DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/19/2025 has been entered.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/19/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. IDS statements of previous office actions have already been considered.
Claim Status
Claims 73 and 96 have been amended; support is found in original claim 17 and page 26 of the instant specification.
Claims 1-16, 19-47, 49-72, 74-84, 92, and 95 have been cancelled.
Claims 17-18 and 48 have been withdrawn
Claim 101 been added, support is found in claims 73 and 48 and page 26 of the instant specification. No new matter has been added.
Claims 73, 85-91, 93-94, 96-101 are currently pending and have been examined on the merits in this office action.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 73, 85-91, 93-94, and 96-101 are rejected under 35 U.S.C. 103 as being unpatentable over Albano et al. (US 2016/0351910 A1-as cited in the IDS) in view of Jung et al. (NPL Li3BO3-Li2CO3-as cited in the IDS) and Zhou et al. (US 2020/0185709 A1).
Regarding claim 73, Albano discloses an electrode for an electrochemical device, the electrode comprising:
electrode material particles (Figure 2; [0063] active material particles 10 for use in a cathode or anode); and
a nanoscale film on at least a portion of a surface of a porous structure of the electrode material particles (Figure 2; coating 20; [0084-0086] nano engineered coating that can be applied to the active material particles; [0089] selection of coating material is dependent upon surface it is applied to;[0116] non-exhaustive list may be B2O3 as well as lithium containing films),
wherein the electrochemical device includes a liquid electrolyte ([0028-0029] embodiments can be both a liquid electrode or solid electrolyte),
wherein the electrode is an anode ([0063] negative electrode can be used as the electrode), and
the electrode particles are selected from the group consisting of graphite, carbon, silicon, silicon-carbon composites, lithium metal, and mixtures thereof ([0065] anode may include graphite; claim 74 graphite based active material particles),
wherein the electrochemical device is a lithium ion battery ([0152] can be used in lithium ion batteries),
wherein the coating is applied to the particles before forming a slurry and pasting to form an electrode ([0084]).
Albano discloses the coating layer as the nanoscale film, however, is silent with respect to the nanoscale film being made of Li3BO3-Li2CO3.
Jung discloses a buffering phase for solid state lithium ion batteries having a LBCO (Li3BO3-Li2CO3) coating layer and is analogous with the instant invention as being within the same field of endeavor as the instant application. Jung discloses wherein a LBCO coating significantly enhanced the electrochemical performances of capacity, rate capability and durability (abstract, Results and Discussion paragraphs 1-2).
Therefore, it would have been obvious in view of a skilled artisan to substitute the coating layer of Albano for the coating layer of Jung as a simple substitution of a coating layer made of similar materials for another to significantly enhance the electrochemical performances of the battery cell capacity, rate capability and durability as taught by Jung. The coating layers of Albano and Jung overlap in scope as both can be applied to an electrode/active material/solid electrolyte, thus it would have been obvious for a skilled artisan to substitute one coating layer for a battery cell for another with reasonable expectation of success. 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. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Modified Albano is silent with respect to the method of forming the porous structure wherein the material particles are exposed to a lithium containing precursor followed by an oxygen containing precursor to form a coating on the electrode material particles and calendaring the layer to form the porous structure with particle-particle contacts. This limitation is deemed to be a method of forming the porous structure and is deemed to be a product by process, by the resulting structure appears to be a coating layer applied onto the active material particles. The product-by-limitations of claims 73 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 73 as written does not distinguish the product of the instant application from the product of the prior art as the prior art Albano and Jung discloses a coating applied through an ALD method to particles of the active material while the instant application method results in a LBO-LCO film applied onto particles of the electrode material and thus the claim as written fails to differentiate from the prior art. Even if not, Zhou discloses wherein an active material can form a slurry and be applied to a substrate and calendered.
Zhou discloses a coating on a cathode material for improving safety and cycling ability of a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Zhou disclose wherein an LBO covered cathode active material can be fabricated into cathode by forming a slurry, coating the slurry onto a substate, drying the slurry and compressing the coating by calendaring to form a LBO covered active material ([0054]).
Therefore, it would have been obvious in view of a skilled artisan that the coating and active material of modified Albano can be applied to the substrate as a slurry and further calendered to form an electrode as taught by Zhou. The resulting combination discloses wherein the LBCO film would be applied through calendering to a graphite anode of Albano which appears to be the same structure as applicant’s and applied through the same ALD method and thus would form the required structure of applicant’s method limitation that is read to be a product by process limitation. Because the thickness of the coating layer, method of applying the coating layer, and the materials for the coating layer (LBCO) and the anode (graphite) are the same as what is described in the instant application and the claims all the claim limitations of claim 73 are rendered obvious in view of the combination.
