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 § 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) 7, 2-4, 12-14, 16, 17-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US20200259180A1 referred to as Shin-2020) and Shin et al. (US US20190139714A1 referred to as Shin-2019) in further view of Zhamu et al. (US20160301078A1).
Regarding Claim 7, selected embodiments of Shin-2020 and Shin-2019 (an incorporated reference) teach:
A multi-layer prelithiated anode for a lithium-ion cell, said anode comprising (Prelithiated multilayer dry electrode configurations that are suitable for a lithium ion-battery, see [0077] and [0043]):
a) a conducting substrate having a first primary surface and a second primary surface (a current collector foil, see [0077] and Fig. 6D);
b) a first layer of lithium metal deposited onto or attached to the first primary surface of the conducting substrate (A lithium foil layer is shown as at least attached to the first primary surface of the carbon coated current collector, see [0077] and Fig. 6D);
Shin-2020 does not teach that the multilayer dry electrode configuration of Fig. 6D necessary includes the following limitation:
c) a first graphitic layer that substantially covers the first lithium metal layer, wherein the first graphitic layer includes a film, paper, or fabric layer of a graphene material, expanded graphite, recompressed exfoliated graphite, highly oriented pyrolytic graphite, polymer- or pitch-derived graphite, carbon nanotubes, carbon nano-fibers, carbon or graphite fibers
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amorphous carbon, or a combination thereof, wherein the graphene material includes a material selected from graphene fluoride, graphene chloride, graphene bromide, graphene iodide, nitrogenated graphene, hydrogenated graphene, doped graphene, or a combination thereof
However, Shin-2020 teaches the electrode film structures can be multi-layer structures, such as those described in U.S. patent application Ser. No. 16/176,420, incorporated by reference (i.e., Shin-2019, US-20190139714-A1). Shin-2019 teaches multilayer electrode films incorporating two or more active layers, see [0031] and Fig. 2A. Shin-2019 teaches the multilayer electrode film includes a first active layer comprising a first active material and a second active layer comprising a second active material, see [0007]. Shin-2019 further teaches the anode active material for the first active layer is not necessarily a film of graphene but optionally can be, see [0060].
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have to have used the graphite as a first active material taught by Shin-2019 in the embodiment of Fig. 6D, because Shin-2020 teaches that this is a suitable configuration for the devices of his invention.
This selected embodiment of Shin-2020 using the incorporated reference Shin-2019 as the multi-layered anode teaches the claim limitation:
a first graphitic layer that substantially covers the first lithium metal layer;
wherein the first graphitic layer includes a film, paper, or fabric layer of a graphene material, expanded graphite, recompressed exfoliated graphite, highly oriented pyrolytic graphite, polymer- or pitch-derived graphite, carbon nanotubes, carbon nano-fibers, carbon or graphite fibers
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amorphous carbon, or a combination thereof (a film of graphene, see Shin-2019 [0060])
However, Shin-2020 and Shin-2019 are silent toward the graphene material being “wherein the graphene material includes a material selected from doped graphene, or a combination thereof”
To solve the same problem of providing an anodes with a graphene based dendrite penetration-resistant layer on an alkali metal layer (see Abstract), Zhamu teaches the graphene layer can suitably be nitrogen-doped graphene, boron-doped graphene, or a combination thereof, see [0016]-[0017]. Zhamu further teaches these materials for the graphene based layer are suitable to act as a dendrite penetration resistant layer, see [0016]-[0017].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have selected graphene fluoride, graphene chloride, graphene bromide, graphene iodide, hydrogenated graphene, nitrogenated graphene, or a combination thereof for the graphene material of Shin-2020 as taught by Zhamu to provide a layer capable of dendrite-intercepting.
Shin-2020 does not teach that the multilayer dry electrode configuration of Fig. 6D necessary includes the following limitation:
and d) a first anode active layer deposited on a primary surface of the first graphitic layer, wherein the first anode active layer includes an anode active material.
Shin-2019 teaches the multilayer electrode film includes a first active layer comprising a first active material and a second active layer comprising a second active material, see [0007]. Fig. 2A of Shin-2019 shows the layer 2 is “deposited on a primary surface” of layer 1. Shin-2019 further teaches the second active layer comprises an anode active material, see [0054].
This selected embodiment of Shin-2020 using the incorporated reference Shin-2019 as the multi-layered anode teaches the claim limitation:
and d) a first anode active layer deposited on a primary surface of the first graphitic layer, wherein the first anode active layer includes an anode active material.
