DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 26 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant points to the general specification and figure 9 for support of claimed amendments in Remarks dated 01/14/2026. Specifically claim 26 recites, A secondary lithium-ion battery device assembled with porous metal foams as both the anode and cathode electrodes, wherein pores of the porous metal foams comprise a pore size between about 10 microns and about 150 microns and are coated with a metal-oxide or metallic active material, the coated pores are filled with an active material, a separator separates the anode and cathode electrodes, a wet electrolyte contacts the anode and cathode electrodes, and the anode and cathode housed in a cylindrical enclosure, wherein a thickness of each of the anode and cathode electrodes is from about 0.2 millimeters to about 50 millimeters, an axis passes through a center of the cylindrical enclosure, and a plane of the separator is perpendicular to the axis. However the specification does not provide any description for a plane of the separator perpendicular to an axis passing through the center cylindrical enclosure. To the contrary fig. 9 of the instant specification shows a plane of a separator parallel to an axis passing through the center of the cylindrical enclosure. The disclosed embodiments teach a traditional cylindrical battery which provides an axis parallel to the plane of a separator.
Claim Status
Claims 2-3, 6-8, and 14 have been previously cancelled.
Claims 1, 20, and 26 have been amended; support for claim 1 and 20 is found in figs. 4A and 9,
Claims 1, 4-5, 9-13, and 15-28 are currently pending in this office action.
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.
Claim(s) 1, 4, 5, 9-13, and 15-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Um et al. (US2015/0072236A1), in view of Zhamu et al. (US2017/0062869A1), in view of Nakazawa et al. (US2012/0009464A1), and in further view of Wang et al. (US2011/0091753A1).
As to claim 1, Um discloses a secondary lithium-ion battery device comprising: at least one of a cylinder-, pouch-, or disc-shaped [0064], "thick" single-piece open-cell porous metal-foam anode and cathode electrodes (Coin cell fabricated by using copper foam [0075], as shown in figure 6 the copper foam used in example (7) has a thickness, where any thickness meets the limitation of “thick”.),
Um discloses, pores of the open-cell porous metal-foam anode and cathode electrodes (The present invention provides a metal foam which is coated with either a cathode active material or an anode active material. [0023] ), however Um does not explicitly teach the pores are filled with active materials that react with lithium
and the anode is filled with a first active material, the cathode is filled with a second active material, and the first active material is different from the second active material.
In the same field of endeavor Zhamu discloses, a lithium ion battery comprising: (A) Assembling a porous cell framework composed of a foamed anode current collector, a foamed cathode current collector [Abstract], and preparing a suspension of anode active material and a suspension of cathode active material and injecting (filling) the suspension into the pores of the anode foam structure and cathode foam structure. [0016] Preferably, substantially all of the pores are filled with the electrode (anode or cathode) active material, [0089] Where the anode suspension would be different from the cathode suspension.
Zhamu further teaches, the present invention provides a process for producing a lithium battery having a high active material mass loading, exceptionally low overhead weight and volume (relative to the active material mass and volume), high volumetric capacity, and unprecedentedly high volumetric energy density and power density. [0015]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to have modified Um with the filling of the pores of the foam structure of Zhamu to improve the active material mass loading, decrease the overhead weight and volume, increase capacity, energy and power density. [0015]
a volume of the cathode electrode is greater than the anode electrode (Volume of anode 25%, and volume of cathode 45% [0028], therefore the volume of the cathode is greater than the volume of the anode).
Um discloses a lithium ion-battery, but does not explicitly discloses a cell wall of secondary lithium-ion battery device comprising the anode electrode and cathode electrode is electrically coupled to the cathode electrode and not electrically coupled to the anode electrode.
In the same field of endeavor Nakazawa discloses a lithium ion battery [0084] and teaches; a cell wall of secondary lithium-ion battery device comprising the anode electrode and cathode electrode is electrically coupled to the cathode electrode and not electrically coupled to the anode electrode [0091].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to have modified Um with the cathode connection of Zhamu to simply the configuration of the assembled battery [0091], thereby reducing manufacturing cost.
