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 .
Response to Amendment
In response to the amendment received November 12, 2025:
Claims 1-3 and 8-27 are pending. Claims 4-7 have been cancelled as per applicant’s request. Claims 25-26 are withdrawn.
The core of the previous rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment.
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 1-2, 8, 10-15, 17-23 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Mikhaylik et al. (US 2012/0070746) in view of Zhamu et al. (US 2019/0372093).
Regarding Claim 1, Mikhaylik et al. teaches a rechargeable lithium battery (Para. [0023]) comprising an anode (Para. [0033]), a cathode (Para. [0035]) and a separator between the anode and the cathode wherein the separator insulates the anode and the cathode from each other and permits the transport of ions between the anode and the cathode (Para. [0237]) (i.e. a lithium-ion permeable and electrically insulating separator that electrically separates the anode from the cathode), a cathode electrode comprising a solid conductive porous support structure (i.e. a first solid-state lithium ion-transporting medium) and a plurality of sulfur particles as an active species (i.e. particles of a first cathode active material) combined to form the electrode (i.e. combined to form a cathode active material composite layer) (Para. [0255], [0260])) wherein the cathode electrode comprises at least about 75 wt% electrode active material (Para. [0277]) and wherein the porous support structure (i.e. the first lithium ion-transporting medium) comprises electrically conductive polymers, wherein the porous support structure can be used as an electrical conductor within the electrode (Para. [0267]) (i.e. constitutes a 3D network of both lithium-ion conducting paths and electron-conducting paths in the cathode) and may comprise any suitable electrically conductive material such as a non-conductive material at least partially coated with a conductive material (Para. [0267]).
Mikhaylik et al. does not teach the organic or organometallic cathode or anode active material is selected from Na2C6O6,Na6C6O6, tetralithium 1,2,4,5-benzenetetracarboxylate salt, tetralithium salt of tetrahydroxybenzoquinone (denoted Li4 -THQ), tetralithium salt of dihydroxyterephthalate (Li4 -p-DHT), Emodin (6-methyl1,3,8-trihydroxyanthraquinone), humic acid, dilithium salt of 2,5-(dianilino)terephthalate (denoted Li2 - DAnT), Poly (2,2,6,6- tetramethylpiperdinyloxy4-yl methacrylate) (PTMA), tetralithium 2,5-dihydroxy-1,4- benzenedisulfonate, di-lithium (2,3-dilithium oxy)-terephthalate, dilithium terephthalate, conjugated dicarboxylate, or a combination thereof.
However, Zhamu et al. teaches an electrode active material may be an organic or polymeric material (Para. [062]) wherein the organic or polymeric material is selected from tetrahydroxy-p-benzoquinone derivatives (THQLi4) (i.e. tetralithium salt of tetrahydroxybenzoquinone) wherein these compounds can be mixed with a conducting material to improve their electrical conductivity (Para. [0067]).
The substitution of the organic or polymeric material mixed with conductive material as taught by Zhamu et al. (i.e. an organic cathode or anode active material different than sulfur), for the electrically conductive material forming the porous support structure of Mikhaylik et al. would achieve the predictable result of providing a material forming a porous support structure formed of an electrically conductive material capable of providing lithium ion-conducting paths as it is an active material (Para. [0062]). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was filed to substitute organic or polymeric material selected from tetrahydroxy-p-benzoquinone derivatives (THQLi4) mixed with a conductive material as taught by Zhamu et al., for the electrically conducting material forming the porous support structure of Mikhaylik et al.as the substitution would achieve the predictable result of providing a suitable electrically conductive material forming a porous support structure capable of providing lithium ion-conducting paths (i.e. acting as a lithium-ion transporting medium) as it is an active material (Para. [0062]). The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Regarding Claim 2, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. does not explicitly teach the cathode composite layer (i) comprises cathode active materials that are individually encapsulated by the first lithium-ion transporting medium or (ii) comprises particulates that each contains a plurality of cathode active material particles encapsulated by the first lithium-ion transporting medium.
However, Zhamu et al. teaches graphene encapsulated primary particles wherein the primary particles are cathode active material (Para. [0053]) (i.e. a cathode active material composite layer comprising cathode active material particles that are individually encapsulated by a first lithium-ion transporting medium).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mikhaylik et al. to incorporate the teaching of graphene encapsulated primary particles of cathode active material as it would lead to significantly longer battery cycle life and more efficient utilization of the electrode active material capacity (Para. [0089]).
