhamu discloses wherein at least one of said porous graphene balls have a graphene-to-ion-conducting-material weight ratio necessarily and inherently in an amount of greater than 0% and less than 100%, which encompasses the instantly claimed ratios of 2/98 or 98/2 (e.g. when the plurality of graphene sheets are included in 49% by weight, the plurality of anode active material particles are included in 50% by weight, and consequently the ion-conducting material is included in 1% by weight such that the graphene-to-ion-conducting-material ratio is 49/1, which is mathematically equivalent to 98/2.
In another interpretation, the plurality of anode active material particles read on the ion-conducting material such that Zhamu discloses wherein at least one of said porous graphene balls have a graphene-to-ion-conducting-material weight ratio necessarily and inherently in an amount of greater than 0% and less than 100%, which encompasses the instantly claimed ratios of 2/98 or 98/2 (e.g. when the plurality of graphene sheets are included in 2 or 98% by weight, the plurality of anode active material particles are included in 98 or 2% by weight such that graphene-to-ion-conducting-material weight ratio is 2/98 or 98/2).
It would have been obvious to one of ordinary skill in the art to form the at least one of said porous graphene composite balls to have a graphene-to-ion-conducting material weight ratio in the encompassing portion of the range disclosed by modified Zhamu/Zhamu, wherein the skilled artisan would have a reasonable expectation that such would successfully form an anode having high conductivity, high electrode tap density, long-term cycling stability, and significantly improved reversible capacity and first-cycle efficiency while successfully forming an SEI layer, thereby achieving enhanced cycling ability and improved rate performance, as desired by modified Zhamu/Zhamu.
The Examiner notes that Yushin has been relied on to render obvious the claimed diameter of the porous graphene ball ([0080]).
Furthermore, Zhamu discloses said porous graphene composite balls (Fig. 3, [0039], [0144] of Zhamu, see formation of interconnected pores in the particulate) and therefore necessarily and inherently discloses said porous graphene composite balls necessarily and inherently comprise a pore or multiple pores having a pore volume fraction greater than 0% and less than 100% based on the total porous graphene composite ball volume, which encompasses the instantly claimed value of 10%.
Moreover, the Examiner notes that Kim has been relied on to render obvious the claimed pore volume fraction of the porous graphene composite ball ([0034]).
Consequently, the combination of Zhamu, Yushin, Kim, and Zhamu ‘869 renders obvious Claim 17, as set forth in the rejections above.
Thus, the Applicant's arguments are not found to be persuasive.
Allowable Subject Matter
Claims 1, 7-10, 14-16 and 18-21 are allowed.
The following is an Examiner’s statement of reasons for allowance: Claims 1, 7-10, 14-16 and 18-21 were indicated as allowable in the prior Office Action dated February 26, 2026. Thus, refer to the prior Office Action dated February 26, 2026 for the statement of reasons for allowance.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
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