Um discloses a secondary lithium battery can have various shapes including coin shapes [0064], but does not explicitly teach a cylindrical casing, enclosing the anode and cathode of the secondary lithium-ion battery device, wherein the cylindrical casing comprises first and second circular bases at opposite ends, and an axis passes through centers of the first and second circular bases and a circular separator, enclosed by the cylindrical casing, wherein the axis passes through a center of the circular separator.
In the same field of endeavor Wang discloses a rechargeable lithium ion button cell and teaches a cylindrical casing (button cell, [Abstract]), enclosing the anode and cathode of the secondary lithium-ion battery device (Inside the sealed housing the anode & cathode electrodes are spiral wound with separator to be a round or oval roll. [Abstract]), wherein the cylindrical casing comprises first (Outer casing (3) ) and second circular bases at opposite ends (Inner casing (1), [0038] fig. 8) , and an axis passes through centers of the first and second circular bases and a circular separator (Spiral wound with separator to be a round or oval roll. Said roll axis is vertical to the said flat areas of the casings. [Abstract]), enclosed by the cylindrical casing (Inside the sealed housing the anode & cathode electrodes are spiral wound with separator to be a round or oval roll. Said roll axis is vertical to the said flat areas of the casings [Abstract]), wherein the axis passes through a center of the circular separator (separator roll axis is vertical to the flat area of the casing top and bottom, and parallel to the casing side walls [0024]).
Wang further teaches, such battery has high energy density, low impedance, high reliability and 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 have modified Um with the casing structure of Wang to improve energy density, lower impedance, provide high reliability and long cycle life.
As to claim 4, the rejection of claim 1 is incorporated, Um discloses cylinder- shaped porous metal-foam anode and cathode electrodes (The present invention describes secondary lithium battery including the metal foam for use as electrode [0061]…Secondary lithium batteries can have various shapes such as a cylinder, a square, a coin, and a pouch depending on the application of the present invention. [0064] Where the application requires a cylinder shaped battery would require a cylinder shaped foam electrode.)
comprise single-piece metal-foam anode and single-piece metal-foam cathode, being separated by a separator [0062] and a wet or liquid electrolyte. [0007]
the anode electrode comprises a copper foam [0023] coated with a tin coating [0054], [0056], Um does not explicitly disclose, and filled a slurry however Zhamu teaches (The presently invented procedure of slurry injection into foam pores [Zhamu 0146]) of the first active material comprising graphite and silicon [Zhamu 0020],
the cathode electrode comprises an aluminum foam filled (Um [0023]) with a slurry [Zhamu 0146] of the second active material [Zhamu 0021].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to have modified Um with the slurry injection of Zhamu to prevent wettability issues [Zhamu 0094]
As to claim 5, the rejection of claim 1 is incorporated, Um discloses cylinder- shaped porous metal-foam anode and cathode electrodes (The present invention describes secondary lithium battery including the metal foam for use as electrode [0061]…Secondary lithium batteries can have various shapes such as a cylinder, a square, a coin, and a pouch depending on the application of the present invention. [0064] Where the application requires a cylinder shaped battery would require a cylinder shaped foam electrode.) comprise single-piece metal-foam anode (or cathode) and a foil cathode (or anode), respectively. [0063]
the anode electrode comprises a copper foam [0023] coated with a tin coating [0054], [0056], Um does not explicitly disclose, and filled a slurry however Zhamu teaches (The presently invented procedure of slurry injection into foam pores [Zhamu 0146]) of the first active material comprising graphite and silicon [Zhamu 0020],
the cathode electrode comprises an aluminum foam filled (Um [0023]) with a slurry [Zhamu 0146] of the second active material [Zhamu 0021].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to have modified Um with the slurry injection of Zhamu to prevent wettability issues [Zhamu 0094]
As to claim 9, the rejection of claim 4 is incorporated, Um does not explicitly disclose on a thickness of the "thick" single-piece open-cell porous metal-foam anode and cathode electrodes is from about 0.2 millimeters to 50 millimeters.