Regarding Claim 8, Mikhaylik et al. as modified by Zhamu teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. further teaches an electrode comprising a solid conductive porous support structure (i.e. a second solid-state lithium ion-transporting medium) and wherein electrode active material is positioned within the porous support structure (Para. [0275]) and electrode active materials may be anode active materials associated with the anode (Para. [0280]) (i.e. particles of an anode active material active material) combined to form the electrode (i.e. combined to form an anode active material composite layer) (Para. [0255], [0260])) wherein the anode electrode comprises at least about 75 wt% electrode active material (Para. [0277]) and wherein the porous support structure (i.e. the second lithium ion-transporting medium) comprises a material selected from carbon, graphite, graphene, wherein the porous support structure can be used as an electrical conductor within the electrode (Para. [0267]) (i.e. constitutes a 3D network of both lithium-ion conducting paths and electron-conducting paths in the anode).
Regarding Claim 10, Mikhaylik et al. as modified by Zhamu teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. does not teach a lithium salt dispersed in the first lithium ion-transporting medium.
However, Zhamu et al. teaches graphene sheets (i.e. a first lithium ion-transporting medium) wrapping around one primary particle of the cathode electrode active material or a few primary particles clustered together (Para. [0053-0054]) wherein the cathode electrode active material may be isatine lithium salt or pyromettilic diimide lithium salt (i.e. the first lithium-ion transporting medium further comprises a lithium salt dispersed therein) (Para. [0067]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first lithium-ion transporting medium of Mikhaylik et al. to incorporate the teaching of a lithium salt dispersed within a lithium-ion transporting medium, as these compounds (lithium salts) are mixed with a conducting material to improve their electrical conductivity and rigidity (Para. [0067]).
Regarding Claim 11, Mikhaylik et al. as modified by Zhamu teaches all of the elements of the current invention in claim 8 as explained above.
Mikhaylik et al. further does not teach a lithium salt dispersed in the second lithium ion-transporting medium.
However, Zhamu et al. teaches graphene sheets (i.e. a lithium ion-transporting medium) wrapping around one primary particle of the anode electrode active material or a few primary particles clustered together (Para. [0053-0054]) wherein the anode active material may be lithiated salts (i.e. lithium salts) (Para. [0059]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the lithiated salts for their use in as anode active material in a lithium-sulfur secondary battery (Para. [0074]) with the second lithium-ion transporting medium of Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these encapsulated electrode active materials provide superior cycling performance’s (Para. [0211])
Regarding Claim 12, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. further teaches the porous structure described therein is particularly useful in secondary batteries such as lithium-sulfur batteries (Para. [0257]) (i.e. a lithium-ion sulfur cell).
Regarding Claim 13, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. further teaches cathode active materials may be electroactive oxides of transition metals selected from the group consisting of Mn, Ni, Co, and Fe (Para. [0240]).
Mikhaylik et al. does not explicitly teach the cathode active material is selected from lithium nickel manganese oxide (LiNiaMn2-aO4, 0<a<2), lithium nickel manganese cobalt oxide (LiNinMnmCo1-n-mO2, 0<n<1, 0<m<1, n+m<1), lithium nickel cobalt aluminum oxide (LiNinCodAl1-c-dO2, 0<c<1, 0<d<1, c+d<1), lithium manganate (LiMn2O4), lithium iron phosphate (LiFePO4), lithium manganese oxide (LiMnO2), lithium cobalt oxide (LiCoO2), lithium nickel cobalt oxide (LiNipCo1-pO2, 0<p<1), or lithium nickel manganese oxide (LiNiqMn2-qO4, 0<q<2).
However, Zhamu et al. teaches a cathode active material may be lithium cobalt oxide and/or lithium manganese oxide (Para. [0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the lithium cobalt oxide and/or lithium manganese oxide for their use in as cathode active material in a lithium-sulfur secondary battery (Para. [0074]) with Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these encapsulated electrode active materials provide superior cycling performances (Para. [0211]).
Regarding Claim 14, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. further teaches the cathode active materials may be electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide).
Regarding Claim 15, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials may be electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide).
Mikhaylik et al. does not explicitly teach the cathode active material comprises an inorganic material selected from a lithium cobalt oxide, lithium nickel oxide, lithium manganese oxide, lithium vanadium oxide, lithium-mixed metal oxide, lithium iron phosphate, lithium manganese phosphate, lithium vanadium phosphate, lithium mixed metal phosphate, lithium metal silicide, or a combination thereof.
