Office Action Predictor
Application No. 17/449,002

Lithium-Ion Battery Containing a Stable Artificial Solid-Electrolyte Interface Layer

Non-Final OA §103
Filed
Sep 27, 2021
Examiner
HILTON, ALBERT MICHAEL
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Global Graphene Group, INC.
OA Round
3 (Non-Final)
61%
Grant Probability
Moderate
3-4
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

61%
Career Allow Rate
107 granted / 175 resolved
Without
With
+60.2%
Interview Lift
avg trend
3y 6m
Avg Prosecution
36 pending
211
Total Applications
career history

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.5%
+14.5% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
25.1%
-14.9% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2 Jan 2025 has been entered. Response to Arguments Applicant’s arguments with respect to claims 1-3, 5-6, and 8-17 have been considered but do not establish why the combination of prior art refences applied in the previous action fails to render the claims obvious. The Examiner submits that the prior art applied in the previous action reads on the amended claims, as set forth below, and as such the rejection is maintained. Claim Objections The objection to claim 16 is withdrawn in view of the amendments to the claim. 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 1-3, 5-6, 9-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over He (US 2019/0393487) in view of Zhamu (US 2019/0044137). Regarding claims 1-2, He discloses a lithium-ion battery comprising an anode, a cathode, and a lithium-ion permeable and electrically insulating separator (porous separator) that electrically separates the anode from the cathode ([0112] and Fig. 2). He further discloses an artificial solid-electrolyte interface (SEI) layer (1st and 2nd protective layers) disposed between the anode and the separator wherein the artificial SEI layer has a lithium-ion conductivity of 10--8 to 10--2 S/cm, which overlaps and thereby obviates the claimed ranges of 0 to 10-6 S/cm and 10-5 to 10-2 S/cm ([0070] and Fig. 2). He further discloses a battery comprising a reinforcement phase (reinforcement material) containing carbon fiber, graphite fiber, carbon nanofiber, graphite nanofiber, carbon nanotube, graphite particle, or expanded graphite flake, any of which can be reasonably considered to be carbon particles (He: claim 13). In addition, page 8, lines 13-19 of the instant specification states carbon fibers, carbon nanotubes, carbon nanofiber are possible reinforcement phase materials. Therefore, He encompasses some of the disclosed and claimed reinforcement phase. Further regarding claims 1-2, He discloses a battery comprising an SEI layer (1st and 2nd protective layers) that comprises a polymer matrix (ion-conducting polymer/electronically conductive polymer, [0058] and [0074]) and a reinforcement phase (reinforcement material) present at an amount of 0.01 to 50% by weight, which lies within the instantly-claimed range of 0 to 50% ([0025]). He further discloses lithium-containing species that are dispersed in said matrix (i.e., dispersed in an elastomer, [0059]) and to form an integral layer, wherein said lithium-containing species is selected from Li2CO3, Li2O, Li2C2O4, LiOH, LiX, ROCO2Li, HCOLi, ROLi, (ROCO2Li)2, (CH2OCO2Li) 2, Li2S, LixSOy, or a combination thereof, wherein X=F, Cl, I, or Br, and R = a hydrocarbon group with 0<x≤1 and 1< y≤4 ([0059]). The anode of He comprises multiple particles of an anode active material that comprises a lithium alloy ([0070]), but He is silent as to whether said active material comprises Si, Ge, P, Sn, Pb, Sb, Bi, Zn, Al Ti, Ni, Co, Cd, or alloys thereof. Further, He does not disclose an active material comprising 5-10% by weight binder resin and 5-15% by weight conductive additive. Further regarding claims 1-2, Zhamu, working in the same field of endeavor as He, teaches an anode active material for an Li-ion battery that comprises particles of a lithium-silicon alloy that comprises Si ([0024] and [0026]). The active material of Zhamu further comprises 5-10% by weight binder resin (conductive polymer) and 5-15% by weight conductive additive (graphite, carbon black, carbon nanotubes, etc.), which overlaps and thereby obviates the instantly-claimed range ([0094]). Zhamu further teaches that such an active material yields a battery with a long and stable cycle life ([0018]). One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to select the active material of Zhamu for use in the battery of He, and said artisan would have been motivated to make such a modification in order to produce a battery with a long and stable cycle life, as taught by Zhamu. Regarding claim 3, He discloses an SEI layer (1st and 2nd protective layers) that comprises one or multiple materials selected from Li2CO3, Li2O, Li2C2O4, LiOH, LiX, ROCO2Li, HCOLi, ROLi, (ROCO2Li)2, (CH2OCO2Li) 2, Li2S, LixSOy, or a combination thereof, wherein X=F, Cl, I, or Br, R=a hydrocarbon group, x=0<x≤1 and 1≤y≤4 ([0018]). Regarding claim 5, He discloses an SEI that meets the structural and compositional limitations of claim 1 as set forth above. The recitation of the manner of producing the claimed SEI (i.e., through reductive or oxidative degradation) does not further limit the structure of the claimed material. Regarding claim 6, the anode of He comprises multiple particles of an anode active material that comprises a lithium alloy ([0070]), but He does not disclose an active material comprising a conductive additive selected from