Regarding Claim 2, Shin-2019 teaches the anode active layers comprises a polymeric binder material, see [0055].
Regarding Claim 3, Shin-2019 teaches the anode electrode films comprise at least one active material, a binder, and a conductive additive, see [0054].
Regarding Claim 4, Shin-2019 teaches the anode electrode films comprise at least one active material, see Shin-2019, [0054].
Regarding Claim 12, Shin-2020 teaches several suitable embodiments that have a double sided multilayer electrode in which there is a multilayer dry electrode laminated to the first side of the current collector and a second multilayer dry electrode film laminated to the second side of the current collector, see [0010] and Fig. 6E. Shin-2020 further teaches that it is suitable for the first multilayer dry electrode film and the second multilayer dry electrode film to be symmetric with respect to each other, see [0011].
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have a double sided, symmetrically multilayer electrode as shown in Fig. 6E, because Shin 2020 teaches this is a suitable configuration for his devices.
Having a symmetric double sided multilayer dry electrode film as shown in Fig. 6E with the layers described in Claim 1 above meets the limitations:
(e) a second layer of lithium metal deposited onto the second primary surface of the conducting substrate;
(f) a second graphitic layer that substantially covers the second lithium metal layer; and
(g) a second anode active layer deposited on a primary surface of the second graphitic layer.
Regarding Claim 13, Shin-2020 does not teach “the first lithium metal layer contains a lithium amount sufficient to prelithiated the anode to a level of lithium interaction from 5% to 100% of the maximum lithium storage capacity in the anode active material.”
However, Shin-2020 teaches that the amount of prelithiation is an important consideration for realization of high-capacity anodes, see [0049]. Shin-2020 further teaches the amount of prelithiation of the active layer is controlled by tuning the thickness and compression of the prelithiating layer, see [0050]. This disclosure teaches that thickness and compression of the prelithiating layer are both result effective variables that control the ultimate amount of prelithiation of the active layer.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have optimized thickness and compression of the prelithiating layer to arrive at the desired prelithiation of the active layer in order to produce a high-capacity anode.
It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art at the time the instant invention was filed to have arrived at the claimed “the first lithium metal layer contains a lithium amount sufficient to prelithiated the anode to a level of lithium interaction from 5% to 100% of the maximum lithium storage capacity in the anode active material,” without undue experimentation.
Regarding Claim 14, Shin-2020 does not teach “the first lithium metal layer has a thickness from 10 nm to 100 µm.”
However, Shin-2020 teaches that the amount of prelithiation is an important consideration for realization of high-capacity anodes, see [0049]. Shin-2020 further teaches the amount of prelithiation of the active layer is controlled by tuning the thickness and compression of the prelithiating layer, see [0050]. This disclosure teaches that the thickness and compression of the prelithiating layer are both result effective variables that control the ultimate amount of prelithiation of the active layer.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have optimized the thickness and compression of the prelithiating layer to arrive at the desired prelithiation of the active layer in order to produce a high-capacity anode.
It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art at the time the instant invention was filed to have arrived at the claimed “the first lithium metal layer has a thickness from 10 nm to 100 µm,” without undue experimentation.
Regarding Claim 16, Shin-2019 teaches the electrode films can have a thickness of about 30 microns (μm) to about 250 microns which overlaps with the claimed range. Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to select the overlapping portion of the claimed thickness first graphitic layer and the electrode film of Shin-2019, because Shin-2019 teaches this is a within the suitable range of electrode film thicknesses for his devices.
Regarding Claim 17, Shin-2020 teaches the multilayer electrode films including a prelithiating layer of his disclosure can be formed into an energy storage device, see [0043]. The energy storage devices of Shin-2020 include:
a cathode (All examples of full cells, shown in Figs. 25C-D include a cathode),
a separator that electrically isolates the anode from the cathode (All examples of full cells, shown in Figs. 25C-D include a separator. As evidenced by Shin-2019, separators act to insulate two electrodes on either side of the separator, see Shin-2019 [0046]),
and an electrolyte in ionic communication with the anode and the cathode (Electrolyte is added to form an energy storage device, see [0043]. The electrolyte is describes as being in electrical contact with the electrode, see [0054]).