However, Zhamu et al. teaches a cathode active material may be an inorganic material selected from a metal oxide/phosphate/sulfide selected from lithium cobalt oxide, lithium manganese oxide, lithium vanadium oxide, lithium-mixed metal oxide, lithium iron phosphate, lithium manganese phosphate, lithium vanadium phosphate, lithium mixed metal phosphate, or a combination thereof (Para. [0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an inorganic material selected from a metal oxide/phosphate/sulfide selected from lithium cobalt oxide, lithium manganese oxide, lithium vanadium oxide, lithium-mixed metal oxide, lithium iron phosphate, lithium manganese phosphate, lithium vanadium phosphate, lithium mixed metal phosphate, or a combination thereof for their use in as cathode active material in a lithium-sulfur secondary battery (Para. [0074]) with Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these encapsulated electrode active materials provide superior cycling performance’s (Para. [0211]).
Regarding Claim 17, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials may be electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide).
Mikhaylik et al. does not explicitly teach the cathode active material inorganic material is selected from a lithium transition metal silicate denoted as Li--2MSiO4 or Li2Ma-xMbySiO4.
However, Zhamu et al. teaches a cathode active material may be Li2MSiO4 wherein M is a transition metal (Para. [0065]) (i.e. a lithium transition metal silicate) and thus, one of ordinary skill in the art would at once envisage M being selected from Fe, Mn, Co , Ni and V.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Li2MSiO4 wherein M is a transition metal (Para. [0065]) (i.e. a lithium transition metal silicate) for its use in as cathode active material in a lithium-sulfur secondary battery (Para. [0074]) with Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these encapsulated electrode active materials provide superior cycling performance’s (Para. [0211]).
Regarding Claim 18, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials may be transition metal chalcogenides including electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide) wherein the formula of the transition metal chalcogenide is Mj-Yk(OR)1 wherein M is a transition metal and Y is oxygen, sulfur or selenium and k is a number ranging from 0 to 71 and 1 is a number ranging from 0 to 72 (i.e. may be a transition metal dichalcogenide or a transition metal trichalcogenide) (Para. [0246]).
Regarding Claim 19, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials may be electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide).
Mikhaylik et al. does not teach the cathode active material inorganic material is TiS2, TaS2, MoS2, MnO2, CoO2, an iron oxide, a vanadium oxide or a combination thereof.
However, Zhamu et al. teaches a cathode active material may be TiS2, TaS2, MoS2, MnO2, CoO2, an iron oxide, a vanadium oxide or a combination thereof (Para. [0063]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine TiS2, TaS2, MoS2, MnO2, CoO2, an iron oxide, a vanadium oxide or a combination thereof for their use in as cathode active material in a lithium-sulfur secondary battery (Para. [0074]) with Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these encapsulated electrode active materials provide superior cycling performance’s (Para. [0211]).
Regarding Claim 20, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials may be electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide).
Mikhaylik et al. does not explicitly teach the cathode active material inorganic material is selected from VO2, LixVO2, V2O5, LixV2O5, V3O8, LixV3O8, LixV3O7, V4O9, LixV4O-9, V6O13, LixV6O13, their doped versions, their derivatives, and combinations thereof, wherein 0.1 < x < 5.
However, Zhamu et al. teaches a cathode active material may be VO2, LixVO2, V2O5, LixV2O5, V3O8, LixV3O8, LixV3O7, V4O9, LixV4O-9, V6O13, LixV6O13, their doped versions, their derivatives, and combinations thereof, wherein 0.1 < x < 5 (Para. [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine VO2, LixVO2, V2O5, LixV2O5, V3O8, LixV3O8, LixV3O7, V4O9, LixV4O-9, V6O13, LixV6O13, their doped versions , their derivatives , and combinations thereof , wherein 0.1 < x < 5 with Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these encapsulated electrode active materials provide superior cycling performance’s (Para. [0211]).
Regarding Claim 21, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials include but are not limited to electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide).
Mikhaylik et al. does not explicitly teach the cathode active material is selected from a layered compound LiMO2 , spinel compound LiM2O4 , olivine compound LiMPO4, silicate compound Li2MSiO-4, Tavorite compound LiMPO4F, borate compound LiMBO3, or a combination thereof, wherein M is a transition metal or a mixture of multiple transition metals.
