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 1/2/26 have been received. Claims 1, 2, and 9 have been amended. Claims 3-6, 10, 14, 17, and 21-38 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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 7, 8, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu et al. (US 2019/0051904) in view of Pan et al. (US 2019/0280291).
Regarding claim 1, Zhamu discloses a lithium secondary battery(title, [0041]) comprising a cathode([0041]), an anode([0041]), an elastic polymer protective layer disposed between the cathode and the anode(anode active material particles being fully embrace or encapsulated by a thin layer of a high elasticity polymer [0017]), and a working electrolyte through which lithium ions are transported between the anode and the cathode during a battery charge or discharge([0041]), wherein said elastic polymer protective layer comprises a high-elasticity polymer having a thickness from 0.5 nm to 10 µm ([0074]) which overlaps the claim range from 2 nm to 100 µm, thus reading on the limitation.
Continuing with claim 1, Zhamu discloses a lithium ion conductivity no less than 10−6 S/cm at room temperature (preferably and more typically no less than 10−4 S/cm and more preferably and typically no less than 10−3 S/cm) ([0074]) which overlaps the claim range
from 10-8 S/cm to 5 x 10-2 S/cm at room temperature, thus reading on the limitation.
Continuing with claim 1, Zhamu discloses a fully recoverable tensile elastic strain no less than 5% (up to 1,500%) ([0074]) which overlaps the claim range from 2% to 1,000% when measured without any additive dispersed therein, thus reading on the limitation.
Zhamu is explicitly silent to the claim 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, Zhamu discloses wherein said high-elasticity polymer comprises at least a crosslinked polymer network of chains from at least one polymer that is water-soluble prior to crosslinking([0090]); wherein the battery is a lithium metal battery ([0041]) and the anode has an anode current collector ([0041]) but initially the anode has no lithium or lithium alloy as an anode active material supported by said anode current collector when the battery is made and prior to a charge or discharge operation of the battery([0041]).
Continuing with claim 1, Zhamu discloses said high-elasticity polymer further includes from 0.1% to 50% by weight of an inorganic additive ([0082]) which is within the claim range from 0.01% to 95% by weight of an inorganic filler dispersed therein, thus reading on the limitation.
Continuing with claim 1, Zhamu discloses wherein said inorganic filler is selected from an oxide (Table 2), or halogen compound (Table 2) but does not explicitly disclose a carbide, boride, nitride, sulfide, phosphide, or selenide of B, Si, Ge, or Sb, a lithiated version thereof, or a combination thereof, or wherein said inorganic filler is selected from an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 µm, and said inorganic solid electrolyte material is selected from a hydride type, halide type, borate type, phosphate type, lithium phosphorus oxynitride (LiPON), garnet type, lithium superionic conductor (LISICON) type, sodium superionic conductor (NASICON) type, or a combination thereof.
Pan teaches a lithium battery anode electrode comprising multiple particulates of an anode active material, wherein at least a particulate is composed of one or a plurality of particles of an anode active material being encapsulated by a thin layer of inorganic filler-reinforced elastomer having from 0.01% to 50% by weight of an inorganic filler dispersed in an elastomeric matrix material based on the total weight of the inorganic filler-reinforced elastomer, wherein the encapsulating thin layer of inorganic filler-reinforced elastomer has a thickness from 1 nm to 10 μm, a fully recoverable tensile strain from 2% to 500%, and a lithium ion conductivity from 10−7 S/cm to 5×10−2 S/cm and the inorganic filler has a lithium intercalation potential from 1.1 V to 4.5 V (preferably 1.2-2.5 V) versus Li/Li+ (abstract). Pan teaches the inorganic filler is preferably selected from an oxide, carbide, boride, nitride, sulfide, phosphide, or selenide of a transition metal, a lithiated version thereof, or a combination thereof([0018]). Pan teaches the transition metal is selected from Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Y, Zr, Nb, Mo, Pd, Ag, Cd, La, Ta, W, Pt, Au, Hg, a combination thereof, or a combination thereof with Al, Ga, In, Sn, Pb, Sb, or Bi([0018]).
It would have been obvious to one of ordinary skill in the art to substitute the inorganic filler of Zhamu with said inorganic filler is selected from a carbide, boride, nitride, sulfide, phosphide, or selenide of Sb as taught by Pan as art recognized equivalence for the same purpose. See MPEP 2144.06 II.
