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 .
Status of Claims
The Applicant’s amendment and arguments, filed 11/11/2025, has been entered. Claims 1, 19, and 24 are amended; claims 2, 4-5, 7-13, 15, 18, and 22 stand as originally or previously presented; claims 3, 6, 14, 16, 20-21, and 23 are cancelled; and claims 25-27 are new. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 08/11/2025 has been withdrawn, and amended and new grounds of rejections under 35 U.S.C. 103 citing to the original art and new art are set forth below as necessitated by the claim amendments.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-5, 7-13, 15, 18-19, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2017/0317352 A1, hereafter Lee) in view of Niu et al. (CN105742613A, hereinafter Niu), Zhang et al. (US 20130236765 A1, hereinafter Zhang), Choi et al. (WO 2019083307 A1, citations from corresponding US 20200295414 A1, hereinafter Choi), Yamamoto et al (US 20190123322Al, hereinafter Yamamoto), Liang et al. (US 20120025149 A1, hereinafter Liang), and Li et al. (CN 105244492 A, hereinafter Li).
Regarding Claims 1, 8-11, 13, 15, 19, 22, 25, and 27, Lee discloses the limitations for a lithium-ion battery (Claim 19) (Lee, the lithium metal battery may also be used as a unit battery of a medium-large size battery pack that include a plurality of battery cells for use as a power source of a medium-large size device, such as electric vehicles, [0230-0231]), and a lithium-ion battery (Claims 1 and 19) (Lee, lithium metal battery, Abstract), comprising
a positive electrode plate (Lee, positive electrode, [0008]),
a negative electrode plate (Lee, negative electrode, [0008]),
a separator located between the positive electrode plate and the negative electrode plate (Lee, separator 24c between negative electrode 22 and positive electrode 21, [0200-0203], Fig 1I), and
an electrolytic solution (Lee, the separator may include an electrolyte including a lithium salt and organic solvent, [0203]),
a first functional coating is sequentially disposed on a surface of the negative electrode plate facing the separator (Lee, protective layer may be disposed on at least a portion of the negative electrode, [0201]; the protective layer is the first functional coating); the first functional coating contain an organic porous particulate material (Lee, at least one particle in the protective layer may include any polymer that may be suitable to form protective layers, such as a poly(methyl methacrylate-divinylbenzene) copolymer, [0066-0069]),
Lee is silent regarding a lithium-supplementing layer that is disposed on a surface of the negative electrode plate facing the separator. Niu discloses a lithium-ion battery (Niu, [0008]) comprising of a lithium supplement layer that is provided on the surface of the negative electrode film layer, and the lithium supplement layer is lithium powder or lithium sheet (Niu, [0010-0011]). Niu teaches that the lithium replenishing layer replenishes the irreversible lithium consumed by the hard carbon and/or silicon material in the active material of the negative electrode plate during the initial charge and discharge process, and especially improves the initial charge and discharge efficiency of the electrode (Niu, [0012, 0021]). Additionally, Niu teaches that using the lithium supplement layer to replenish the lithium ions allows for high energy density to be maintained and a high-energy-density, fast-charging lithium-ion battery can be obtained (Niu, [0021, 0087]).
Niu and Lee are analogous art as they are both directed towards a lithium-ion battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the lithium-supplementing layer of Niu in the lithium-ion battery of Lee in order to maintain high energy density and allow for fast charging times. In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the lithium-supplementing layer of Niu between the protective layer and active material of Lee in order to replenish the irreversible lithium consumed by the hard carbon and/or silicon material in the negative active material to improve the initial charge and discharge efficiency of the electrode.
Modified Lee is silent regarding a second functional coating that is disposed on a surface of the separator facing the negative electrode plate, and the second functional coating containing an organic porous particulate material. Zhang discloses a lithium-ion battery comprising of a separator that comprises of a porous substrate, wherein at least one surface of the porous substrate is coated with an inorganic coating, and an organic coating that is coated on the surface of the inorganic matter coating (Zhang, [0008]). Zhang teaches that the inorganic matter coating makes the separator maintain higher thermal stability properties and mechanical properties, which improves the safety performance of the battery (Zhang, [0016]). Zhang further discloses that the organic coating may be polymethyl acrylate (Zhang, [0012]; the Examiner notes that the organic coating layer reads on the second functional coating because the coating may be on both surfaces of the porous substrate, so the organic coating layer may be facing the negative electrode). Zhang teaches that the polymethyl acrylate in the matter coating in the separator has a relatively powerful interaction with that of the electrolyte solvent, which endows the organic matter coating with good electrolyte absorbing and swelling capabilities (Zhang, [0017]).
