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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/12/2026, has been entered.
Claim Status
Claim 2 , and 22-33 have been cancelled.
Claims 21 has been withdrawn.
Claims 1, and 3-20 are currently pending.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3, 4, 7, 15, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US2019/0363345A1), in view of Lee et al. (US2017/0092956A1), in view of Inoue et al. (US2013/0266858A1), and in further view of Zhamu et al. (US2012/0064409A1).
As to claim 1 and 3, Xiao discloses an anode electrode for a lithium battery [0022], said anode electrode comprising:
a) An anode current collector having two primary surfaces [0069];
Xiao discloses the negative and positive electrode current collectors 20, 22 may comprise thin and flexible metallic foils [0081] and ... negative electrode current collector 20 may comprise copper, nickel, stainless steel, or titanium foils. Other types of metal foils or metallic materials may of course be used, if desired.[0081] However Xiao does not explicitly teach the current collector is selected from a foil of graphene, graphite, graphene-coated metal, graphite-coated metal, or a combination thereof, perforated sheet of graphene, graphite, graphene-coated metal, graphite-coated metal, or a combination thereof, or foam of graphene, graphite, graphene-coated metal, graphite-coated metal, carbon-coated metal, or a combination thereof;
In the same field of endeavor Lee discloses, a current collector for a negative electrode of the lithium secondary battery. [0031] and further teaches, ... A metal mesh foil for a current collector of a lithium secondary battery of the present invention is a metal mesh foil [0020]. .. The metal mesh foil may be one, in which microscopic irregularities are formed on a metal foil, the surface thereof is formed in the shape of a mesh screen, or a plurality of holes are punched into a metal foil, and specifically, may be one in which a plurality of holes are punched into a metal foil. In the specification of the present invention, the metal foil may have a shape of a film, a sheet, a foil, a net, a porous body, a foam body, or a non-woven fabric body [0021]. .. The metal mesh foil is not particularly limited as long as it is a metal mesh foil used as a negative electrode collector of the lithium secondary battery, specific examples of the metal mesh foil may be thin mesh foil of copper, gold, stainless steel, aluminum, nickel, titanium,[0032]. Where in the alternative the metal mesh foil meets the limitation, "the current collector is selected from a foil, perforated sheet."
Since a metal mesh foil for a current collector of a lithium secondary battery of the present invention may address limitations, such as flowing down of a slurry which may occur during the coating of the metal mesh foil with the slurry in the processing of a lithium secondary battery, by hydrophobically modifying the metal mesh foil through the formation of a hydrophobic deposition layer on the surface of the metal mesh foil, the metal mesh foil may be suitable for the preparation of the lithium secondary battery and a lithium secondary battery comprising the metal mesh foil may have a good performance in term of swelling problem, output characteristics, and lifetime characteristics [0015].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiao to incorporate the current collector of Lee to improve the battery cycle performance and reliability. Thereby creating a more marketable product.
b) Xiao discloses multiple particles or coating [0069] of a lithium-attracting metal [0074] deposited on at least one of the two primary surfaces [0069], but does not explicitly teach wherein said lithium-attracting metal or sodium-attracting metal, having a diameter or thickness from 1 nm to 10 µm, is selected from Au, Ag, Mg, K, Mn, Co, Ni, V, Cr, an alloy thereof, or a combination thereof;
In the same field of endeavor Inoue discloses negative electrode in a lithium ion battery [Abstract] and teaches b) multiple particles or coating of a lithium-attracting metal or sodium-attracting metal deposited on at least one of the two primary surfaces (film 102 [0089]), wherein said lithium-attracting metal or sodium-attracting metal, having a diameter or thickness from 1 nm to 10 µm (5 nm and less than or equal to 50 nm. [0089]), is selected from Au, Ag, Mg, K, Fe, Mn, V, Cr, an alloy thereof, or a combination thereof; (vanadium (V) [0087]). Inoue further teaches the film 102 can suppress the reaction between an electrolyte solution and the negative electrode active material 101. [0089].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Xiao with the film as taught by Inoue to suppress the reaction between the electrolyte and negative active material [0089], and suppress electrochemical decomposition of an electrolyte solution [Abstract].