Regarding claim 7, modified Zhamu discloses all of the claim limitations as set forth above. Modified Zhamu further discloses said elastic polymer protective layer is in physical contact with an anode current collector or an anode active material layer of the anode to protect said anode current collector or anode active material layer(Zhamu [0017], [0029]-[0030]).
Regarding claim 8, modified Zhamu discloses all of the claim limitations as set forth above. Modified Zhamu further discloses said elastic polymer protective layer is a separator that electrically isolates the anode and the cathode and in ionic communication with an anode current collector or an anode active material layer and a cathode active material layer(Zhamu, anode active material particles fully embraced or encapsulated by a thin layer of a high-elasticity polymer separates the anode and the cathode [0042]-[0043]).
Regarding claim 16, modified Zhamu discloses all of the claim limitations as set forth above. Modified Zhamu further discloses said working electrolyte is selected from an organic liquid electrolyte(Zhamu [0125]), ionic liquid electrolyte(Zhamu [0065]), polymer gel electrolyte(Zhamu [0065]), or solid-state electrolyte(Zhamu [0065]).
6. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamon et al. (WO2020105673A1) with citations from equivalent EP3885126A1 in view of Deng et al. (CN111073543A) with citations from machine translation provided with this Office Action.
Regarding claim 2, Kamon discloses a lithium secondary battery ([0096]) comprising a cathode(positive electrode [0096]-[0097]), an anode(negative electrode, [0096], [0098]), an elastic polymer protective layer disposed between the cathode and the anode(battery separator including a porous film, [0096], [0013]), and a working electrolyte through which lithium ions are transported between the anode and the cathode during a battery charge or discharge([0096], [0099]), wherein said elastic polymer protective layer comprises a high-elasticity polymer having a thickness from 1 µm or more and 8 µm or less ([0013]) which is within the claim range of 2 nm to 100 µm, thus reading on the limitation.
Continuing with claim 2, Kamon discloses wherein the battery is a lithium metal battery ([0096], [0099]) and the anode has an anode current collector ([0098]) but initially the anode has no lithium or lithium alloy as an anode active material supported by said anode current collector when the battery is made and prior to a charge or discharge operation of the battery(for example when active material such as carbon is laid over a collector [0098]) but does not explicitly disclose a lithium ion conductivity from 10-8 S/cm to 5 x 10-2 S/cm at room temperature, and a fully recoverable tensile elastic strain from 2% to 1,000% when measured without any additive dispersed therein.
However because the polymer is made from the same components and is used in the same embodiment, it would be reasonable to conclude that the unmeasured properties would also be similar. It would have been obvious to one of ordinary skill in the art to use a polymer which has an ion conductivity in order for the battery to function, and a tensile elastic strain from 2 to 1000% as the polymer must have some elasticity and would reasonably fall within applicant’s broad range. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
Continuing with claim 2, Kamon discloses wherein said high-elasticity polymer ([0066]) further comprises from 50 mass % or more and 95 mass% or less (inorganic particles such as silica [0017], [0029]) which is within the claim range of 0.1% to 95% by weight of a flame retardant additive dispersed in, dissolved in, or chemically bonded to the high-elasticity polymer, thus reading on the limitation.
Continuing with claim 2, Kamon discloses wherein said flame retardant additive is selected from a silicon-based flame retardant([0029]) but does not explicitly disclose selected from a metal hydroxide flame retardant, biomolecular flame retardant, or a combination thereof.
Deng teaches power lithium battery side plate insulating film and power lithium battery module (title). Deng teaches the flame retardant is one or a mixture of several of the following: bromine (Br) based flame retardants, chlorine (Cl) based flame retardants, phosphorus (P) based flame retardants, nitrogen (N) based flame retardants, silicon (Si) based flame retardants, metal hydroxide flame retardants, metal oxide flame retardants, and metal boride flame retardants([0026]).
It would have been obvious to one of ordinary skill in the art to substitute the flame retardant of Kamon with a flame retardant additive selected from a metal hydroxide flame retardant as taught by Deng as art recognized equivalence for the same purpose. See MPEP 2144.06 II.
7. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu et al. (US 2019/0319264) in view of Wang et al. (US 2016/0164099).
