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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 1/15/26. All previously pending claims have been canceled and new claims 23-26 have been presented.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/15/26 has been entered.
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 3/12/25 is acknowledged. New claims 23-26 are directed toward a battery comprising an anode passivation slurry.
Claims Analysis
Claim 23 recites “wherein the non-ionic polymer comprises at least one of polyvinyl alcohol, polyquaternium, and polyvinylpyrrolidone”, which further limits the method limitations of the product claim. The claim is directed to a battery comprising an anode coating dried from an anode passivation slurry. The method claims, Group I, have been withdrawn.
The present specification teaches:
[0022] Non-ionic polymers are added during the synthesis of IL@Cu-MOF. Non-ionic polymers can disperse IL@Cu-MOF particles, control particle size, and control the size of pores, thus the anions of the ionic liquid and the lithium salt may have enough steric space to smoothly enter the pores in the IL@Cu-MOF. The IL@Cu-MOF filled with anions forms a continuous channel with electric dipole effect on lithium ions. The attraction of this electric dipole effect promotes the rapid transfer of lithium ions in the continuous channel, homogenizing the conduction concentration of lithium ions, and increasing the ionic conductivity, thereby inhibiting the formation of lithium dendrites. In addition, the high stress of the anode coating formed by drying the anode passivation slurry prepared from the IL@Cu-MOF and the polymer material can reduce the damage of lithium dendrites to the battery structure, reduce the risk of lithium dendrites penetration in batteries, and improve the cycle life of battery.
[0023] In some embodiments, the non-ionic polymer includes at least one of polyvinyl alcohol (PVA), polyquaternium, and polyvinylpyrrolidone (PVP). Non-ionic polymers can limit and homogenize the particle size of IL@Cu-MOF during the synthesis of IL@Cu-MOF. In addition, the non-ionic polymer does not participate in the reaction in the synthesis of IL@Cu-MOF, but forms a micelle encapsulation in the first solvent, which is then filled into the IL@Cu-MOF. The non-ionic polymer can be removed during washing process, leaving behind the hierarchical nanopores created by the micelle encapsulation. Therefore, the IL@Cu-MOF described in this application is a hierarchically porous IL@Cu-MOF (HP-IL@Cu-MOF). The pores accommodate anions to form microchannels which can produce an electric dipole effect on lithium ions, thereby homogenizing the diffusion rate and concentration of lithium ions.
The specification discloses the non-ionic polymer disperses the IL@Cu-MOF, does not participate in the reaction in the synthesis of IL@Cu-MOF and is removed via a washing process. Thus, the non-ionic polymer is not present in the presently claimed battery including the anode passivation slurry comprising an ionic liquid impregnated copper based metal-organic frameworks, a second lithium salt, a polymer material and a remainder of a second solvent. Thus, the non-ionic polymer is not given patentable weight as the limitation is a product-by-process limitation. See MPEP 2113.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 23-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant argues support for new claims 23-26 can at least be found at original claims 12 and 16-19 and paragraph [0052] in the original application. Examiner disagrees. The specification does not support a battery comprising a cathode electrode, a separator, an electrolyte and an anode electrode wherein the anode electrode comprises an anode coating as recite by at least claim 23.
Applicant then submits that it is “well known in the technical fields of lithium batteries, a lithium battery generally includes a cathode electrode, a separator and an electrolyte, and an anode electrode. Although the present application does not provide a detail description about the cathode electrode, the separator, and the electrolyte, it is widely understood in the field the basic structure of such battery. For example, the separator is located between the anode electrode and the cathode electrode, and electrolyte is filled inside the battery to infiltrate the anode electrode and the cathode electrode. No new matter is added”.
First, the claims do not recite “a lithium battery”, thus, the argument provided by Applicant is not commensurate in scope with the claimed invention. Second, it is well known in the art that lithium batteries may contain a solid electrolyte, gel electrolyte or a liquid electrolyte. A solid or gel electrolyte is known to also function as a battery separator. The specification does to describe the claimed battery structure in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor had possession of the claimed invention. Specifically, the specification does not teach the battery comprises a separator and an anode coating (formed from the anode passivation slurry). See also [0015-0020] of the present specification. Furthermore, [0033] discloses known lithium salts for battery electrolytes that conduct lithium ions. [0035] discloses the polymer material may also regulate the viscosity of the anode passivation slurry. [0039] describes an anode interface of batteries. [0040] teaches a gel. [0049] teaches the anode passivation slurry is coated on surface of active material layer of an anode electrode. [0052-0053] discusses an “anode-free half-cell” and “half-cell”. [0054] recites “the half-cell coated with the anode passivation slurry”. [0055] discusses lithium ion conductivity and reducing damage caused by lithium dendrites to the battery structure. No where does the specification teach the battery structure of new claim 23 wherein the battery comprising a cathode electrode, a separator, an electrolyte and an anode electrode wherein the anode electrode comprises an anode coating.