It should be noted, 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, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
c) In the same field of endeavor Zhamu discloses anode for lithium battery [0002] and teaches the graphene sheets and the fine active particles (herein referred to as primary particles) are mutually bonded or agglomerated into the particulate (herein referred to as a secondary particle) with at least a graphene sheet embracing the anode active material particles [0039]. A lithium-ion battery having an anode containing these graphene-enhanced particulates exhibits a stable charge and discharge cycling response, a high specific capacity per unit mass, a high first-cycle efficiency, a high capacity per electrode volume, and a long cycle life. [Abstract]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify the anode current collector Xiao with the particles of Zhamu to provide a stable charge and discharge cycling response, a high specific capacity per unit mass, a high first-cycle efficiency, a high capacity per electrode volume, and a long cycle life of the battery. [Abstract]
With respect to claim 3, “wherein said multiple particles or coating of a lithium-attracting metal or sodium-attracting metal were deposited on said anode current collector as a precursor and thermally or chemically converted to said lithium-attracting metal or sodium attracting metal,” the cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
As to claim 4, Xiao further discloses a lithium metal thin film (metallic lithium film or foil [0074]) wherein the lithium metal is in physical contact with the multiple particles or coating of the lithium-attracting metal ( The negative electrode layer 12 may optionally further include metallic lithium, lithium based alloys (such as lithium silicon alloy, lithium aluminum alloy, lithium indium alloys), carbon-based materials (e.g., graphite, activated carbon, carbon black, and graphene), or composite materials, tin oxide, aluminum, indium, zinc, titanium oxide, lithium titanate, and combinations thereof [0074]. Where the metallic lithium would be in direct contact with the lithium attracting metals; tin oxide, aluminum, zinc, titanium oxide, and lithium titanate, within Licontaining electrode (3a), Fig. 4) and is disposed between the current collector (20) and the graphene layer (protective coating 4a, graphene [0054] Fig. 4).
Xiao does not explicitly teach the lithium metal thin film having a thickness from 1 nm to 100 micron; however, the thickness of the films of lithium-attracting metal and lithium metal falls within the claimed range of ~200 microns [0070]. The lithium thickness ultimately determines the battery capacity, and one of ordinary skill in the art would have optimized the lithium metal thin film thickness to be within the claimed range to achieve the desired capacity.
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, 11.) .
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(Xiao, Fig. 4)
As to claim 7, Xiao discloses a negative electrode for a lithium battery and further teaches a protective coating of graphene to inhibit dendrite growth, with a thick ness of 0.4 -200 nm [0009] [0061] but does not explicitly disclose graphene layer further comprises therein fine particles or thin coating of a lithium-attracting metal or sodium- attracting metal, having a diameter or thickness from 1 nm to 10 pm, which is selected from Au, Ag, Mg, Zn, Ti, K, Al, Fe, Mn, Sn, V, Cr, an alloy thereof, or a combination thereof.
In the same field of endeavor Zhamu discloses, the present invention provides a nano graphene-enhanced particulate for use as a lithium-ion battery anode active material,. [0039] and further teaches, anode active material particles (with a size smaller than 10 µm, preferably smaller than 1 µm, and most preferably smaller than 100 nm). [0039] … There is no restriction on the type and nature of the anode active material that can be used to practice the present invention… Specifically, the anode active material may be selected from the group consisting of:. [0041]… (c) oxides, carbides, nitrides, sulfides, phosphides, selenides, and tellurides of Si, Ge, Sn, Pb, Sb, Bi, Zn, Al, Ti, Co, Ni, Fe, or Cd, and their mixtures, composites, or lithium-containing composites; [0044]. Where Iron carbide (Fe3C) provides an alloy of iron, which meets the claimed limitation an alloy of Fe.)…A lithium-ion battery having an anode containing these graphene-enhanced particulates exhibits a stable charge and discharge cycling response, a high specific capacity per unit mass, a high first-cycle efficiency, a high capacity per electrode volume, and a long cycle life. [Abstract]. Where the size smaller than 100 and anode active material of iron carbide meet the claimed limitation.
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify the anode current collector Xiao with the particles of Zhamu to provide a stable charge and discharge cycling response, a high specific capacity per unit mass, a high first-cycle efficiency, a high capacity per electrode volume, and a long cycle life of the battery. [Abstract]
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, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Xiao does not explicitly teach the graphene layer comprising a lithium-attracting metal occupying 0.01 % to 50% by weight of the total graphene layer, however Xiao teaches lithium-attracting metals, tin oxide, aluminum, carbon-based materials, and titanium oxide [0074] may be used as intercalation host material [0073] in the negative electrode layer 12 which includes the protective coating (graphene [0073]) of 4a. The abundance of vacancies provided by the intercalation host materials helps determine the capacity of the secondary battery during cycling and one of ordinary skill in the art would have optimized the lithium-attracting metal film thickness to be within the claimed range to achieve the desired capacity.
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, 11.).
It should be noted 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) (MPEP 2331.02]).
As to claim 15, Xiao disclose the graphene layer (protective coating 4) has a thickness in a range from about 0.1 nm to about 10 µm. [0056]
It should be noted 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) (MPEP 2331.02]).
