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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/02/2026 has been entered.
This office action is in response to Applicant's remarks and amendments filed on 03/02/2026. Claims 1 and 5 are currently amended. Claims 1 and 3-22 are pending review in this action. The previous 35 U.S.C. 112(b) rejections are withdrawn in light of Applicant’s amendments to Claim 5. The previous 35 U.S.C. 102 and 35 U.S.C.103 rejections are withdrawn in light of Applicant's amendment to Claims 1 and 5, however, previously cited prior art has been upheld as reading on select claims/claim limitations. Updated rejections and new grounds of rejection necessitated by Applicant's amendments are presented below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 4-22 are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 2018/0241032 A1) further in view of Kawakami et al. (US 6,730,434 B1).
In Regards to Claim 1:
Pan discloses a particulate of an anode active material, the particulate comprising one or more particles of said anode active material wherein said surface-stabilized particle (anode active material particle, 24, and conductive protection layer, 26) comprises a core anode material particle (anode active material particle, 24) (Figure 4, [0017, 0072]). Pan further discloses that the core anode material particle (anode active material particle, 24) may be comprised of a surface-stabilized lithium material [0021]. Pan further discloses that the one or more surface-stabilized particle (anode active material particle, 24, and conductive protection layer, 26) is encapsulated by an encapsulating shell (high-elasticity polymer shell, 28) comprising an elastic polymer and a surface-stabilizing material (lithium ion-conducting additive) dispersed throughout the high-elasticity polymer (Figure 4, [0018, 0030, 0072]). Pan further discloses that the encapsulating shell (high-elasticity polymer shell, 28) has a thickness between 0.5 nm and 10 µm [0034]. Pan further discloses that the elastic polymer has a fully recoverable tensile strain of above 10% when measured without an additive or reinforcement material dispersed therein, and a lithium ion conductivity above 10-5 S/cm at room temperature [0017]. Pan further discloses that the surface-stabilizing material (lithium ion-conducting additive) may be selected from a group which includes lithium sulfide (Li2S), Li2CO3, and mixtures thereof [0030].
The skilled artisan would appreciate that as the encapsulating shell (high-elasticity polymer shell, 28) of Pan comprises an elastic polymer and a surface-stabilizing material (lithium ion-conducting additive) dispersed within the polymer, wherein the encapsulating shell (high-elasticity polymer shell, 28) has a thickness of 0.5 nm and 10 µm, there are many possible embodiments of the particulate of Pan which meet the particulate configuration as claimed. For example, multiple surface-stabilized particles (anode active material particle, 24, and conductive protection layer, 26) may be encapsulated by an encapsulating shell (high-elasticity polymer shell, 28) having a thickness of 5 µm. In this example, the inner most 1 µm of the encapsulating shell (high-elasticity polymer shell, 28) may be considered the first encapsulating shell as it embraces the multiple surface-stabilized particles (anode active material particle, 24, and conductive protection layer, 26) and comprises the surface-stabilizing material (lithium ion-conducting additive) dispersed throughout the elastic polymer (see Figure 4). The remaining 4 µm of the encapsulating shell (high-elasticity polymer shell, 28) may be considered the second encapsulating shell which comprises the elastic polymer and encapsulates the surface-stabilized particles (anode active material particle, 24, and conductive protection layer, 26) (see Figure 4).
Pan is deficient in teaching that the surface-stabilizing material comprises a material selected from a carbide, boride, nitride, sulfide, phosphide, or selenide of an alkali metal, a carbide, boride, nitride, sulfide, phosphide, or selenide of an alkaline earth element, or a carbide, boride, nitride, sulfide, phosphide, or selenide of a transition metal, a lithiated version thereof, or a combination thereof, provided that the surface-stabilizing material is not lithium phosphide, lithium carbide, lithium sulfide, or lithium nitride.