Zhang and modified Lee are analogous art as they are both directed towards a separator for a lithium-ion battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the separator of Zhang comprising of a porous substrate coated with an inorganic matter coating coated with an organic matter coating in the lithium-ion battery of modified Lee in order to achieve good electrolyte absorbing, swelling capability, and improved battery safety performance.
Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), comprising of an organic porous particulate (Lee, a poly(methyl methacrylate-divinylbenzene) copolymer, [0069]; this is the first functional coating organic porous particulate material) (Zhang, the organic coating may be polymethyl acrylate, [0012]; this is the second functional coating organic porous particulate material).
Modified Lee is silent regarding a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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H represents an original particle height of the organic porous particulate material, and h represents a particle height of the organic porous particulate material that has been pressed for 1 minute under a pressure of 2 Mpa (Claims 1 and 19), and
the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200% (Claim 1) and more specifically 40%-100% (Claim 22), wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution.
As demonstrated in Paragraph [0107], Table 1 of the Instant Specification, compressibility S and electrolyte storage capacity F is dependent on particle size, average pore size, crystallinity, and crosslinkability.
Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein a particle size of the organic porous particulate material is 1 µm to 70 µm (Claim 8), and more specifically, the particle size of the organic porous particulate material is 5 µm to 50 µm (Claim 9) (Lee, wherein the protective layer has at least one particle having a particle size of greater than about 1 µm to about 100 µm, [0041]; the disclosed particle size range of 1 µm – 100 µm overlaps with the claimed particle size range of 1 µm – 70 µm (Claim 8) and 5 µm - 50 µm (Claim 9)) (Zhang, the organic matter coating has a height of 1 µm – 100 µm, [0013]; the disclosed particle size range of 1 µm – 100 µm overlaps with the claimed particle size range of 1 µm – 70 µm (Claim 8) and 5 µm - 50 µm (Claim 9)).
Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), comprising of a protective layer that may have a porosity of about 25 to about 50% (Lee, [0106]). Modified Lee further discloses that the pore size and porosity of the protective layer may be determined depending on the size of the particles (Lee, [0106]). Modified Lee discloses particle sizes overlapping the claimed particle size range as noted above.
Modified Lee is silent regarding the pore size of the organic porous particulate material is 1 nm to 200 nm (Claim 10), and more specifically, the pore size of the organic porous particulate material is 5 nm to 50 nm (Claim 11).
Yamamoto discloses battery comprising a functional layer 14 coating a porous substrate 12 (Yamamoto, [0012, 0032], Figure 1). Yamamoto discloses that the functional layer has a preferred average pore diameter of 20 nm to 40 nm, which falls within the claimed pore size of 1 to 200 nm and more specifically 5 nm to 50 nm (Yamamoto, [0024]). Yamamoto teaches that by having an average pore diameter within the range of 20 nm to 40 nm, the strength of the functional layer can be further enhanced while high density of the functional layer is retained, and there is a reduction in the generation of cracks (Yamamoto, [0024, 0026]).
Yamamoto and modified Lee are analogous as they are both directed towards a separator coating for a battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the organic layer of modified Lee to have a pore size of the functional layer of 20 nm to 40 nm of Yamamoto in order to increase the strength of the organic layer and reduce the generation of cracks.
Modified Lee is silent regarding the crystallinity of the organic porous particulate, wherein the crystallinity of the organic porous particulate material is 30% to 80% (Claim 13).
Choi discloses a secondary battery comprising of polymethyl methacrylate and polymethyl acrylate that may have a crystallinity of 15% or more (Choi, [0032]). Choi teaches that when the thermoplastic polymer has a crystallinity within this range, it is possible to more easily acquire positive temperature coefficient (PTC) properties, which exhibits uniform conductivity in the general operating temperature range of a battery and allow for the battery to be operated at a stable State of Charge; thus, it is possible to prevent the occurrence of a thermal runaway phenomenon of the battery (Choi, [0009, 0054])
Choi and modified Lee are analogous art as they are both directed towards the use of an organic material in a battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the polymethyl methacrylate and polymethyl acrylate of modified Lee to have a crystallinity in the range of 15% or more of Choi in order to prevent the occurrence of a thermal runaway phenomenon of the battery.
Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein a crosslinkability of the organic porous particulate material is 20% to 80% (Claim 15) (Lee, the protective layer may have a degree of cross-linking of about 10% to 30%, [0079]; the disclosed crosslinkability range of 10 to 30% overlaps the claimed particle size range of 20% to 80%.