As to claim 16, Xiao discloses negative electrode layer 12 may further include carbon black. [0074]
As to claim 20, Xiao discloses a cathode, an electrolyte in ionic contact with said anode and said cathode, wherein said cathode comprises a lithium-containing cathode active material that releases lithium ions into said electrolyte when the battery is charged and the released lithium ions move to the anode and react with said metal or form an alloy with said metal in the anode. [0005]
Claims 5, 6, 8-14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (US2019/0363345A1), in view of Lee et al. (US2017I0092956A1), in view of Inoue et al. (US2013/0266858A1), in view of Zhamu et al. (US2012/0064409A1), and in further view of Zhamu et al. (US2016/0301075A1), henceforth known as Zhamu1075.
As to claims 5 and 6, Xiao discloses a negative electrode for a lithium battery and further teaches a protective coating of graphene layers of from a single layer to ten layers and may be overlapping of graphene and carbon atoms arranged in a hexagonal lattice, Fig. 4 above [0055, 0073] but does not explicitly teach a non-pristine graphene material.
In the same field of endeavor Zhamu1075 discloses a negative electrode for a lithium battery [0015] and further teaches the graphene sheets or platelets preferably have a thickness less than 10 nm. Preferably, the graphene sheets or platelets contain
single-layer or few-layer graphene, wherein few-layer is defined as 10 planes of hexagonal carbon atom and The graphene sheets or platelets include single-layer sheets or multi-layer platelets of a graphene material selected from pristine graphene, graphene oxide (non-pristine graphene) having 2% to 46% by weight of oxygen. [0017]
Whereas applied to claim 6, graphene oxide is non-pristine graphene. These lithium- or sodium-containing species are capable of bonding multiple sheets/platelets of a graphene material or multiple flakes of exfoliated graphite together to form a structurally sound layer that is sufficiently strong to intercept or stop dendrite penetration. Yet, such a layer is permeable to lithium ions or sodium ions. Preferably and typically, this layer is electronically insulating, but ionically conducting. [0016]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiao to incorporate the graphene sheets of Zhamu1075 to stop dendrite growth.
As to claim 8, Xiao discloses a negative electrode for a lithium battery [0066] but is silent on the weight percent of binder in the graphene layer.
Zhamu1075, discloses a matrix material (Lithium carbonate [0125]) bonded to the graphene sheets. [0124] which are strong enough to prevent dendrite penetration and electronically insulating, and ionic conductivity provided by the lithium. [0016]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiao to incorporate the lithium carbonate Zhamu1075 to increase the conductivity of the electrode.
Developing the appropriate balance between the lithium carbonate for ionic conductivity and graphene to suppress dendrite penetration would have been in the ambit of one of ordinary skill in the art to optimize the lithium carbonate weight percentage to be within the claimed range to achieve the desired conductivity.
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, 11.).
As to claim 9, the rejection of claim 8 is incorporated, modified Xiao discloses a matrix material of lithium carbonate a lithium-ion conducting material. [Zhamu1075 0125]
As to claims 10 and 11, "wherein the binder or matrix material comprises a electron conducting material or intrinsically conducting polymer"
Claim 9 recites electron conducting or intrinsically conducting polymer in the alternative, and while claims 10-11 further limit the specific electron conducting materials, they do not positively recite that an electron conducting material is required.
Hence, the composition of claim 9 still meets the additional limitations of claims 10-11 , although in the alternative.
As to claim 12, modified Xiao discloses the lithium-ion conducting material is chosen from lithium carbonate. [0014]
As to claim 13, Xiao discloses a negative electrode for a lithium ion battery but is silent on the lithium-ion conducting material.
Zhamu1075, discloses a anode wherein the lithium-ion conducting material contains a lithium salt lithium perchlorate. [0021] The lithium salt provides the lithium species in the reductive decomposition to bond the graphene sheets. [0020]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiao to incorporate the lithium perchlorate of Zhamu1075 to provide the lithium species for bonding the graphene sheets.
As to claim 14, the rejection of claim 9 is incorporated, Xiao discloses a polymeric binder intermingled with the negative electrode layer 12, may include polyvinylidene fluoride (PVDF). [0074]
As to claim 17, Xiao discloses an alkali metal battery (Lithium). [0005] -discloses the anode, cathode and electrolyte.
As to claim 18, the rejection of claim 17 is incorporated, Xiao discloses a lithium foil but does not explicitly teach the weight percent.
Zhamu1075 discloses an alkali metal battery having a lithium metal content greater than 90%.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiao to incorporate the lithium weight percentage of Zhamu1075 to provide increased capacity in the battery.
As to claim 19, the rejection of claim 17 is incorporated, Xiao discloses an alkali metal battery which is a lithium metal battery. [0001]
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Yoon et al. (US2013/0309571A1) Negative electrode with carbon layer with
catalyst.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728