Regarding claim 85, modified Albano teaches all the claim limitations of claim 73. Jung further teaches wherein the film has a thickness of 0.1-50 nanometers (Jung Table 1- LBCO thickness 21.5-37 nm). 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).
Regarding claim 91, modified Albano teaches all the claim limitations of claim 73. Albano further teaches a separator in contact with the anode; and a cathode in contact with an opposite side of the separator to form an electrochemical cell ([0066] Figure 3; battery contains a positive electrode, negative electrode and separator).
Regarding claim 93, modified Albano teaches all the claim limitations of claim 73. Albano further teaches wherein the electrode material particles comprise graphite ([0065] graphite can be used as the anode active material).
Regarding claims 86-90, 94 and 96, modified Albano teaches all the claim limitations of claim 73. Jung teaches a LBCO coating that can be applied to the active material of Albano, however, is silent with respect to properties of the film such as the ionic conductivity, ionic transference number, redox potential, wettability, and total area specific resistance. The claimed properties appear to be based on the material and method of forming the film. Applicant uses a LBCO film applied to a graphite anode through atomic layer deposition and would appear to exhibit these properties as claimed by the applicant (See applicant’s instant specification [104-106] and [0046]). Examiner notes the modification of claim 73, as Albano’s coating layer 111 is substituted for the LBCO film of Jung both formed through a deposition process.
Therefore, through the modification of claim 73, the coating layer of Albano is substituted for the LBCO film of Jung and is recognized by Jung for displaying superior electrochemical properties. The substitution for an explicit combination of LBCO applied through atomic layer deposition would render obvious the claim properties of ionic conductivity (claim 86), ionic transference number (claim 87), stability at a Li+Li0 redox potential (claim 88), wettability (claim 89), solid electrolyte interphase (claim 90), and total area specific resistance (claim 94) as these properties appear to be attributed to using an LBCO film. Additionally, through the combination the LBCO film would be applied to a graphite anode of Albano which appears to be the same structure as applicant’s and through the same ALD method. Because the thickness of the coating layer, method of applying the coating layer, and the materials for the coating layer (LBCO) and the anode (graphite) are the same as what is described in the instant application and claims, the claim properties of claims 86-90, and 94 are rendered obvious in view of Albano and Jung. Regarding claim 96, the limitation “is formed by exposing the electrode material particles to a lithium containing precursor followed by an oxygen containing precursor and then further exposing to a boron containing precursor followed by the oxygen containing precursor to form the coating on the electrode material particles, forming a slurry comprising the coated electrode material particles, casting the slurry on a surface to form a layer, and calendering the layer to form the porous substrate” is a product by process limitation. Also see the rejection of claim 73 as Zhou discloses wherein a slurry can be formed and calendered onto the substrate to form an electrode with a coating layer applied onto the active material and thus this limitation is rendered obvious through the modification of claim 73.
The product-by-limitations of claim 96 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 96 as written does not distinguish the product of the instant application from the product of the prior art as the prior art Albano, Jung and Zhou discloses a coating applied through an ALD method that includes calendering the active material particles and coating onto the substrate.
Regarding claim 97, modified Albano discloses all the claim limitations of claim 73. Jung further discloses wherein the film has a thickness of 20-1000 nanometers (Jung Table 1- LBCO thickness 21.5-37 nm). 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).
Regarding claims 98-99, the limitations “wherein the film eliminates nature solid electrolyte interphase formation during preconditioning at a charge rate of C/10 for a first cycle and wherein the film alleviates a need for preconditioning during manufacturing of the lithium ion battery” is considered a product by process/intended use and is not given patentable weight. Claim 98 is dependent upon the use of the electrode and thus is not given patentable weight as no additional structural features is being claimed other than an absence of a solid electrolyte interphase during a preconditioning step, which is deemed to be a product by process claim. Claim 99 also is not given patentable weight as the claim does not contain any additional structural features for the product claim. Thus claims 98-99 are not given patentable weight as the limitations do not further limit the product claim of claim 97. The product-by-limitations of claims 98-99 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).
Regarding claim 100, modified Albano discloses all the claim limitations of claim 73. Albano further discloses wherein the electrode material particles are selected from the group consisting of graphite, carbon, silicon, silicon-carbon composites, lithium metal, and mixtures thereof ([0065] anode may include graphite; claim 74 graphite based active material particles).