However Zhamu teaches foam structure has a thickness no less than 200 μm [Zhamu 0028].
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).
As to claim 10, the rejection of claim 1 is incorporated, Um discloses the active materials can be anode (first) active materials comprising a high-capacity material of at least one of silicon, tin, or a mixture of graphite and silicon. [0022]
As to claim 11, the rejection of claim 1 is incorporated, Um discloses the cathode (second) active material is selected from a group consisting of the following LCO(LiCoO2), LMO(LiMn2O4), LMO(LiMn2O4), LFP(LiFePO4), NCM(Li(NiCoMn)O2), NCA(Li(NiCoAl)O2), and OLO(Li2MnO.LiMO2). [0022]
As to claim 12, the rejection of claim 1 is incorporated, Um discloses the anode (first) active material comprises a graphite- based material, metal-based material, or oxide-based material, or a combination, and is selected from a group consisting of the following: artificial graphite, natural graphite, soft carbon, hard carbon, Sn, Si and Si-Li based alloys, In-Li based alloys, Sb-Li based alloys, Ge-Li based alloys, Bi-Li based alloys, Ga-Li based alloys, and oxide based materials including Sn02, Co304, CuO, NiO, and Fe304. [0022]
As to claim 13, the rejection of claim 1 is incorporated, Um discloses a manufacturing process to form the porous metal- foam electrode comprises a freeze-casting method with controlled pore size between about 10 microns and about 150 microns. This copper foam has smaller pore size than that produced by electroless plating, with pore sizes ranging from several tens to hundred tens microns [0075]
Furthermore the product-by-limitations of claim 13 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 13 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 15, the rejection of claim 10 is incorporated, Um discloses the active material comprises a graphite powder slurry mixed with water, binder and high-capacity active material powder comprising at least one of tine and silicon (the weight percent of the high-capacity material ranges from about 0 percent to about 100 percent). Regarding methods used for coating the surfaces and the inner pore walls with the active materials, it is possible to use different methods or the same method for coating process of the metal foam [0041]… the inner pore wall are coated by the active material. [0042]… The anode active material is not particularly restricted and it can be selected from a group of the following materials: low-crystalline carbon-based materials including artificial graphite, natural graphite, soft carbon, hard carbon, and metal alloys including Si--Li based alloys, In--Li based alloys, Sb--Li based alloys, Ge--Li based alloys, Bi--Li based alloys, Ga--Li based alloys, and oxide based materials including SnO.sub.2, Co.sub.3O.sub.4, CuO, NiO, and Fe.sub.3O.sub.4. [0022]… Another technique is an ice-templating method. This technique includes the following steps. First, make a slurry by mixing ceramic, metal, or polymer powder with water and binder. [0030]... silicon nano powders [0163]. Applying the same method or technique of ice-templating requires the active materials and high-capacity to materials be powders of graphite and a silicon alloy. While Um does not teach the weight percent of the high-capacity materials the Um does not require the high-capacity materials to be present in the anode (first) active material which would meet the limitation of zero weight percent.
As to claim 16, the rejection of claim 15 is incorporated, the composition and viscosity of the slurry is modified for slurry's gravity feeding or vacuum-pulling process.
Claim 16 is deemed a product-by-process claim and as such the product-by-limitations of claim 16 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 16 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 17, the rejection of claim 15 is incorporated, Um discloses the active material slurry is placed on top of the metal-foam electrode and slowly gravity-fed into the pores of the metal foam. The step (b) is comprised of applying the solution (active material) prepared in step (a) on the surface of the metal foam and then permeating the solution inside the metal foam. [0056]
Claim 17 is deemed a product-by-process claim and as such the product-by-limitations of claim 17 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 17 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 18, the rejection of claim 17 is incorporated, Um discloses this gravity-feeding filling method is assisted with a vacuum-pulling device from the bottom of the metal-foam electrode. When immersing the metal foam into the solution, it is desirable to use the method of pressure impregnation to facilitate wetting inside the metal foam. [0056].