a group including carbon fibers, carbon nanotubes, or carbon-coated nanofibers. Zhamu, working in the same field of endeavor as He, teaches an anode active material for an Li-ion battery that comprises particles of a lithium-silicon ([0024], [0026]) and 5-15% by weight conductive additive (graphite, carbon black, carbon nanotubes, etc.). Zhamu further teaches that such an anode active material yields a battery with a long and stable cycle life ([0018]). One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to select the active material of Zhamu for use in the battery of He, and said artisan would have been motivated to make such a modification in order to produce a battery with a long and stable cycle life, as taught by Zhamu Regarding claim 9, The anode of He comprises multiple particles of an anode active material that comprises a lithium alloy ([0070]), but He does not disclose an active material that contains a binder present at less than 1% by weight or a conductive additive present at less than 5% by weight. Zhamu, working in the same field of endeavor, teaches an anode active material for an Li-ion battery that comprises particles of a lithium-silicon alloy ([0024], [0026]) and comprises a binder that may be present in an amount of less than 1% (i.e., 0%, see [0024]). Further, Zhamu’s anode material comprises 5-15% by weight conductive additive (graphite, carbon black, carbon nanotubes, etc.), which is sufficiently close to the instantly-claimed range of 0 to 5% as to establish a prima facie case of obviousness ([0094]). Zhamu further teaches that such an active material yields a battery with a long and stable cycle life ([0018]). One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to select the active material of Zhamu for use in the battery of He, and said artisan would have been motivated to make such a modification in order to produce a battery with a long and stable cycle life Regarding claim 10, He discloses a lithium-ion battery comprising an electrically insulating separator made from a porous polymer membrane (Celgard 2400, see [0156]. Note that Celgard 2400 is a porous polymer) that electrically separates the anode from the cathode ([0112] and Fig. 2). Regarding claim 11, the new limitation of the instant claim is proviso upon the limitation “an inorganic solid electrolyte” in claim 10, which is not strictly required by the claim when the separator comprises a porous polymer membrane. As such, the limitations of the instant claim do not come into force. He discloses a lithium-ion battery comprising an electrically insulating separator made from a porous polymer membrane (Celgard 2400, see [0156]) that electrically separates the anode from the cathode ([0112] and Fig. 2). Regarding claim 12, the new limitation of the instant claim is proviso upon the limitation “solid polymer electrolyte” in claim 10, which is not strictly required by the claim when the separator comprises a porous polymer membrane. As such, the limitations of the instant claim do not come into force. He discloses a lithium-ion battery comprising an electrically insulating separator made from a porous polymer membrane (Celgard 2400, see [0156]) that electrically separates the anode from the cathode ([0112] and Fig. 2). Regarding claim 13, He discloses an electrolyte/separator assembly comprising a porous polymer (Celgard 2400, see [0156]) that is impregnated with a liquid electrolyte (i.e., the liquid LiPF6 electrolyte is combined with a liquid electrolyte, see [0112] and [0156]). Regarding claim 14, The anode of He comprises multiple particles of an anode active material that comprises a lithium alloy ([0070]). In the combination, Zhamu teaches the ability to further include a small amount of binder and conductive additive (paragraph [0045]). Regarding claim 16, the new limitation of the instant claim is proviso upon the limitation “ceramic particles or fibers” in claim 1, which is not strictly required by the claim when the reinforcement phase comprises graphene sheets, carbon fiber, or carbon nanotubes. As such, the limitations of the instant claim do not come into force. He discloses a lithium-ion battery comprising a reinforcement phase (reinforcement material) comprising graphene sheets, carbon fiber, or carbon nanotubes (He: claim 13). Regarding claim 17, He discloses a lithium-ion battery comprising an anode, a cathode, and a lithium-ion permeable and electrically insulating separator (porous separator) that electrically separates the anode from the cathode ([0112] and Fig. 2). He further discloses an artificial solid-electrolyte interface (SEI) layer (1st and 2nd protective layers) disposed between the anode and the separator wherein the artificial SEI layer has a thickness of 2 nm to 200 mm (the 1st and 2nd protective layers both have thicknesses of 1 nm to 100 mm, see [0070]), which overlaps the instantly-claimed range of 10 nm to 20 mm with sufficient specificity as to obviate the claimed range. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over He (US 2019/0393487) in view of Zhamu (US 2019/0044137) as applied to claim 6 above, and further in view of Jang (US 2020/0119353). Regarding claim 8, He discloses an anode that comprises multiple particles of an anode active material that comprises a lithium alloy ([0070]), but He does not disclose an active material that comprises Si, Ge, P, Sn, Pb, Sb, Bi, Zn, Al Ti, Ni, Co, Cd, or alloys thereof. Further, He does not disclose an active material comprising the conductive additive of claim 8. Zhamu, working in the same field of endeavor, teaches an anode active material for an Li-ion battery that comprises particles of a lithium-silicon alloy ([0024] and [0026]). The active material of Zhamu further comprises 5-10% by weight binder resin (conductive polymer) and 5-15% by weight conductive additive (graphite, carbon black, carbon nanotubes, etc.), which overlaps and thereby obviates the instantly-claimed range ([0094]). The conductive additive of Zhamu is selected from a group including carbon fibers, carbon nanotubes, or carbon-coated nanofibers ([0094]). Zhamu teaches that such an active material yields a battery with a long and stable cycle life ([0018]). One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to select the active material of Zhamu for use in the battery of He, and said artisan would have been motivated to make such a modification in order to produce a battery with a long and stable cycle life. The prior art teachings of He and Zhamu as set forth above teach a conductive additive from a group including carbon fibers, carbon nanotubes, or carbon-coated nanofibers, but the prior art as applied above does not teach graphene sheets as a conductive additive. Jang, working in the same field of endeavor, teaches a conductive additive for a Li-ion battery from a group comprising both single and multi-layer graphene as well as carbon nanotubes ([0014]). It would therefore have been obvious to one of ordinary skill in the art prior to the filing date of the instantly-claimed invention to add graphene sheets as a conductive additive rather than carbon nanotubes, as said artisan would have recognized graphene sheets to be a known, art-recognized alternative to carbon nanotubes as a conductive additive, as taught by Jang. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over He (US 2019/0393487) in view of Zhamu (US 2019/0044137) as applied to claim 1 above and in further view of Jang (US 2020/0168899). Regarding claim 15, The anode of He comprises multiple particles of an anode active material that comprises a lithium alloy ([0070]), but He does not disclose an active material that comprises Si, Ge, P, Sn, Pb, Sb, Bi, Zn, Al Ti, Ni, Co, Cd, or alloys thereof. Further, He does not disclose an anode containing multiple pores having a pore volume of 10-75% based on the total anode volume. Zhamu, working in the same field of endeavor, teaches an anode active material for an Li-ion battery that comprises particles of a lithium-silicon alloy ([0024] and [0026]). The active material of Zhamu is incorporated into a conductive graphite foam ([0060]), and Zhamu teaches that such an active material yields a battery with a long and stable cycle life ([0018]), but Zhamu is silent as to the pore volume of said graphite foam. One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to select the active material of Zhamu for use in the battery of He, and said artisan would have been motivated to make such a modification in order to produce a battery with a long and stable cycle life. Further regarding claim 15, the combined references of He and Zhamu teach an anode material having a graphite foam with multiple pores, but are silent as to the volume of said pores. Jang, working in the same field of endeavor, teaches a graphite foam material that incorporates a particulate anode material in the same fashion as described in Zhamu (Jang: [0016]). The pore volume of the graphite foam of Jang is 23 to 83% pore by volume (i.e., the pore/particle ratio is 0.3/1.0 to 5.0/1.0, see [0016]). The graphite foam used by Jang produces an anode material that exhibits a high cycle life, high reversible capacity, and is compatible with small particles. It would therefore have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to select the graphite foam taught by Jang as a support for the anode material of Zhamu. Said artisan would have been motivated to make such an addition in order to produce an anode material with a high cycle life, high reversible capacity, and small particle compatibility, as taught by Jang. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhamu (US 2016/0344010) teaches the use of coke particles, carbon-coated metal nanowires, and conductive polymer-coated nano-fibers as reinforcement materials for a reinforcement phase ([0016]). 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 ALBERT HILTON whose telephone number is (571)272-4068. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM 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, Milton Cano can be reached on (313) 446-4937. 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. /A.M.H./Examiner, Art Unit 1723 /MILTON I CANO/Supervisory Patent Examiner, Art Unit 1723
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Prosecution Timeline

Sep 27, 2021
Application Filed
Oct 20, 2023
Non-Final Rejection — §103
Apr 25, 2024
Response Filed
Jun 27, 2024
Final Rejection — §103
Oct 01, 2024
Response after Non-Final Action
Oct 10, 2024
Response after Non-Final Action
Jan 02, 2025
Request for Continued Examination
Jan 04, 2025
Response after Non-Final Action
Mar 06, 2025
Non-Final Rejection — §103
Jun 11, 2025
Response Filed
Jun 11, 2025
Response after Non-Final Action
Mar 31, 2026
Response after Non-Final Action

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Prosecution Projections

3-4
Expected OA Rounds
61%
Grant Probability
99%
With Interview (+60.2%)
3y 6m
Median Time to Grant
High
PTA Risk
Based on 175 resolved cases by this examiner