With respect to the limitations a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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H represents an original particle height of the organic porous particulate material, and h represents a particle height of the organic porous particulate material that has been pressed for 1 minute under a pressure of 2 Mpa (Claims 1 and 19), and
the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200% (Claim 1) and more specifically 40%-100% (Claim 22), wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution; it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited organic porous particulate material.
Applicant discloses that when the crystallinity reaches 80% (Embodiment 4), the organic porous particulate material exhibits very high mechanical performance, excessive resistance to compression, and a compressibility of less than 50% and the electrolyte storage capacity of the material is merely 50% (see Instant Specification 00111), and compressibility and electrolyte storage capacity is further dependent on Particle Size, Average Pore Size, Crosslinkability, and Crystallinity.
Accordingly, it is reasonably interpreted that Particle Size, Average Pore Size, Crosslinkability, and Crystallinity is critical to the recited compressibility and electrolyte storage capacity such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Modified Lee discloses of an organic porous particulate (Lee, a poly(methyl methacrylate-divinylbenzene) copolymer, [0069]; this is the first functional coating organic porous particulate material) (Zhang, the organic coating may be polymethyl acrylate, [0012]; this is the second functional coating organic porous particulate material), comprising a crystallinity in the range of 15% or more (Choi, [0032]) in order to prevent the occurrence of a thermal runaway phenomenon of the battery (Choi, [0009, 0054]).
Modified Lee discloses a particle size of the organic porous particulate material is 1 µm to 70 µm (Claim 8), and more specifically, the particle size of the organic porous particulate material is 5 µm to 50 µm (Lee, wherein the protective layer has at least one particle having a particle size of greater than about 1 µm to about 100 µm, [0041]; the disclosed particle size range of 1 µm – 100 µm overlaps with the claimed particle size range of 1 µm – 70 µm (Claim 8) and 5 µm - 50 µm (Claim 9)) (Zhang, the organic matter coating has a height of 1 µm – 100 µm, [0013]; the disclosed particle size range of 1 µm – 100 µm overlaps with the claimed particle size range of 1 µm – 70 µm (Claim 8) and 5 µm - 50 µm (Claim 9).
Modified Lee discloses the functional layer has a preferred average pore diameter of 20 nm to 40 nm, which falls within the claimed pore size of 1 to 200 nm and more specifically 5 nm to 50 nm (Yamamoto, [0024]).
Modified Lee discloses a crosslinkability of the organic porous particulate material is 20% to 80% (Claim 15) (Lee, the protective layer may have a degree of cross-linking of about 10% to 30%, [0079]; the disclosed crosslinkability range of 10 to 30% overlaps the claimed particle size range of 20% to 80%.
It is submitted that the organic materials of the first protective layer and second organic coatings of modified Lee of is substantially similar to the instant organic porous particulate such that the organic materials of the first protective layer and second organic coatings of modified Lee would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the organic materials of the first protective layer and second organic coatings of modified Lee would inherently possess physical properties, e.g. compressibility and electrolyte storage capacity, such that the organic materials of the first protective layer and second organic coatings of modified Lee would necessarily fulfill the recited limitations, i.e. a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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H represents an original particle height of the organic porous particulate material, and h represents a particle height of the organic porous particulate material that has been pressed for 1 minute under a pressure of 2 Mpa (Claims 1 and 19), and
the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200% (Claim 1) and more specifically 40%-100% (Claim 22), wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution.
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the claimed organic porous particulate material. The skilled artisan would reasonably find that the disclosed organic material is so similar to the instant organic porous particulate material that the prior art organic material would also exhibit a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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H represents an original particle height of the organic porous particulate material, and h represents a particle height of the organic porous particulate material that has been pressed for 1 minute under a pressure of 2 Mpa (Claims 1 and 19), and
the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200% (Claim 1) and more specifically 40%-100% (Claim 22), wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution.
Modified Lee is silent regarding the organic porous particulate material is one or more selected from polyborate (Claims 1, 19, and 25). Liang discloses an electrode coating comprising of a binder, wherein the binder may be polymethyl methacrylate (PMMA) or a polyborate (Liang, [0058-0059]). Liang teaches that the binder ensures cohesion of the electrode material (Liang, [0058]).
Modified Lee and Liang are analogous to the current invention as they are directed towards a coating layer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to recognize that polyborate is an obvious variant to polymethyl methacrylate because they all are suitable to be used in an electrode coating due to their ability to ensure cohesion of the electrode material. See MPEP 2144.06 (II).
Modified Lee is silent regarding a weight percent of the organic porous particulate material in the first functional coating or the second functional coating ranges from 60% to 90% (Claims 1 and 19).