Kawakami discloses an amorphous alloy for an anode of a rechargeable lithium battery, wherein the amorphous alloy serves to prevent the electrode material layer of the anode from being expanded and shrunk upon charging/discharging (p.24, Col. 15, lines 30-33). Kawakami further discloses that the amorphous alloy may comprise one of lithium sulfide, lithium selenide, or lithium nitride (p.24, Col. 15, lines 33-38).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select in place of lithium sulfide for the surface-stabilizing material (lithium ion-conducting additive) of Pan, lithium selenide, as Kawakami teaches that lithium sulfide and lithium selenide are art recognized equivalents to one another for use in an anode active material in a battery. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Furthermore, upon making such a modification the skilled artisan would have a reasonable expectation of success in providing an anode active material which helps reduce prevent the electrode material from being expanded and shrunk upon charging/discharging, as taught by Kawakami.
Furthermore, the examiner notes that although Pan does not explicitly disclose that the particulate is air-stable, the skilled artisan would appreciate that as the components and configuration is the same as that of the instant claims, it would be expected that the particulate of Pan may also be considered air-stable. Thus, all of the limitations of Claim 1 are met.
In Regards to Claim 4 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. As detailed above in the rejection of Claim 1, Pan discloses that the surface-stabilizing material (lithium ion-conducting additive) may include Li2CO3 [0030]. Thus, all of the limitations of Claim 4 are met.
In Regards to Claim 5:
Pan discloses a particulate of an anode active material, the particulate comprising one or more particles of said anode active material wherein said surface-stabilized particle (anode active material particle, 24, and conductive protection layer, 26) comprises a core anode material particle (anode active material particle, 24) (Figure 4, [0017, 0072]). Pan further discloses that the core anode material particle (anode active material particle, 24) may be comprised of a surface-stabilized lithium material [0021]. Pan further discloses that the one or more surface-stabilized particle (anode active material particle, 24, and conductive protection layer, 26) is encapsulated by an encapsulating shell (high-elasticity polymer shell, 28) comprising an elastic polymer and a surface-stabilizing material (lithium ion-conducting additive) dispersed throughout the high-elasticity polymer (Figure 4, [0018, 0030, 0072]). Pan further discloses that the encapsulating shell (high-elasticity polymer shell, 28) has a thickness between 0.5 nm and 10 µm [0034]. Pan further discloses that the elastic polymer has a fully recoverable tensile strain of above 10% when measured without an additive or reinforcement material dispersed therein, and a lithium ion conductivity above 10-5 S/cm at room temperature [0017]. Pan further discloses that the elastic polymer comprises an elastomer selected from natural polyisoprene, synthetic polyisoprene, polybutadiene, chloroprene rubber, polychloroprene, butyl rubber, styrene-butadiene rubber, nitrile rubber, ethylene propylene rubber, ethylene propylene diene rubber, epichlorohydrin rubber, polyacrylic rubber, silicone rubber, fluorosilicone rubber, perfluoroelastomers, polyether block amides, chlorosulfonated polyethylene, ethylene-vinyl acetate, thermoplastic elastomer, protein resilin, protein elastin, ethylene oxide-epichlorohydrin copolymer, polyurethane, urethane-urea copolymer, and combinations thereof [0029]. Pan further discloses that the surface-stabilizing material (lithium ion-conducting additive) may be selected from a group which includes lithium sulfide (Li2S), Li2CO3, and mixtures thereof [0030].
The skilled artisan would appreciate that as the encapsulating shell (high-elasticity polymer shell, 28) of Pan comprises an elastic polymer and a surface-stabilizing material (lithium ion-conducting additive) dispersed within the polymer, wherein the encapsulating shell (high-elasticity polymer shell, 28) has a thickness of 0.5 nm and 10 µm, there are many possible embodiments of the particulate of Pan which meet the particulate configuration as claimed. For example, multiple surface-stabilized particles (anode active material particle, 24, and conductive protection layer, 26) may be encapsulated by an encapsulating shell (high-elasticity polymer shell, 28) having a thickness of 5 µm. In this example, the inner most 1 µm of the encapsulating shell (high-elasticity polymer shell, 28) may be considered the first encapsulating shell as it embraces the multiple surface-stabilized particles (anode active material particle, 24, and conductive protection layer, 26) and comprises the surface-stabilizing material (lithium ion-conducting additive) dispersed throughout the elastic polymer (see Figure 4). The remaining 4 µm of the encapsulating shell (high-elasticity polymer shell, 28) may be considered the second encapsulating shell which comprises the elastic polymer and encapsulates the surface-stabilized particles (anode active material particle, 24, and conductive protection layer, 26) (see Figure 4).