Regarding Claim 18 and 20, Shin-2020 does not disclose that the following are necessarily the cathode materials used in the embodiment of Fig. 6D. However, Shin-2020 teaches lithium cobalt oxide, lithium manganese oxide, lithium nickel cobalt aluminum oxide (i.e., lithium-mixed metal oxide), a lithium iron phosphate are suitable cathode active materials, see [0056], are suitable cathode materials for his devices.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have to have used the listed cathode materials in the embodiment of Fig. 6D, because Shin-2020 teaches that this is a suitable configuration for the devices of his invention.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. US20200259180A1 (referred to as Shin-2020) and Shin et al. US20190139714A1 (referred to as Shin-2019) in further view of Zhamu et al. (US20180294476A1 referred to as Zhamu-2018).
Regarding Claim 9, selected embodiments of Shin-2020 and Shin-2019 (an incorporated reference) teach:
A multi-layer prelithiated anode for a lithium-ion cell, said anode comprising (Prelithiated multilayer dry electrode configurations that are suitable for a lithium ion-battery, see [0077] and [0043]):
a conducting substrate having a first primary surface and a second primary surface (a current collector foil, see [0077] and Fig. 6D);
a first layer of lithium metal deposited onto or attached to the first primary surface of the conducting substrate (A lithium foil layer is shown as at least attached to the first primary surface of the carbon coated current collector, see [0077] and Fig. 6D);
Shin-2020 teaches a current collector that comprises a foil and all examples in the reference indicated a Cu-foil for the anode, see [0077] and Fig. 6D. Shin-2020 does not teach:
wherein the conducting substrate is selected from a graphitic film wherein the graphitic film includes a film, paper, or fabric of a graphene material, expanded graphite, recompressed exfoliated graphite, highly oriented pyrolytic graphite, polymer- or pitch-derived graphite, carbon nano-fibers, carbon or graphite fibers, graphitic carbon, amorphous carbon, or a combination thereof
To solve the same problem of providing a multilayer lithium metal based negative electrode (see Abstract), Zhamu-2018 teaches a current collector can suitably be made of graphene sheets (i.e., a film of a graphene material) or carbon nanofibers, see [0059]. The disclosure of Zhamu-2018 teaches that a current collector made of these material forms a 3D interconnected network of electron-conducting pathways, see [0059].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used graphene sheets (i.e., a film of a graphene material) or carbon nanofibers as taught by Zhamu-2018 for the current collector of Shin-2020 to material form a 3D interconnected network of electron-conducting pathways.
wherein the graphene material is selected from pristine graphene, graphene oxide, reduced graphene oxide, graphene fluoride, graphene chloride, graphene bromide, graphene iodide, nitrogenated graphene, hydrogenated graphene, functionalized graphene, doped graphene, or a combination thereof (Due to the antecedent basis of “the graphene material,” this limitation is interpreted to merely modify the unselected optional limitation for the conducting substrate to be a fabric of a graphene material)
Shin-2020 does not teach that the multilayer dry electrode configuration of Fig. 6D necessary includes the following limitation:
a first graphitic layer that substantially covers the first lithium metal layer;
and d) a first anode active layer deposited on a primary surface of the first graphitic layer, wherein the first anode active layer includes an anode active material.
However, Shin-2020 teaches the electrode film structures can be multi-layer structures, such as those described in U.S. patent application Ser. No. 16/176,420, incorporated by reference (i.e., Shin-2019, US-20190139714-A1). Shin-2019 teaches multilayer electrode films incorporating two or more active layers, see [0031] and Fig. 2A. Shin-2019 teaches the multilayer electrode film includes a first active layer comprising a first active material and a second active layer comprising a second active material, see [0007]. Shin-2019 further teaches the anode active material for the first active layer is not necessarily graphite but optionally can be, see [0060].
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have to have used the graphite as a first active material taught by Shin-2019 in the embodiment of Fig. 6D, because Shin-2020 teaches that this is a suitable configuration for the devices of his invention.
This selected embodiment of Shin-2020 using the incorporated reference Shin-2019 as the multi-layered anode teaches the claim limitation:
a first graphitic layer that substantially covers the first lithium metal layer;
Shin-2020 does not teach that the multilayer dry electrode configuration of Fig. 6D necessary includes the following limitation:
and d) a first anode active layer deposited on a primary surface of the first graphitic layer, wherein the first anode active layer includes an anode active material.
Shin-2019 teaches the multilayer electrode film includes a first active layer comprising a first active material and a second active layer comprising a second active material, see [0007]. Fig. 2A of Shin-2019 shows the layer 2 is “deposited on a primary surface” of layer 1. Shin-2019 further teaches that the anode active material for the second active layer is not necessarily germanium but optionally can be, see [0054].