Li discloses a lithium-ion battery (Li, lithium-ion battery, [0002]) comprising a first functional coating or a second functional coating (Li, boron-containing inorganic polymer coating layer, [0038]), wherein a weight percent of the organic porous particulate material (Li, the boron-containing salt refers to one or more of polyborate, [0028]) in the first functional coating or the second functional coating ranges from 60% to 90% (Li, the mass ratio of boron element in the boron-containing salt solution to the M element in the added M salt solution to be 0.5:1~100:1, [0025]; the disclosed mass ratio of boron element of 0.5:1~100:1 overlaps the claimed range of 60% to 90%). Li teaches that that the surface coating can improve the surface structure stability of the electrode materials and enhance the cycle performance of batteries under high voltage (Li, [0004]).
Modified Lee and Li are analogous to the current invention as they are directed towards a coating layer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the polyborate of modified Lee in a mass ratio of 0.5:1~100:1, as taught by Li, in order to improve the surface structure stability of the electrode. In addition, MPEP 2143(C) states:
“The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art.”
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 2, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein the compressibility S of the organic porous particulate material ranges from 50% to 80%. As noted above, the organic materials of the first protective layer and second organic coatings of modified Lee would inherently possess physical properties, e.g. compressibility and electrolyte storage capacity, because the organic material of modified Lee has a Particle Size, Average Pore Size, Crosslinkability, and Crystallinity that overlaps the respective ranges, as noted above, and Particle Size, Average Pore Size, Crosslinkability, and Crystallinity is critical to the recited compressibility (Instant Specification 00111 and Table 1), such that it would fulfil the recited measurements and necessarily possess the inherent properties.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 4, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein the organic porous particulate material is a polymer polyacrylate (Lee, a poly(methyl methacrylate-divinylbenzene) copolymer, [0069]; this is the first functional coating organic porous particulate material) (Zhang, the organic coating may be polymethyl acrylate, [0012]; this is the second functional coating organic porous particulate material) with a weight-average molecular weight of 500~2,000,000 (Claim 4) (Lee, in the block copolymer, a block including a first repeating unit may have a weight average molecular weight of about 10,000 to 510,000 Daltons, and a block including a second repeating unit may have a weight average molecular weight of about 10,000 to 510,000 Daltons, [0074-0075]; the disclosed weight average molecular weight of about 10,000-510,000 Daltons falls within the claimed weight-average molecular weight of 500-2,000,000).
Regarding Claim 5, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein the organic porous particulate material is an ester polyacrylate (Lee, a poly(methyl methacrylate-divinylbenzene) copolymer, [0069]; this is the first functional coating organic porous particulate material) (Zhang, the organic coating may be polymethyl acrylate, [0012]; this is the second functional coating organic porous particulate material).
Regarding Claim 7, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein a significant surface functional group of the organic porous particulate material is one or more selected from ester (Lee, a poly(methyl methacrylate-divinylbenzene) copolymer, and the amount of the methyl methacrylate repeating unit may be from about 65 to 99 parts by weight, based on 100 parts by weight of the copolymer [0069-0071]; since the amount of methyl methacrylate is above 50 parts by weight, there can be a significant content of the ester functional group on the surface, as defined by Instant Specification paragraph 0079). (Zhang, the organic coating may be polymethyl acrylate, and the area of the organic matter coating is 5-95% of that of the porous substrate, [0012-0013]; there is an overlap in the disclosed area of the organic matter coating that would result in a significant content of the ester functional group on the surface, as defined by Instant Specification Paragraph 0079).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the organic matter coating area because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claims 8-9, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein a particle size of the organic porous particulate material is 1 µm to 70 µm (Claim 8), and more specifically, the particle size of the organic porous particulate material is 5 µm to 50 µm (Lee, wherein the protective layer has at least one particle having a particle size of greater than about 1 µm to about 100 µm, [0041]; the disclosed particle size range of 1 µm – 100 µm overlaps with the claimed particle size range of 1 µm – 70 µm (Claim 8) and 5 µm - 50 µm (Claim 9)) (Zhang, the organic matter coating has a height of 1 µm – 100 µm, [0013]; the disclosed particle size range of 1 µm – 100 µm overlaps with the claimed particle size range of 1 µm – 70 µm (Claim 8) and 5 µm - 50 µm (Claim 9)).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the organic matter coating area because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claims 10-11, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein a pore size of the organic porous particulate material is 1 nm to 200 nm (Claim 10), and more specifically the pore size is 5 nm to 50 nm (Claim 11) (Yamamoto, the functional layer has a preferred average pore diameter of 20 nm to 40 nm, [0024]); the disclosed range of 20 nm to 40 nm falls within the claimed pore size of 1 to 200 nm (Claim 10) and more specifically 5 nm to 50 nm (Claim 11)).