Regarding claim 101, Albano discloses an electrode for an electrochemical device, the electrode comprising:
electrode material particles (Figure 2; [0063] active material particles 10 for use in a cathode or anode); and
a nanoscale film on at least a portion of a surface of a porous structure of the electrode material particles (Figure 2; coating 20; [0084-0086] nano engineered coating that can be applied to the active material particles; [0089] selection of coating material is dependent upon surface it is applied to;[0116] non-exhaustive list may be B2O3 as well as lithium containing films),
wherein the electrochemical device includes a liquid electrolyte ([0028-0029] embodiments can be both a liquid electrode or solid electrolyte),
wherein the electrode is an anode ([0063] negative electrode can be used as the electrode), and
the electrode particles are selected from the group consisting of graphite, carbon, silicon, silicon-carbon composites, lithium metal, and mixtures thereof ([0065] anode may include graphite; claim 74 graphite based active material particles),
wherein the electrochemical device is a lithium ion battery ([0152] can be used in lithium ion batteries),
wherein the coating is applied to the particles before forming a slurry and pasting to form an electrode ([0084]).
Albano discloses the coating layer as the nanoscale film, however, is silent with respect to the nanoscale film being made of Li3BO3-Li2CO3.
Jung discloses a buffering phase for solid state lithium ion batteries having a LBCO (Li3BO3-Li2CO3) coating layer and is analogous with the instant invention as being within the same field of endeavor as the instant application. Jung discloses wherein a LBCO coating significantly enhanced the electrochemical performances of capacity, rate capability and durability (abstract, Results and Discussion paragraphs 1-2).
Therefore, it would have been obvious in view of a skilled artisan to substitute the coating layer of Albano for the coating layer of Jung as a simple substitution of a coating layer made of similar materials for another to significantly enhance the electrochemical performances of the battery cell capacity, rate capability and durability as taught by Jung. The coating layers of Albano and Jung overlap in scope as both can be applied to an electrode/active material/solid electrolyte, thus it would have been obvious for a skilled artisan to substitute one coating layer for a battery cell for another with reasonable expectation of success. 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. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Modified Albano is silent with respect to the method of forming the porous structure wherein the material particles are calendered to form the porous structure with particle-particle contacts. This limitation is deemed to be a method of forming the porous structure and is deemed to be a product by process, by the resulting structure appears to be a coating layer applied onto the active material particles. The product-by-limitations of claims 101 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 101 as written does not distinguish the product of the instant application from the product of the prior art as the prior art Albano and Jung discloses a coating applied through an ALD method to particles of the active material while the instant application method results in a LBO-LCO film applied onto particles of the electrode material and thus the claim as written fails to differentiate from the prior art. Even if not, Zhou discloses wherein an active material can form a slurry and be applied to a substrate and calendered.
Zhou discloses a coating on a cathode material for improving safety and cycling ability of a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Zhou disclose wherein an LBO covered cathode active material can be fabricated into cathode by forming a slurry, coating the slurry onto a substate, drying the slurry and compressing the coating by calendaring to form a LBO covered active material ([0054]).
Therefore, it would have been obvious in view of a skilled artisan that the coating and active material of modified Albano can be applied to the substrate as a slurry and further calendered to form an electrode as taught by Zhou. The resulting combination discloses wherein the LBCO film would be applied through calendering to a graphite anode of Albano which appears to be the same structure as applicant’s and applied through the same ALD method and thus would form the required structure of applicant’s method limitation that is read to be a product by process limitation. Because the thickness of the coating layer, method of applying the coating layer, and the materials for the coating layer (LBCO) and the anode (graphite) are the same as what is described in the instant application and the claims all the claim limitations of claim 101 are rendered obvious in view of the combination.
Response to Arguments
Applicant's arguments filed 11/19/2025 have been fully considered but they are not persuasive. Applicant argues that the amended claims overcome the rejection of record, however, the rejection has been updated rendering the arguments moot in view of the newly cited reference and updated rejection. Applicant argues that the method of forming the electrode as claimed connotes a specific structure. This argument is noted, however, is not found to be persuasive as the prior art combination renders obvious the method of calendering and provides the structure required by the claim in view of the updated rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kerkamm (US 2014/0272585 A1)-discloses an electrode for an electrochemical energy store wherein the electrode is manufactured with a pressure step of calendering the active material onto an electrode.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728