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 .
The Applicant has amended independent claim 1 and canceled claims 2, 4, 8, 12, 16, 18, 22, 26; withdrawn claims 15, 17, 19-21; 23-25, 27, 28. The pending claims are claims 1, 3, 5-7, 9-11, 13, 14.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/14/2025 has been entered.
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.
Claim(s) 1, 3, 5-7, 9-11, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feaver et al., US 2019/0097222.
Regarding claim 1, Feaver et al., teaches a battery electrode (abstract; 0005), the electrode comprising:
an electrode coating layer on a current collector, the electrode coating layer comprising micron-sized silicon particles (0137; 0236), an aqueous-based polymer (0263), and one or more additional components (0263); wherein said additional components comprise pH modifiers (0229), strengthening additives, surfactants (0229); wherein the aqueous-based polymer comprises a polyimide or polyamideimide (0448);
wherein the micron-sized silicon particles have a median particle size (0330-0331; 5 to 15 microns) are between about 5 um (0137; 0331) and about 20 um (0137; 0294-0295);
electrode coating layer is pyrolyzed by heating to 350 to 550 deg. C (0265; 0269) and 950 deg. C (0449); and
wherein current collector is a metal foil (0447) and electrode coating layer is coated on the metal foil (0447).
Although Feaver et al., does not recite “directly” coating the metal foil, it does teach coating the foil (0447); it does not teach another layer inbetween the foil and the electrode coating; thus, it would be obvious that the electrode coating would be coated directly on the metal foil.
Regarding the amendment, “micron-sized silicon particles have a median particle size between about 5 um and about 20 um”, the amount of silicon in Feaver appears to have a similar sized silicon particles in a similar amount or range (0330-0331).
Feaver et al., teaches one or more additional component comprises one or more viscosity (thickness) modifiers (0373; 0431); and the viscosity modifier comprises a complexing amine (methyldiethanolamine) (0194) or (triethanolamine (0194).
Regarding claim 3, Feaver et al., teaches aqueous-based polymer is pyrolyzed into carbon during making of the electrode (0040; 0068) and has a carbon yield upon pyrolysis of greater than about 30% (about 50%) (0212).
Regarding claim 5, Feaver et al., teaches one or more additional component comprises one or more pH modifiers (0229).
Regarding claim 6, Feaver et al., teaches pH modifiers (0229) are acidic pH modifiers (0229).
Regarding claim 7, Feaver et al., teaches pH modifiers (0229) are basic pH modifiers (0229).
Regarding claim 9, Feaver et al., teaches said one or more additional component comprises one or more strengthening additives (0274; 0290; 0325; 0426).
Regarding claim 10, Feaver et al., teaches one or more additional component comprises one or more surfactants (0229).
Regarding claim 11, Feaver et al., does not teach said additional components when present comprise the amounts of: less than about 50% pH modifier, less than about 30% strengthening additive, less than about 50% viscosity modifier, less than about 10% surfactant, less than about 10% anti-foaming agent.
However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). It is within the skill of one of ordinary skill in the art to determine, through routine experimentation, the appropriate ranges of each of the additives in order to improve the electrochemical properties of the battery.
Regarding claim 13, Feaver et al., teaches the electrode is in electrical and physical contact with an electrolyte, the electrolyte comprising a liquid (0423), solid (0298).
Regarding claim 14, Feaver et al., teaches the battery electrode is in a lithium ion battery (0001; 0005; 0041; 0157).
Response to Arguments
Applicant's arguments filed 4/14/2025 have been fully considered but they are not persuasive. The Applicant argues that “Feaver does not teach or suggest the specifically claimed micron-sized silicon particles, where micron-sized silicon particles are between about 5 um and about 20 um.”
However, Feaver teaches micron-sized silicon particles have a median particle size (0330-0331; 5 to 15 microns) are between about 5 um (0137; 0331) and about 20 um (0137; 0294-0295).
Applicant has amended claim 1 to require that the polymer comprises a polyimide or polyamideimide.
Feaver teaches polyimide and polyamideimide as seen in paragraph (0048) and the imides are in physical contact of electrodes in a container made of polyamide.
The Applicant argues that Feaver “discusses the composite material comprising a porous silicon material and not a silicon particle alone.
However, Feaver teaches silicon particles throughout the reference (for example: 0016-0022; 0454).
Applicant argues that “the electrode coating layer being pyrolyzed by heating to 500-1000 deg C further differentiates from Feaver.”
However, “pyrolyzed by heating” in the battery electrode claim is a product-by-process, although Feaver teaches pyrolization of electrode active material (0266; 0269; 0449).
Applicant argues that Feaver teaches “that their porous silicon material may include various surface treatment or properties .” However, “surface treatment” is not recited in Feaver. However, Feaver teaches an “etched silicon surface to provide a silicon oxide surface layer.” (0135).
Applicant argues that “Feaver describes electrodes created using their composite material and does not teach or suggest the claimed electrode coating layer.”
However, the composite in Feaver is part of the electrode material (0447; 0449).
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727