Regarding Claim 12, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein the organic porous particulate material is a hollow structure and/or a through-hole structure (Lee, the protective layer may have a porosity of about 25 to about 50%, [0106]).
A skilled artisan would reasonably understand that since the protective layer has porosity, there must be at least some form of through-hole structure because there must be movement of matter through the organic porous particulate material.
Regarding Claim 13, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein a crystallinity of the organic porous particulate material is 30% to 80% (Claim 13) (Choi, a secondary battery comprising of polymethyl methacrylate and polymethyl acrylate that may have a crystallinity of 15% or more, [0032]; the disclosed crystallinity range of 15% or more overlaps the claimed range of 30% to 80%).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the organic matter coating area because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 18, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein the first functional coating further contain a binder (Lee, the ion conductive polymer, which may be in the protective layer, may serve as a binder, [0085]), and the binder is one or more selected from polyacrylate copolymer (Lee, the ion conductive polymer may be a cross-linked product of a compound including a poly(C2-C9 glycol) polyacrylate, i.e. trimethylol propane triacrylate, [0089-0090]).
Regarding Claim 27, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), wherein each of the first functional coating and the second functional coating further contains a binder (Lee, the ion conductive polymer, which may be in the protective layer, may serve as a binder, [0085]), and the binder is one or more selected from polyacrylate (Lee, the ion conductive polymer may be a cross-linked product of a compound including a poly(C2-C9 glycol) polyacrylate, i.e. trimethylol propane triacrylate, [0089-0090]); and
a weight ratio of the organic porous particulate material to the binder is 80:20. (Li, the mass ratio of boron element in the boron-containing salt solution to the M element in the added M salt solution to be 0.5:1~100:1, [0025]; the disclosed mass ratio of boron element of 0.5:1~100:1 overlaps the claimed amount of 80%) (Lee, an amount of the binder added may be from about 1 part by weight to about 50 parts by weight, [0217]; the disclosed binder weight range of 1 part by weight to about 50 parts by weight overlaps the claimed amount of 20%)
Claims 17 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2017/0317352 A1, hereafter Lee) in view of Niu et al. (CN105742613A, hereinafter Niu), Zhang et al. (US 20130236765 A1, hereinafter Zhang), Choi et al. (WO 2019083307 A1, citations from corresponding US 20200295414 A1, hereinafter Choi), Yamamoto et al (US 20190123322Al, hereinafter Yamamoto), Liang et al. (US 20120025149 A1, hereinafter Liang), Li et al. (CN 105244492 A, hereinafter Li), as applied to Claim 1 above, and further in view of Burshtain et al. (US 20170294644 A1, hereinafter Burshtain).
Regarding Claims 17 and 26, modified Lee discloses all of the claim limitations as set forth above. Modified Lee discloses a lithium-ion battery (Lee, lithium metal battery, Abstract), and an inorganic coating is disposed between the separator and the second functional coating (Zhang, a separator that comprises of a porous substrate, wherein at least one surface of the porous substrate is coated with an inorganic coating, and an organic coating that is coated on the surface of the inorganic matter coating, [0008]). Modified Lee is silent regarding the inorganic coating comprises an inorganic particulate material, and the inorganic particulate material is one or more selected from manganese oxide (Claims 17 and 26).
Burshtain discloses a lithium-ion battery (Burshtain, lithium ion battery, [0002], wherein an inorganic coating comprises an inorganic particulate material, and the inorganic particulate material is one or more selected from manganese oxide (Burshtain, coatings of transition metal oxides (e.g. Al2O3, MnO, etc.), [0105]).
Burshtain teaches that coatings may enhance mechanical stability of the electrode and may further enhance electronic and/or ionic conductivity (Burshtain, [0105, 0159]).
Modified Lee and Burshtain are analogous to the current invention as they are all directed towards a coating.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the lithium-ion battery of modified Lee to comprise of a transition metal oxide coating, which may be MnO, as taught by Burshtain, in order to enhance mechanical stability of the electrode and further enhance electronic and/or ionic conductivity.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Kawakami et al. (US 6207326 B1, hereafter Kawakami) in view of Niu et al. (CN105742613A, hereinafter Niu), Cheng et al. (CN 106328865 A, hereinafter Cheng), Choi et al. (WO 2019083307 A1, citations from corresponding US 20200295414 A1, hereinafter Choi), Zhang et al. (US 20130236765 A1, hereinafter Zhang) and Kim et al. (US 20190020008 A1, hereinafter Kim).