Pan is deficient in teaching that the surface-stabilizing material comprises a material selected from a boride, sulfide, phosphide, or selenide of an alkali metal, an alkaline earth element, or a transition metal, a lithiated version thereof, or a combination thereof, provided that the surface-stabilizing material is not lithium sulfide.
Kawakami discloses an amorphous alloy for an anode of a rechargeable lithium battery, wherein the amorphous alloy serves to prevent the electrode material layer of the anode from being expanded and shrunk upon charging/discharging (p.24, Col. 15, lines 30-33). Kawakami further discloses that the amorphous alloy may comprise one of lithium sulfide, lithium selenide, or lithium nitride (p.24, Col. 15, lines 33-38).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select in place of lithium sulfide for the surface-stabilizing material (lithium ion-conducting additive) of Pan, lithium selenide, as Kawakami teaches that lithium sulfide and lithium selenide are art recognized equivalents to one another for use in an anode active material in a battery. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Furthermore, upon making such a modification the skilled artisan would have a reasonable expectation of success in providing an anode active material which helps reduce prevent the electrode material from being expanded and shrunk upon charging/discharging, as taught by Kawakami.
The examiner notes that although Pan does not explicitly disclose that the particulate is air-stable, the skilled artisan would appreciate that as the components and configuration is the same as that of the instant claims, it would be expected that the particulate of Pan may also be considered air-stable. Upon the above modification, all of the limitations of Claim 5 are met.
In Regards to Claim 6 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan further discloses that the elastic polymer comprises a cross-linked network of polymer chains having an ether linkage, nitrile-derived linkage, benzo peroxide- derived linkage, ethylene oxide linkage, propylene oxide linkage, vinyl alcohol linkage, cyano-resin linkage, triacrylate monomer-derived linkage, tetraacrylate monomer-derived linkage, or a combination thereof in said cross-linked network of polymer chains [0019]. Thus, all of the limitations of Claim 6 are met.
In Regards to Claim 7 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan further discloses that the elastic polymer comprises a cross-linked network of polymer chains selected from nitrile-containing polyvinyl alcohol chains, cyanoresin chains, pentaerythritol tetraacrylate chains, pentaerythritol triacrylate chains, ethoxylated trimethylolpropane triacrylate (ETPTA) chains, ethylene glycol methyl ether acrylate (EGMEA) chains, or a combination thereof [0020]. Thus, all of the limitations of Claim 7 are met.
In Regards to Claim 8 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan further discloses that the elastic polymer comprises an electron-conducting filler (reinforcement nano filament) [0028]. Pan further discloses that the electron-conducting filler (reinforcement nano filament) may be carbon nanotube [0028]. Thus, all of the limitations of Claim 8 are met.
In Regards to Claim 9 (Dependent Upon Claim 8):
Pan as modified by Kawakami discloses the particulate of Claim 8 as set forth above. Pan further discloses that the electron-conducting filler (reinforcement nano filament) may be polyaniline [0028]. Thus, all of the limitations of Claim 9 are met.
In Regards to Claim 10 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan further discloses that the anode active material is selected from the group consisting of: (a) silicon (Si), germanium (Ge), tin (Sn), lead (Pb), antimony (Sb),bismuth (Bi), zinc (Zn), aluminum (Al), titanium (Ti), nickel (Ni), cobalt (Co), and cadmium (Cd); (b) alloys or intermetallic compounds of Si, Ge, Sn, Pb, Sb, Bi, Zn, Al, Ti, Ni, Co, or Cd with other elements; (c) oxides, carbides, nitrides, sulfides, phosphides, selenides, and tellurides of Si, Ge, Sn, Pb, Sb, Bi, Zn, Al, Ti, Fe, Ni, Co, V, or Cd, and their mixtures, composites, or lithium-containing composites; (d) salts and hydroxides of Sn; (e) lithium titanate, lithium manganate, lithium aluminate, lithium- containing titanium oxide, lithium transition metal oxide; (f) prelithiated versions thereof; (g) particles of Li, Li alloy, or surface-stabilized Li; and (h) combinations thereof [0021]. Thus, all of the limitations of Claim 10 are met.