With respect to the location of the vacuum-pulling device It has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, switching the positions of the inlet and outlet ports would not modify the operation of the device, which is to allow for there-circulation of the water to be treated.
Claim 18 is deemed a product-by-process claim and as such the product-by-limitations of claim 18 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 18 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 19, the rejection of claim 17 is incorporated, this process is repeated with drying process until the filling is complete.
Claim 19 is deemed a product-by-process claim and as such the product-by-limitations of claim 19 are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 19 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 20, Um discloses, a secondary lithium-ion battery device assembled with porous metal foams [0021] as both the anode and cathode electrodes [0023], pores of the porous metal foams comprise a pore size between about 10 microns and about 150 microns (Porous metal foam with pore size ranging from several hundred microns to several nanometers [0009])
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).
Um does not explicitly teach, wherein pores of the porous metal foams are filled with an active material,
In the same field of endeavor Zhamu discloses a lithium ion battery comprising: (A) Assembling a porous cell framework composed of a foamed anode current collector, a foamed cathode current collector [Abstract], and Preferably, substantially all of the pores are filled with the electrode (anode or cathode) active material [0089], and further teaches,
a separator separates the anode and cathode electrodes, (A porous separator 240 disposed between the first and second conductive foam structure; [0084]
a wet electrolyte contacts the anode and cathode electrodes, (These foam structures have essentially a porosity level of 80%-99% and remaining 1%-20% being pore walls (e.g. metal or graphite skeleton). These pores are used to accommodate a mixture of active materials (e.g. graphite particles in the anode+an optional conductive additive) and liquid electrolyte.) [0086]
and the anode and cathode are housed in a cylindrical enclosure [0070]
a thickness of each of the anode and cathode electrodes is from about 0.2 millimeters to about 50 millimeters. (The first and/or second conductive foam structure has a thickness no less than 200 μm [Zhamu 0028])
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).
Zhamu further teaches, the present invention provides a process for producing a lithium battery having a high active material mass loading, exceptionally low overhead weight and volume (relative to the active material mass and volume), high volumetric capacity, and unprecedentedly high volumetric energy density and power density. [0015]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to have modified Um with the structure of Zhamu to improve the active material mass loading, decrease the overhead weight and volume, increase capacity, energy and power density. [0015]
Um discloses a secondary lithium battery can have various shapes including coin shapes [0064], which provides a cylindrical enclosure, however Um does not explicitly teach the cylindrical enclosure comprises a first cylindrical portion comprising the cathode electrode, a second cylindrical portion comprising the anode electrode, a first end of the cylindrical enclosure is opposite to a second end of the cylindrical enclosure, the first cylindrical portion is closer to a first end of the cylindrical enclosure than a second end of the cylindrical enclosure, and the second cylindrical portion is closer to the second end of the cylindrical enclosure than the first end of the cylindrical enclosure.
In the same field of endeavor Wang discloses a button cell and teaches the cylindrical enclosure comprises a first cylindrical portion comprising the cathode electrode (Outer casing (3) [Wang, 0038] fig. 5), a second cylindrical portion comprising the anode electrode (Inner casing (1) [Wang, 0038] fig. 5), a first end of the cylindrical enclosure (outer casing (3)) is opposite to a second end of the cylindrical enclosure (inner casing (1) fig. 5), the first cylindrical portion is closer to a first end of the cylindrical enclosure than a second end of the cylindrical enclosure (Wang, fig. 5), and the second cylindrical portion is closer to the second end of the cylindrical enclosure than the first end of the cylindrical enclosure (Wang, fig. 5).
Wang further teaches, such battery has high energy density, low impedance, high reliability and 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 have modified Um with the casing structure of Wang to improve energy density, lower impedance, provide high reliability and long cycle life.