Regarding claim 9, Zhamu discloses a lithium secondary battery ([0001], [0044]) comprising a cathode([0044]), an anode([0044]), an elastic polymer protective layer disposed between the cathode and the anode([0044]), and a working electrolyte through which lithium ions are transported between the anode and the cathode during a battery charge or discharge([0044]), wherein said elastic polymer protective layer comprises a high-elasticity polymer having a thickness from 0.5 nm to 10 μm ([0013]) which overlaps the claim range
from 2 nm to 100 µm, thus reading on the limitation.
Zhamu is explicitly silent to the claim range 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 9, Zhamu discloses a lithium ion conductivity no less than 10−7 S/cm (typically from 10−5 S/cm to 5×10−2 S/cm, measured at room temperature) ([0013]) which is within the claim range from 10-8 S/cm to 5 x 10-2 S/cm at room temperature, thus reading on the limitation.
Continuing with claim 9, Zhamu discloses a fully recoverable tensile elastic strain typically from 5% to 1000% when measured without an additive or reinforcement ([0013]), which is within the claim range from 2% to 1,000% when measured without any additive dispersed therein, thus reading on the limitation.
Continuing with claim 9, Zhamu discloses wherein the anode active materials is selected from the group consisting of: (a) germanium (Ge), tin (Sn), lead (Pb), antimony (Sb), bismuth (Bi), zinc (Zn), aluminum (Al), nickel (Ni), cobalt (Co), and cadmium (Cd)([0033]); (b) alloys or intermetallic compounds of Si, Ge, Sn, Pb, Sb, Bi, Zn, Al, or Cd with other elements([0033]); (c) oxides, carbides, nitrides, sulfides, phosphides, selenides, and tellurides of Si, Ge, Sn, Pb, Sb, Bi, Zn, Al, Ti, Fe, Ni, Co, or Cd, and their mixtures, composites([0033]), or lithium-containing composites([0033]); (d) salts and hydroxides of Sn([0033]); (e) lithium titanate, lithium manganate, lithium transition metal oxide ([0032]); (f) carbon or graphite particles (g) prelithiated versions thereof([0033]); and (h) combinations thereof([0033]), wherein said high-elasticity polymer chains comprises a crosslinked network of polymer chains from at least one compound selected from a derivative of poly(vinyl alcohol)([0072]), but does not explicitly disclose wherein said high-elasticity polymer comprises a crosslinked network of polymer chains from at least one or two compounds selected from citric acid, glycerol, a derivative of carboxymethyl cellulose, a derivative of poly(acrylic acid), a carboxymethyl cellulose substituted with an alkali cation selected from Li+, Na+, K+, NH4+, or a combination thereof, a poly(acrylic acid ) substituted with an alkali cation selected from Li+, K+, NH4+, or a combination thereof, or a combination thereof.
Wang teaches elastic gel polymer binder for silicon based anode (title). Wang teaches this kind of smart polymer binder is not confined to PAA-PVA system([0032]). Wang teaches for example, a citric acid-glycerol system and a PAA-citric acid-glycerol system may be constructed([0032]).
It would have been obvious to one of ordinary skill in the art to substitute the high elasticity polymer of Zhamu with a citric acid-glycerol system or a PAA-citric acid-glycerol system as taught by Wang as art recognized equivalence for the same purpose. See MPEP 2144.06 II.
8. Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu et al. (US 2019/0051904) in view of Pan et al. (US 2019/0280291) as applied to claim 1 above, and further in view of Matsui et al. (US 2011/0311856).
Regarding claims 11 and 12, modified Zhamu discloses all of the claim limitations as set forth above. Modified Zhamu discloses typically a high-elasticity polymer is originally in a monomer or oligomer state that can be cured to form a cross-linked polymer that is highly elastic and prior to curing, these polymers or oligomers are soluble in water or an organic solvent to form a polymer solution (Zhamu [0090]) but does not explicitly disclose said high-elasticity polymer comprises a crosslinked polymer network of chains from carboxymethyl cellulose (CMC), a substituted version thereof, or a derivative thereof(claim 11) and said high-elasticity polymer comprises a cross-linked network of carboxymethyl cellulose crosslinked by a crosslinking agent to a degree of crosslinking that imparts an elastic tensile strain from 5% to 500%(claim 12).