In Regards to Claim 11 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan further discloses that the anode active material contains a prelithiated Si, prelithiated Ge, prelithiated Sn, prelithiated SnOx, prelithiated SiOx, prelithiated iron oxide, prelithiated VO2, prelithiated Co3O4, prelithiated Ni3O4, or a combination thereof, wherein x=1 to 2 [0022]. Thus, all of the limitations of Claim 11 are met.
In Regards to Claim 12 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan further discloses that the anode active material is in a form of nano particle, nano wire, nano fiber, nano tube, nano sheet, nano belt, nano ribbon, nano disc, nano platelet, or nano horn having a thickness or diameter less than 100 nm [0024]. Thus, all of the limitations of Claim 12 are met.
In Regards to Claim 13 (Dependent Upon Claim 12):
Pan as modified by Kawakami discloses the particulate of Claim 12 as set forth above. Pan further discloses that the said nano particle, nano wire, nano fiber, nano tube, nano sheet, nano belt, nano ribbon, nano disc, nano platelet, or nano horn is pre-intercalated or pre-doped with lithium ions to form a prelithiated anode active material having an amount of lithium from 0.1% to 54.7% by weight of said prelithiated anode active material [0027]. Thus, all of the limitations of Claim 13 are met.
In Regards to Claim 14 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan further discloses that the encapsulating shell (high-elasticity polymer shell, 28) includes the lithium ion-conducting material in an amount between 0.1% and 50% by weight [0078]. Thus, all of the limitations of Claim 14 are met.
In Regards to Claim 15 (Dependent Upon Claim 14):
Pan as modified by Kawakami discloses the particulate of Claim 14 as set forth above. As detailed above in the rejection of Claim 1, Pan discloses that the surface-stabilizing material (lithium ion-conducting additive) may include Li2CO3 [0030]. Thus, all of the limitations of Claim 15 are met.
In Regards to Claim 16 (Dependent Upon Claim 14):
Pan as modified by Kawakami discloses the particulate of Claim 14 as set forth above. Pan further discloses that the lithium ion-conducting additive contains a lithium salt selected from lithium perchlorate, lithium hexafluorophosphate, lithium borofluoride, lithium hexafluoroarsenide, lithium trifluoro- methanesulfonate, bis-trifluoromethyl sulfonylimide lithium, lithium bis(oxalato)borate, lithium oxalyldifluoroborate, lithium nitrate, Li-fluoroalkyl-phosphate, lithium bisperfluoro- ethylsulfonylimide, lithium bis(trifluoromethanesulfonyl)imide, lithium bis(fluorosulfonyl)imide, lithium trifluoromethanesulfonimide, an ionic liquid-based lithium salt, or a combination thereof [0031]. Thus, all of the limitations of Claim 16 are met.
In Regards to Claim 17 (Dependent Upon Claim 14):
Pan as modified by Kawakami discloses the particulate of Claim 14 as set forth above. Pan further discloses that the lithium ion-conducting additive contains a lithium ion-conducting polymer selected from poly(ethylene oxide) (PEO), Polypropylene oxide (PPO), poly(acrylonitrile) (PAN), poly(methyl methacrylate) (PMMA),poly(vinylidene fluoride) (PVdF), Poly bis-methoxy ethoxyethoxide-phosphazenex, Polyvinyl chloride, Polydimethylsiloxane, poly(vinylidene fluoride)-hexafluoropropylene (PVDF-HFP), a sulfonated derivative thereof, or a combination thereof [0033]. Thus, all of the limitations of Claim 17 are met.