However, Zhamu et al. teaches a cathode active material may be a layered compound LiMO2, spinel compound LiM2O4, olivine compound LiMPO4, silicate compound Li2MSiO-4, Tavorite compound LiMPO4F, borate compound LiMBO3, or a combination thereof, wherein M is a transition metal or a mixture of multiple transition metal (Para. [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a layered compound LiMO2, spinel compound LiM2O4 , olivine compound LiMPO4, silicate compound Li2MSiO-4, Tavorite compound LiMPO4F, borate compound LiMBO3, or a combination thereof, wherein M is a transition metal or a mixture of multiple transition metal with Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these encapsulated electrode active materials provide superior cycling performance’s (Para. [0211]).
Regarding Claim 22, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials may be transition metal chalcogenides including electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide) wherein the formula of the transition metal chalcogenide is Mj-Yk(OR)1 wherein M is a transition metal and Y is oxygen, sulfur or selenium and k is a number ranging from 0 to 71 and 1 is a number ranging from 0 to 72 (i.e. may be a transition metal dichalcogenide or a transition metal trichalcogenide) (Para. [0246]).
Regarding Claim 23, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. further teaches the anode active material may be a lithium-tin alloy (i.e. an alloy of Ti) or a lithium aluminum alloy (i.e. an alloy of Al) (Para. [0039]).
Regarding Claim 27, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 8 as explained above.
Mikhaylik et al. further teaches electrode active material is positioned within the porous support structure (Para. [0275]) and electrode active materials may be anode active materials associated with the anode (Para. [0280]) (i.e. particles of an anode active material active material) combined to form the electrode (i.e. combined to form an anode active material composite layer) wherein a base electrode material layer is positioned adjacent to a current collector (i.e. supported by an anode current collector) (Para. [0035]) wherein the anode electrode comprises at least about 75 wt% electrode active material (Para. [0277]) and wt% means percent by total weight of the electrode itself absent current collector (Para. [0051]) (i.e. the limitation of the anode active material occupying at least 75% by weight of the anode composite layer does not count the anode current collector weight).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Mikhaylik et al. (US 2012/0070746) in view of Zhamu et al. (US 2019/0372093) as applied to claim 14 above, and further in view of Yushin et al. (US 2018/0151884).
Regarding Claim 16, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 14 as explained above.
Mikhaylik et al. further teaches the cathode active materials include but are not limited to electroactive oxides, sulfides and selenides of transition metals (Para. [0240]) (i.e. an inorganic material selected from a metal oxide, metal selenide, transition metal sulfide).
Mikhaylik et al. does not teach the inorganic material is selected from a metal fluorides or metal chloride.
However, Yushin et al. teaches a lithium ion battery wherein the cathode active material comprises FeF3, FeF-2, MnF3, CuF2, NiF2, BiF3-, and SnF2 (Para. [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cathode active material of FeF3, FeF-2, MnF3, CuF2, NiF2, BiF3-, and SnF2 -as taught by Yushin et al. with Mikhaylik et al., as combing equivalents known for the same purpose is prima facie obvious. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. See MPEP §2144.06(I). Additionally, batteries featuring these active materials provide reduced voltage hysteresis, improved capacity utilization, improved rate performance, improved mechanical and sometimes improved electrochemical stability and reduced volume changes (Para. [0049]).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Mikhaylik et al. (US 2012/0070746) in view of Zhamu et al. (US 2019/0372093) as applied to claim 1 above, and further in view of He et al. (US 2014/0342209).
Regarding Claim 24, Mikhaylik et al. as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Mikhaylik et al. teaches a lithium metal secondary cell wherein the anode contains an anode current collector (Para. [0033]).
Mikhaylik et al. does not explicitly teach the anode initially does not contain lithium when the battery is made and prior to a first charge.
However, He et al. further teaches an anode current collector (i.e. the anode contains an anode current collector (Para. [0030]) wherein the anode is initially lithium metal-free when the cell is made prior to a first charge (Para. [0064]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mikhaylik et al. to incorporate the teaching of He et al., as it would eliminate dendrite formation (Para. [0064]).
Claim 1 is rejected under 35 U.S.C. 103 as being and unpatentable over Michibata et al. (US 2019/0273282) in view of Zhamu et al. (US 2019/0372093).