As to claim 21, the rejection of claim 20 is incorporated, Um discloses the anode comprises porous copper foam, the cathode comprises porous aluminum foam [0023],
and pores of the cathode are filled with lithium- cobalt oxide as the active material. ( The pore sizes in the first and/or second conductive foam structure… designed to accommodate…cathode active materials (such as lithium cobalt oxide [0025])
As to claim 22, the rejection of claim 20 is incorporated, modified Um discloses the cathode comprises a thickness from about 0.2 millimeters to about 50 millimeters.( The first and/or second conductive foam structure has a thickness no less than 100 µm [Zhamu, 0085]
Applicant is reminded 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).
As to claim 23, the rejection of claim 21 is incorporated, modified Um discloses pores of the anode are filled with a silicon alloy as the active material. (There is no restriction on the types of anode active materials… Alloys or intermetallic compounds of Si ) [Zhamu, 0020]
As to claim 24, the rejection of claim 21 is incorporated, modified Um discloses pores of the anode are filled with a tin alloy as the active material. ((There is no restriction on the types of anode active materials… Alloys or intermetallic compounds of Sn ) [Zhamu, 0020]
As to claim 25, the rejection of claim 21 is incorporated, modified Um discloses pores of the anode are filled with graphite as the active material. (The anode active material comprises… Particles of natural graphite, artificial graphite [0047])
As to claim 26, Um discloses, a secondary lithium-ion battery device assembled with porous metal foams [0021] as both the anode and cathode electrodes(The present invention provides a metal foam which is coated with either a cathode active material or an anode active material. [0023] ),
wherein pores of the porous metal foams are coated [0046] – [0054] with a metal-oxide or metallic active material (A coating layer formed of tin or tin oxide) [0054], pores of the porous metal foams comprise a pore size between about 10 microns and about 150 microns (Porous metal foam with pore size ranging from several hundred microns to several nanometers [0009])
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).
Um does not explicitly teach, wherein pores of the porous metal foams are filled with an active material,
In the same field of endeavor Zhamu discloses a lithium ion battery comprising: (A) Assembling a porous cell framework composed of a foamed anode current collector, a foamed cathode current collector [Abstract], and Preferably, substantially all of the pores are filled with the electrode (anode or cathode) active material [0089], and further teaches,
a separator separates the anode and cathode electrodes, (A porous separator 240 disposed between the first and second conductive foam structure; [0084]
a wet electrolyte contacts the anode and cathode electrodes, (These foam structures have essentially a porosity level of 80%-99% and remaining 1%-20% being pore walls (e.g. metal or graphite skeleton). These pores are used to accommodate a mixture of active materials (e.g. graphite particles in the anode+an optional conductive additive) and liquid electrolyte.) [0086]
and the anode and cathode are housed in a cylindrical enclosure [0070]
Zhamu further teaches, the present invention provides a process for producing a lithium battery having a high active material mass loading, exceptionally low overhead weight and volume (relative to the active material mass and volume), high volumetric capacity, and unprecedentedly high volumetric energy density and power density. [0015]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to have modified Um with the structure of Zhamu to improve the active material mass loading, decrease the overhead weight and volume, increase capacity, energy and power density. [0015]
a thickness of each of the anode and cathode electrodes is from about 0.2 millimeters to about 50 millimeters. (The first and/or second conductive foam structure has a thickness no less than 200 μm [Zhamu 0028])
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).
As to claim 27 and 28, the rejection of claim 26 is incorporated, modified Um discloses a precursor may be used to develop a tin or tin oxide coating layer on the foam collector pores to improve capacity [0048]- [0059]. Zhamu teaches a second suspension, cathode active material is injected into the pore of the foamed cathode [Abstract]…cathode active material consists of lithium cobalt oxide. [0048]
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 20, and 26 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.
Applicant's arguments filed 05/07/2025, have been fully considered but they are not persuasive. In response to applicant's argument that Zhamu et al. (US2017/0062869A1) is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Zhamu is in the same field of endeavor of lithium ion battery. .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhamu et al. (US2017/0098856A1) Active material filled in foam electrodes.
Joo et al.(US2019/0288295A1, foreign priority 02/14/2018) Active material filled in foam electrodes.
THIS ACTION IS MADE FINAL. 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 BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
Prosecution Insights