Regarding Claim 24, Kawakami discloses the limitations for a lithium-ion battery (Kawakami, lithium secondary battery, Abstract), comprising
a positive electrode plate (Kawakami, positive pole, Abstract),
a negative electrode plate (Kawakami, negative pole, Abstract),
a separator located between the positive electrode plate and the negative electrode plate (Kawakami, separator which separates the positive pole aand negative pole from each other, Col. 3, lines 35-37), and
an electrolytic solution (Kawakami, electrolytic solution, Abstract), wherein
a first functional coating is disposed on a surface of the negative electrode plate facing the separator (Kawakami, the surface of the negative pole is covered with a film having a structure which allows ions relating to the battery reactions to pass through, Abstract). Kawakami discloses that the first functional coating contains an organic porous particulate material (Kawakami, the surface of the negative pole is covered with an organic polymer containing one or more types of elements selected from a group consisting of oxygen, which is exemplified by polyvinyl alcohol, Col 16, line 62 – Col 17, line 14). Kawakami discloses that the negative pole is covered with the foregoing organic polymer film formed in such a manner that the solution of the organic polymer is applied and dried and then crosslinking reactions are performed (Kawakami, Col 17, lines 20-23; the Examiner notes that the organic polymer is crosslinked).
Kawakami is silent regarding a lithium-supplementing layer that is disposed on a surface of the negative electrode plate facing the separator.
Niu discloses a lithium-ion battery (Niu, [0008]) comprising of a lithium supplement layer that is provided on the surface of the negative electrode film layer, and the lithium supplement layer is lithium powder or lithium sheet (Niu, [0010-0011]). Niu teaches that the lithium replenishing layer replenishes the irreversible lithium consumed by the hard carbon and/or silicon material in the active material of the negative electrode plate during the initial charge and discharge process, and especially improves the initial charge and discharge efficiency of the electrode (Niu, [0012, 0021]). Additionally, Niu teaches that using the lithium supplement layer to replenish the lithium ions allows for high energy density to be maintained and a high-energy-density, fast-charging lithium-ion battery can be obtained (Niu, [0021, 0087]).
Kawakami and Niu are analogous art as they are both directed towards a lithium-ion battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the lithium-supplementing layer of Niu in the lithium secondary battery of Kawakami in order to maintain high energy density and allow for fast charging times. In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the lithium-supplementing layer of Niu between the protective layer and active material of Kawakami in order to replenish the irreversible lithium consumed by the hard carbon and/or silicon material in the negative active material to improve the initial charge and discharge efficiency of the electrode.
Modified Kawakami is silent regarding a second functional coating is disposed on a surface of the separator facing the negative electrode plate, and the second functional coating contain an organic porous particulate material.
Cheng discloses a second functional coating is disposed on a surface of the separator facing the negative electrode plate (Cheng, an isolation membrane, which comprises: a microporous membrane having micropores; and a coating layer coated on the surface of the microporous membrane, [0007-0008]; the Examiner notes that the coating layer corresponds to the second functional coating because it is coated on the surface of the microporous membrane, or separator), and
the second functional coating contain an organic porous particulate material (Cheng, the coating comprises: functional porous cross-linked polymer microspheres, inorganic ceramic particles and a polymer binder, [0008]). Cheng discloses that the functionalized crosslinked polymer may contain a main polymerized monomer unit and a functional monomer unit, wherein the main polymer monomer can be selected from one or more of methyl methacrylate (Cheng, [0017-0018]).
Cheng teaches that the isolation membrane has a higher liquid absorption capacity, higher ionic conductivity and lower thermal shrinkage, and the lithium-ion secondary battery has better safety performance, low-temperature discharge performance, rate performance and room temperature cycle performance (Cheng, [0007])]. Cheng discloses the degree of crosslinking of the functionalized porous crosslinked polymer microspheres may be 10% to 80% (Cheng, [0022]), and the particle size of the functionalized porous cross-linked polymer microspheres may be 0.1 µm to 2 µm, the pore size of the micropores of the microporous membrane may be 0.03 µm to 0.1 µm (Cheng, [0021]).
Modified Kawakami and Cheng are analogous to the current invention as they are all directed towards a lithium secondary battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the isolation membrane of Cheng, which comprises a coating layer comprising of a functionalized porous crosslinked polymer with a degree of crosslinking of 10% to 80%, a particle size of 0.1 µm to 2 µm, and a pore size of 0.03 µm to 0.1 µm, in the lithium secondary battery of modified Kawakami, in order to improve safety performance, low-temperature discharge performance, rate performance and room temperature cycle performance.