Regarding Claim 1, Michibata et al. teaches a lithium-sulfur battery (i.e. a rechargeable lithium battery) comprising a negative electrode (i.e. anode), a positive electrode (i.e. a cathode), a solid electrolyte interposed between (i.e. an electrically insulating separator that electrically separates the anode from the cathode) (Para. [0017]) wherein the positive electrode includes organic conductive material such as polyphenylene (i.e. an organic cathode active material different than a first cathode active material of sulfur) carbon black having a porous structure having high electric conductivity (i.e. a first solid-state lithium-ion transporting medium wherein the first lithium-ion transporting medium comprises a material selected from carbon and constitutes a 3D network of both lithium-ion conducting paths and electron-conducting paths in the cathode) and sulfur active material of the positive electrode within the pores (i.e. and particles of a first cathode active material combined to form a cathode active material composite layer) (Para. [0059]) wherein the content of sulfur is in range from 80 to 90 mass% (within the claimed range) (Para. [0060]).
Michibata et al. does not teach the first lithium-ion transporting medium comprises a material selected from a sulfonated polymer, a phthalocyanine compound an organic or organometallic cathode or anode active material or a combination thereof.
However, Zhamu et al. teaches an electrode active material may be an organic or polymeric material (Para. [062]) wherein the organic or polymeric material is selected from tetrahydroxy-p-benzoquinone derivatives (THQLi4) (i.e. tetralithium salt of tetrahydroxybenzoquinone) (i.e. an organic cathode or anode active material different in composition than sulfur) wherein these compounds can be mixed with a conducting material to improve their electrical conductivity (Para. [0067]).
The substitution of the organic or polymeric material mixed with conductive material as taught by Zhamu et al. (i.e. an organic cathode or anode active material different than sulfur), for the organic conductive material of Michibata et al. would achieve the predictable result of providing an organic conductive material forming a porous support structure formed of an electrically conductive material capable of providing lithium ion-conducting paths as it is an active material (Para. [0062]). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was filed to substitute organic or polymeric material selected from tetrahydroxy-p-benzoquinone derivatives (THQLi4) (i.e. tetralithium salt of tetrahydroxybenzoquinone), or a combination thereof mixed with conductive material as taught by Zhamu et al. for the organic conductive material of Michibata et al. would achieve the predictable result of providing an organic conductive material forming a porous support structure formed of an electrically conductive material capable of providing lithium ion-conducting paths as it is an active material (Para. [0062]). The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Michibata et al. (US 2019/0273282) in view of Zhamu et al. (US 2019/0372093) as applied to claim 1 above, and further in view of Xi et al. (US 2015/0287546) as evidenced by Petkov et al. (US 8,304,115).
Regarding Claim 3, Michibata as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Michibata et al. further teaches the sulfur is in the range of 80 to 90% by mass and the conductive carbon black is in a range from 10 to 20% by mass (i.e. the cathode does not contain additional conductive additive that is different than graphite, graphene or carbon) (Para. [0060]) and the positive electrode (i.e. cathode) does not contain an inorganic solid electrolyte (claim 1). Furthermore, Michibata et al. teaches the all-solid-state battery comprises a lithium-lanthanum-zirconium composite electrolyte (i.e. is an inorganic solid state electrolyte battery) wherein in conventional inorganic solid-state lithium batteries have cathode layers that do not contain any electrolyte in them as evidenced by Petkov et al. (col. 1, lines 39-52). Thus, it is inherent that the cathode of Michibata et al. also does not contain a liquid electrolyte, a polymer gel electrolyte or solid polymer electrolyte. An inherent feature does not need to be recognized by the art at the time of the invention, but only that the subject matter is in fact inherent in the prior art reference. See MPEP §2112(II).
Michibata et al. does not explicitly teach the cathode does not contain an additional conductive additive that is different than graphite, graphene or carbon.
However, Xi et al. an energy storage device which includes batteries (Para. [0046], lines 3-5) wherein a cathode electrode film comprises a conductive carbon component additive (Para. [0054]) and may not include additional conductive additives (Para. [0056]) (i.e. the cathode does not contain an additional conductive additive that is different than graphite, graphene or carbon).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cathode Michibata et al. to incorporate the teaching of no additional conductive additives as taught by Xi et al. as it could achieve desired electrical resistance performance while maintaining desired capacitance, thereby facilitating reduction in a weight and/or cost of fabrication (Para. [0056]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Michibata et al. (US 2019/0273282) in view of Zhamu et al. (US 2019/0372093) as applied to claim 1 above, and further in view of Mikhaylik et al. (US 2012/0070746).