Matsui teaches a high safety power storage device separator suitable for high output lithium ion secondary batteries that consists of a polyolefin based porous film laminated with a particle-containing layer containing heat resistant particles, binder and resin particles with a low melting point, and that accordingly have not only a high heat resistant dimensional stability, but also good electric properties characteristic of polyolefin based porous films, and also has the ability to disenable ionic conduction through a shutdown function in case of abnormal heat generation in the power storage device([0002]). Matsui teaches said high-elasticity polymer comprises a crosslinked polymer network of chains from carboxymethyl cellulose (CMC), a substituted version thereof, or a derivative thereof ([0029]) and said high-elasticity polymer comprises a cross-linked network of carboxymethyl cellulose crosslinked by a crosslinking agent ([0029]-[0030]) and it is preferable that a particle-containing layer that constitutes the power storage device separator contains a crosslinking agent to improve the mechanical properties and improve the water resistance([0028]).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Zhamu with said high-elasticity polymer comprises a crosslinked polymer network of chains from carboxymethyl cellulose (CMC), a substituted version thereof, or a derivative thereof and said high-elasticity polymer comprises a cross-linked network of carboxymethyl cellulose crosslinked by a crosslinking agent as taught by Matsui in order to provide a high safety power storage device separator suitable for high output lithium ion secondary batteries. And it would have been obvious to one of ordinary skill in the art to provide in the battery of modified Zhamu, a degree of crosslinking that imparts an elastic tensile strain from 5% to 500% in order to balance mechanical properties and water resistance, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP §2144.05 (II-A).
Regarding claim 13, modified Zhamu discloses all of the claim limitations as set forth above. Modified Zhamu further discloses said crosslinking agent is selected from polyethylene
glycol diglycidyl ether (PEGDE)(Matsui [0030]).
9. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamon et al. (WO2020105673A1) with citations from equivalent EP3885126A1 in view of Deng et al. (CN111073543A) with citations from machine translation provided with this Office Action
as applied to claim 2 above, and further in view of Koh et al. (US 2018/0331386).
Regarding claim 15, modified Kamon discloses all of the claim limitations as set forth above. Modified Kamon does not explicitly disclose said flame retardant additive is in a form of encapsulated particles comprising the flame retardant additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte- impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature.
Koh teaches a lithium ion battery including a core-shell structured fire extinguishing particle is disclosed(abstract). Koh teaches when the battery is overheated to a predetermined temperature, a shell of the fire extinguishing particle coated on one surface or both surfaces of a porous separator is melted, a fire extinguishing material disposed in an inner space of the shell is released into an electrolytic solution of the battery, and as a result, it is possible to prevent the battery from being ignited or exploded even though the battery is overheated(abstract). Koh teaches flame retardant additive is in a form of encapsulated particles comprising the flame retardant additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte-impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature(claim 12).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Kamon with said flame retardant additive is in a form of encapsulated particles comprising the flame retardant additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte-impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature as taught by Koh in order to prevent the battery from being ignited or exploded even though the battery is overheated.
Response to Arguments
10. Applicant's arguments filed 1/2/26 have been fully considered but they are not persuasive.
Applicant’s argument: Claim 1 is patentable because the combination of the prior references does not show or suggest the remaining claim limitations with -- wherein said high-elasticity polymer further includes from 0.01% to 95% by weight of an inorganic filler dispersed therein, wherein said inorganic filler is selected from a carbide, boride, nitride, sulfide, phosphide, or selenide of B, Si, Ge, or Sb, a lithiated version thereof, or a combination thereof, or wherein said inorganic filler is selected from an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 pm, and said inorganic solid electrolyte material is selected from a hydride type, halide type, borate type, phosphate type, lithium phosphorus oxynitride (LiPON), garnet-type, lithium superionic conductor (LISICON) type, sodium superionic conductor (NASICON) type, or a combination thereof. All of the claims that are dependent on claim 1 are patentable for the same reason.
Examiner’s answer: Pan teaches the inorganic filler is preferably selected from an oxide, carbide, boride, nitride, sulfide, phosphide, or selenide of a transition metal, a lithiated version thereof, or a combination thereof([0018]). Pan teaches the transition metal is selected from Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Y, Zr, Nb, Mo, Pd, Ag, Cd, La, Ta, W, Pt, Au, Hg, a combination thereof, or a combination thereof with Al, Ga, In, Sn, Pb, Sb, or Bi([0018]). Furthermore, the amended inorganic solid electrolyte material limitation is preceded with the limitation “or”.
11. Applicant’s arguments with respect to claim(s) 2 and 9 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724