Modified Kawakami is silent regarding a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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H represents an original particle height of the organic porous particulate material, and h represents a particle height of the organic porous particulate material that has been pressed for 1 minute under a pressure of 2 Mpa, and
the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200%, wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution.
As demonstrated in Paragraph [0107], Table 1 of the Instant Specification, compressibility S and electrolyte storage capacity F is dependent on particle size, average pore size, crystallinity, and crosslinkability.
Choi discloses a secondary battery comprising of polymethyl methacrylate and polyvinyl alcohol that may have a crystallinity of 15% or more (Choi, [0032]). Choi teaches that when the thermoplastic polymer has a crystallinity within this range, it is possible to more easily acquire positive temperature coefficient (PTC) properties, which exhibits uniform conductivity in the general operating temperature range of a battery and allow for the battery to be operated at a stable State of Charge; thus, it is possible to prevent the occurrence of a thermal runaway phenomenon of the battery (Choi, [0009, 0054]).
Choi and modified Kawakami are analogous to the present invention as they are both directed towards the use of an organic material in a battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the polymethyl methacrylate and polyvinyl alcohol of modified Kawakami to have a crystallinity in the range of 15% or more of Choi in order to prevent the occurrence of a thermal runaway phenomenon of the battery.
With respect to the limitations a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200%, wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution; it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited organic porous particulate material.
Applicant discloses that when the crystallinity reaches 80% (Embodiment 4), the organic porous particulate material exhibits very high mechanical performance, excessive resistance to compression, and a compressibility of less than 50% and the electrolyte storage capacity of the material is merely 50% (see Instant Specification 00111), and compressibility and electrolyte storage capacity is further dependent on Particle Size, Average Pore Size, Crosslinkability, and Crystallinity.
Accordingly, it is reasonably interpreted that Particle Size, Average Pore Size, Crosslinkability, and Crystallinity is critical to the recited compressibility and electrolyte storage capacity such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Modified Kawakami discloses an organic porous particulate (Kawakami, the surface of the negative pole is covered with an organic polymer containing one or more types of elements selected from a group consisting of oxygen, which is exemplified by polyvinyl alcohol, Abstract; polyvinyl alcohol is the first functional coating organic porous particulate material) (Cheng, the coating comprises: functional porous cross-linked polymer microspheres, which can be selected from one or more of methyl methacrylate [0008, 0017-0018]); the Examiner notes methyl methacrylate is the second functional coating organic porous particulate material), comprising a crystallinity in the range of 15% or more (Choi, [0032]).
Modified Kawakami further discloses the degree of crosslinking of the functionalized porous crosslinked polymer microspheres may be 10% to 80% (Cheng, [0022]), and the particle size of the functionalized porous cross-linked polymer microspheres may be 0.1 µm to 2 µm, the pore size of the micropores of the microporous membrane may be 0.03 µm to 0.1 µm (Cheng, [0021]).
It is submitted that the organic materials of the first protective layer and second organic coatings of modified Kawakami of is substantially similar to the instant organic porous particulate such that the organic materials of the first protective layer and second organic coatings of modified Kawkami would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the organic materials of the first protective layer and second organic coatings of modified Lee would inherently possess physical properties, e.g. compressibility and electrolyte storage capacity, such that the organic materials of the first protective layer and second organic coatings of modified Lee would necessarily fulfill the recited limitations, i.e. a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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H represents an original particle height of the organic porous particulate material, and h represents a particle height of the organic porous particulate material that has been pressed for 1 minute under a pressure of 2 Mpa and
the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200%, wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution.
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the claimed organic porous particulate material. The skilled artisan would reasonably find that the disclosed organic material is so similar to the instant organic porous particulate material that the prior art organic material would also exhibit a compressibility S of the organic porous particulate material ranges from 40% to 90%; wherein,
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H represents an original particle height of the organic porous particulate material, and h represents a particle height of the organic porous particulate material that has been pressed for 1 minute under a pressure of 2 Mpa, and
the organic porous particulate material has an electrolyte storage capacity F ranging from 10% to 200%, wherein
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M represents an original weight of the organic porous particulate material, and M1 represents a weight of the organic porous particulate material after infiltration in the electrolytic solution.
Modified Kawakami is silent regarding an inorganic coating is disposed between the separator and the second functional coating.