Regarding Claim 8, Michibata as modified by Zhamu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Michibata et al. does not teach a second solid-state lithium ion-transporting medium wherein the second lithium ion-transporting medium and particles of an anode active material are combined to form an active material composite layer, wherein the anode active material occupies at least 75% by weight or by volume of the anode active material composite layer the second lithium ion-transporting medium comprises an ion-conducting and electron- conducting material selected from graphite, graphene, carbon, a sulfonated conducting polymer, a phthalocyanine compound, an organic or organometallic cathode or anode active material, or a combination thereof; and the second lithium ion-transporting medium constitutes a 3D network of both lithium ion- conducting paths and electron-conducting paths in the anode.
However, Mikhaylik et al. teaches an electrode comprising a solid conductive porous support structure (i.e. a second solid-state lithium ion-transporting medium) and wherein electrode active material is positioned within the porous support structure (Para. [0275]) and electrode active materials may be anode active materials associated with the anode (Para. [0280]) (i.e. particles of an anode active material active material) combined to form the electrode (i.e. combined to form an anode active material composite layer) (Para. [0255], [0260])) wherein the anode electrode comprises at least about 75 wt% electrode active material (Para. [0277]) and wherein the porous support structure (i.e. the second lithium ion-transporting medium) comprises a material selected from carbon, graphite, graphene, wherein the porous support structure can be used as an electrical conductor within the electrode (Para. [0267]) (i.e. constitutes a 3D network of both lithium-ion conducting paths and electron-conducting paths in the anode).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Michibata et al. to incorporate the teaching of second solid-state lithium ion-transporting medium and its structural features, as it would provide material capable of forming a porous support structure providing a relatively well-ordered array of particles (Para. [0299]) and maintain electrical conductivity and structural integrity of the electrode at high levels (Para. [0255]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Michibata et al. (US 2019/0273282) in view of Zhamu et al. (US 2019/0372093) and Mikhaylik et al. (US 2012/0070746) as applied to claim 8 above, and further in view of Xi et al. (US 2015/0287546) and Aihara et al. (JP2014116154A) as evidenced by Petkov et al. (US 8,304,115). The English machine translation of Aihara et al. is attached in a prior Office Action and is referenced below.
Regarding Claim 9, Michibata as modified by Zhamu and Mikhaylik et al. teaches all of the elements of the current invention in claim 8 as explained above.
Michibata et al. as modified by Mikhaylik et al. does not explicitly teach the anode does not contain an additional conductive additive that is different than the graphite, graphene, graphite or carbon and wherein the anode does not contain an inorganic solid electrolyte, a liquid electrolyte, a polymer gel electrolyte, or a solid electrolyte.
However, Xi et al. an energy storage device which includes batteries (Para. [0046], lines 3-5) wherein an anode electrode film comprises a conductive carbon component additive (Para. [0054]) and may not include additional conductive additives (Para. [0056]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anode of Michibata et al. to incorporate the teaching of no additional conductive additives as taught by Xi et al. as it could achieve desired electrical resistance performance while maintaining desired capacitance, thereby facilitating reduction in a weight and/or cost of fabrication (Para. [0056]).
Michibata et al. as modified by Zhamu et al., Mikhaylik et al. and Xi et al. does not teach the anode does not contain inorganic solid electrolyte, a liquid electrolyte a polymer gel electrolyte or a solid polymer electrolyte.
However, Aihara et al. teaches a rechargeable lithium battery (Para. [0009]) wherein the anode does not contain solid electrolyte (Para. [0014]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anode of Mikhaylik et al. to incorporate the teaching of the anode not containing a solid electrolyte as it may swell in the negative electrode (i.e. anode) layer which may cause deterioration, thus the anode not containing solid electrolyte would prevent degradation of the battery (Para. [0044]).
Furthermore, Michibata et al. teaches the all-solid-state battery comprises a lithium-lanthanum-zirconium composite electrolyte (i.e. is an inorganic solid state electrolyte battery) wherein in conventional inorganic solid-state lithium batteries have anode and cathode layers that do not contain any electrolyte in them as evidenced by Petkov et al. (col. 1, lines 39-52). Thus, it is inherent that the anode of Michibata et al. also does not contain a liquid electrolyte, a polymer gel electrolyte or solid polymer electrolyte. An inherent feature does not need to be recognized by the art at the time of the invention, but only that the subject matter is in fact inherent in the prior art reference. See MPEP §2112(II).
Response to Arguments
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. Thus, the arguments are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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