In Regards to Claim 18 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan discloses a powder mass for use as an anode active material or a prelithiation agent in a lithium battery anode electrode, said powder mass comprising multiple particulates of Claim 1 [0034]. Thus, all of the limitations of Claim 18 are met.
In Regards to Claim 19 (Dependent Upon Claim 18):
Pan as modified by Kawakami discloses the particulate of Claim 18 as set forth above. Pan discloses a lithium battery comprising an anode electrode comprising the powder mass of Claim 18, an optional anode current collector supporting said anode electrode, a cathode active material layer, an optional cathode current collector supporting said cathode active material layer, an electrolyte in ionic contact with said anode electrode and said cathode active material layer, and an optional porous separator disposed between said anode electrode and said cathode active material layer [0036-0037]. Thus, all of the limitations of Claim 19 are met.
In Regards to Claim 20 (Dependent Upon Claim 19):
Pan as modified by Kawakami discloses the particulate of Claim 19 as set forth above. Pan further discloses that the lithium battery is one of a lithium-ion battery, lithium metal battery, lithium-sulfur battery, lithium-selenium battery, or lithium-air battery [0036]. Thus, all of the limitations of Claim 20 are met.
In Regards to Claim 21 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Pan discloses a method of improving a cycle life of a lithium battery, said method comprising incorporating one or more particulates of Claim 1 in an anode of said lithium battery as a prelithiation agent, having a prelithiated first anode active material (anode active material particle, 24) to provide lithium ions to a second anode material (graphite) in said anode [0026, 0037, 0072, 0075, 0140]. Thus, all of the limitations of Claim 21 are met.
In Regards to Claim 22 (Dependent Upon Claim 21):
Pan as modified by Kawakami discloses the particulate of Claim 21 as set forth above. Pan further discloses that the second anode material (graphite) is graphite [0026]. Thus, all of the limitations of Claim 22 are met.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 2018/0241032 A1) as modified by Kawakami et al. (US 6,730,434 B1), as applied to Claim 1 above, further in view of Yushin et al. (US 2020/0343580 A1).
In Regards to Claim 3 (Dependent Upon Claim 1):
Pan as modified by Kawakami discloses the particulate of Claim 1 as set forth above. Upon the modification outlined above in the rejection of Claim 1, modified Pan discloses that the surface-stabilizing material (lithium ion-conducting additive) is a combination of lithium selenide and Li2CO3.
Pan is deficient in disclosing that the surface-stabilizing material comprises a transition metal.
Yushin discloses an interlayer for a lithium-ion battery (100), the interlayer being positioned between a lithium metal anode (102) and an electrolyte (solid electrode) (Figure 1, [0044, 0130]). Yushin further discloses that the interlayer is lithium ion conductive and comprises a material which may be a single material or a composite material, wherein the single material and the composite material may be selected from a group including lithium sulfide, lithium phosphide, transition metals such as Cu, lithium-comprising salts, and mixtures thereof [0131-0132]. Yushin further discloses that transition metal such as Cu, Ti, etc. are advantageous due to their low solubility in Li at room temperature. Yushin further discloses that the interlayer serves to reduce the interface resistance between the lithium metal anode and the electrolyte (solid electrolyte), thus increasing the power of the battery [0130]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to include in the surface-stabilizing material (lithium ion-conducting additive) of Pan, a transition metal such as Cu, as Yushin teaches that such a transition metal is useful for anode composite mixtures in a battery. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Furthermore, upon making such a modification the skilled artisan would have a reasonable expectation of success in providing an anode active material which helps reduce interface resistance between the core lithium metal anode particle and the surrounding electrolyte, thus increasing the power of the battery, as taught by Yushin. Upon the above modification, all of the limitations of Claim 3 are met.
Response to Arguments
Applicant’s arguments, filed 03/02/2026, with respect to the rejection of Claims 1 and 3-22 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Pan et al. (US 2018/0241032 A1), Kawakami et al. (US 6,730,434 B1), and Yushin et al. (US 2020/0343580 A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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/E.E.F./Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724