Zhang discloses a lithium-ion battery comprising of a separator that comprises of a porous substrate, wherein at least one surface of the porous substrate is coated with an inorganic coating, and an organic coating that is coated on the surface of the inorganic matter coating (Zhang, [0008]). Zhang teaches that the inorganic matter coating makes the separator maintain higher thermal stability properties and mechanical properties, which improves the safety performance of the battery (Zhang, [0016]). Zhang further discloses that the organic coating may be polymethyl acrylate (Zhang, [0012]; the Examiner notes that the organic coating layer reads on the second functional coating because the coating may be on both surfaces of the porous substrate, so the organic coating layer may be facing the negative electrode). Zhang discloses that the inorganic matter coating comprises inorganic particles, wherein the inorganic particles are at least one among aluminum oxide. Zhang teaches that the polymethyl acrylate in the matter coating in the separator has a relatively powerful interaction with that of the electrolyte solvent, which endows the organic matter coating with good electrolyte absorbing and swelling capabilities (Zhang, [0017]).
Zhang and modified Kawakami are analogous art as they are both directed towards a separator for a lithium-ion battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the separator of Zhang comprising of a porous substrate coated with an inorganic matter coating coated with an organic matter coating in the lithium-ion battery of modified Lee in order to achieve good electrolyte absorbing, swelling capability, and improved battery safety performance.
Modified Kawakami is silent the inorganic particulate material is one or more selected from magnesium oxide. Kim discloses porous coating layer comprising inorganic particles, such as Al2O3 and MgO (Kim, [0049-0050]). Kim teaches that the inorganic particles improve heat resistance of the porous coating layer (Kim, [0017]).
Modified Kawakami and Kim are analogous to the current invention as they are directed towards a coating layer comprising of polymers.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to recognize that magnesium oxide is an obvious variant to aluminum oxide because they all are suitable to be used in a coating layer due to their ability to contribute heat resistance of the coating layer. In addition, it is a known function of inorganic particles in a coating layer that inorganic particles improve heat resistance of the porous coating layer, so the substitution of the Al2O3 of modified Kawakami for the MgO of Kim as inorganic particles for the porous coating layer would have been predictable, especially since Kim discloses both Al2O3 and MgO as suitable inorganic particles for the porous coating layer (see MPEP 2143 I (B)).
Modified Kawakami is silent regarding the organic porous particulate material is one or more selected from polyborate. Liang discloses an electrode coating comprising of a binder, wherein the binder may be polymethyl methacrylate (PMMA) or a polyborate (Liang, [0058-0059]). Liang teaches that the binder ensures cohesion of the electrode material (Liang, [0058]).
Modified Kawakami and Liang are analogous to the current invention as they are directed towards a coating layer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to recognize that polyborate is an obvious variant to polymethyl methacrylate of modified Kawakami because they all are suitable to be used in an electrode coating due to their ability to ensure cohesion of the electrode material. See MPEP 2144.06 (II).
Modified Kawakami is silent regarding a weight percent of the organic porous particulate material in the first functional coating or the second functional coating ranges from 60% to 90% (Claims 1 and 19).
Li discloses a lithium-ion battery (Li, lithium-ion battery, [0002]) comprising a first functional coating or a second functional coating (Li, boron-containing inorganic polymer coating layer, [0038]), wherein a weight percent of the organic porous particulate material (Li, the boron-containing salt refers to one or more of polyborate, [0028]) in the first functional coating or the second functional coating ranges from 60% to 90% (Li, the mass ratio of boron element in the boron-containing salt solution to the M element in the added M salt solution to be 0.5:1~100:1, [0025]; the disclosed mass ratio of boron element of 0.5:1~100:1 overlaps the claimed range of 60% to 90%). Li teaches that that the surface coating can improve the surface structure stability of the electrode materials and enhance the cycle performance of batteries under high voltage (Li, [0004]).
Modified Kawakami and Li are analogous to the current invention as they are directed towards a coating layer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the polyborate of modified Lee in a mass ratio of 0.5:1~100:1, as taught by Li, in order to improve the surface structure stability of the electrode. In addition, MPEP 2143(C) states:
“The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art.”
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Response to Arguments
Applicant’s arguments, see Remarks, filed 11/11/2025, with respect to the rejection(s) of claim(s) 1- under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lee et al (US 2017/0317352 A1, hereafter Lee) in view of Niu et al. (CN105742613A, hereinafter Niu), Zhang et al. (US 20130236765 A1, hereinafter Zhang), Choi et al. (WO 2019083307 A1, citations from corresponding US 20200295414 A1, hereinafter Choi), Yamamoto et al (US 20190123322Al, hereinafter Yamamoto), Liang et al. (US 20120025149 A1, hereinafter Liang), and Li et al. (CN 105244492 A, hereinafter Li).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/K.N./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752