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have to have used the germanium as a second active material taught by Shin-2019 in the embodiment of Fig. 6D, because Shin-2020 teaches that this is a suitable configuration for the devices of his invention.
This selected embodiment of Shin-2020 using the incorporated reference Shin-2019 as the multi-layered anode teaches the claim limitation:
and d) a first anode active layer deposited on a primary surface of the first graphitic layer, wherein the first anode active layer includes an anode active material.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. US20200259180A1 (referred to as Shin-2020), Shin et al. US20190139714A1 (referred to as Shin-2019), and Zhamu et al. (US20160301078A1)as applied to Claim 7 above and in further view of House et al. US20210091383A1.
Regarding Claim 10, Shin-2020 teaches several suitable embodiments in which the Cu foil current collector is between two carbon coating layers, see Figs. 2A-5C.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have coated the current collector with a carbon-based layer, because Shin-2020 teaches that this is a suitable configuration for the devices of his invention.
Shin-2020 does not teach that the carbon coating layers are necessarily made of a graphene material. However, Shin teaches that a graphene materiel is a suitable form of carbon for use as the coating layers of the current collector.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have to have used a graphene material for the carbon-based coating layer, because Shin-2020 teaches that this is a suitable configuration for the devices of his invention.
Shin-2020 is silent toward the type of graphene material used.
To solve the same problem of providing a current collector coated in a graphene material (see Abstract), House teaches the graphene materials used to coat a current collector is “the graphene material preferably contains graphene sheets selected from pristine graphene, oxidized graphene, reduced graphene oxide, fluorinated graphene, graphene bromide, graphene chloride, graphene iodide, hydrogenated graphene, nitrogenated graphene, doped graphene, chemically functionalized graphene, or a combination thereof,” see [0018]. House further teaches the benefits of a graphene-protected current collector is electrolyte-compatibility, non-reactivity, corrosion-resistance, of low contact resistance, thermally and electrically conductive, ultra-thin, and light-weight.
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have used the graphene materials taught by House for the carbon coating of Shin-2020 to provide a current collector that is electrolyte-compatible, non-reactive, corrosion-resistant, of low contact resistance, thermally and electrically conductive, ultra-thin, and light-weight.
Claim(s) 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. US20200259180A1 (referred to as Shin-2020), Shin et al. US20190139714A1 (referred to as Shin-2019) and Zhamu et al. (US20160301078A1) as applied to Claim 7 above and in further view of Yang et al. US20180226641A1.
Regarding Claim 11, Shin-2020 teaches comprising a Cu foil, see [0077] and Fig. 6D. Shin does not a current collector “having a thickness from 1 to 50 µm.”
To solve the same problem of designing a multilayered anode (see Abstract), Yang teaches a copper current collector with a thickness in the range of 6 to 25 μm which is within the claimed range, see [0026]. The disclosure of Yang teaches that the thickness of 6 to 25 μm for a copper current collector conventional and successful.
Consequently, one of ordinary skill in the art at the time the instant invention was filed would have had a reasonable expectation of success in using a Cu-foil current collector with a thickness of 6 to 25 μm as taught by Yang in the device of Shin.
Regarding Claim 15, Shin-2020 teaches comprising a Cu foil, see [0077] and Fig. 6D. Shin does not a current collector “having a thickness from 1 to 50 µm.”
To solve the same problem of designing a multilayered anode (see Abstract), Yang teaches a copper current collector with a thickness in the range of 6 to 25 μm which is within the claimed range, see [0026]. The disclosure of Yang teaches that the thickness of 6 to 25 μm for a copper current collector conventional and successful.
Consequently, one of ordinary skill in the art at the time the instant invention was filed would have had a reasonable expectation of success in using a Cu-foil current collector with a thickness of 6 to 25 μm as taught by Yang in the device of Shin.
Response to Arguments
Applicant’s arguments, see pages 8-10, filed 05/12/2025, with respect to the rejection(s) of claim(s) 2-4,7, 9, 10-18 under §103 have been fully considered and are found unpersuasive. As given above, the amended limitations of Claim 7 are found to be taught by a different embodiment of Zhamu-2016 that doped-graphene is suitable material for. Amended Claim 9 is found to merely modify an optional limitation of the conducting substrate.
Conclusion
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.
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721