To the extent the claims are interpreted in view of the claims analysis and 35 USC 112 rejection above, note the following prior art rejections.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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) 23 is/are rejected under 35 U.S.C. 102(a)(1)/103 as being anticipated by, and alternatively unpatentable over, Yuan et al., CN 111180791 A.
Yuan teaches a preparation method and application of a composite solid electrolyte based on a metal organic framework/ionic liquid. The preparation method comprises the following steps: preparing a novel composite filler based on a metal organic framework/ionic liquid, uniformly stirring the composite filler, a polymer matrix and a lithium salt in an organic solvent, pouring the mixture on a template, and carrying out blade coating to form a film, thereby obtaining the composite solid electrolyte. The preparation method has the advantages that the ionic conductivity of the solid-state electrolyte can be effectively improved, and the lithium dendritic crystal inhibition capability is improved; and in an assembled all-solid-state lithium battery, relatively good long cycle performance and rate capability are shown, wide production and application of the all-solid-state battery are facilitated, and the all-solid-state battery has a wide application prospect (abstract).
A preparation method based on a metal organic framework/ionic liquid composite solid electrolyte includes the following steps:
Step 1: Dissolve the metal salt and the organic ligand in the organic solvent, continue to stir, and after a period of reaction, separate, wash and dry to obtain the metal organic framework material; wherein the metal salt is copper, nickel, cobalt, manganese and zirconium It is composed of one of nitrate, acetate and sulfate; the organic ligand is one of imidazole, methylimidazole, 2-methylimidazole, terephthalic acid and trimesic acid; the organic solvent is methanol , Ethanol, acetone and one of N,N-dimethylformamide, and the molar ratio of metal salt: organic ligand: organic solvent is 1:0.3-2:500-1000;
Step 2: Stir and mix the lithium salt and the ionic liquid uniformly to obtain a lithium-containing ionic liquid; wherein the lithium salt is lithium perchlorate, lithium hexafluorophosphate, lithium tetrafluoroborate, lithium dioxalate, lithium trifluoromethanesulfonate and One of lithium bis(trifluoromethylsulfonic acid) imide; the anion in the ionic liquid is the same as the anion of the above lithium salt, and the cation is imidazole, including 1-ethyl-3-methylimidazole, 1-propyl- One of 3-methylimidazole and 1-butyl-3-methylimidazole, and the molar ratio of the lithium salt to the ionic liquid is 1:3 to 5;
Step 3: Use the adsorption characteristics of the metal organic frame material to pour the prepared lithium-containing ionic liquid into the pores of the metal organic frame material to obtain a new type of metal organic frame/ionic liquid-based composite filler; among them, the metal organic frame The mass ratio of material to lithium ion liquid is 1: 1～4;
Step 4: Ultrasonic disperse the prepared new composite filler in an organic solvent, then add the polymer matrix and lithium salt to it, stir evenly to form a sol, and then pour the sol on the polytetrafluoroethylene plate, glass plate or stainless steel plate On the mold, a film is formed by knife coating to obtain a composite solid electrolyte; wherein the organic solvent is one of acetone, acetonitrile, N,N-dimethylformamide and N-methylpyrrolidone; the polymer matrix is Polyoxyethylene, polyvinylidene fluoride, polyacrylonitrile, polypropylene carbonate, polyvinyl carbonate, polybutylene carbonate, poly(propylene carbonate)-poly(cyclohexene carbonate) copolymer, polycyclohexene carbonate One of alkene; lithium salt is one of lithium perchlorate, lithium hexafluorophosphate, lithium tetrafluoroborate, lithium dioxalate, lithium trifluoromethanesulfonate and lithium bis(trifluoromethanesulfonic acid) imide And the mass ratio of lithium salt: polymer matrix: new composite filler: organic solvent is 1: 2～4: 0.1～2: 40～100 (summary of invention). See also the examples.
Thus, the claims are anticipated. The claims are alternatively unpatentable. At least claim 23 recites process limitations that have not been given patentable weight. Product-by-process limitations, in the absence of unexpected results, are not given patentable weight. MPEP 2113. Yuan teaches the claimed anode passivation slurry. See also page 3 of the translation of Yun that teaches assembling an iron phosphate lithium battery.
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) 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al., CN 111180791 A.
See discussion of Yuan above regarding at least claim 23. Yuan does not explicitly recite the particle size of the novel composite filler and/or the size of the plurality of pores of the novel composite filler. However, Yuan at least suggests the claimed particle size of the novel composite filler and/or the size of the plurality of pores of the novel composite filler. Figure 1 shows a scanning electron microscope image and a transmission electron microscope image of the novel composite filler. The novel composite filler has a particle size less than 1 mm. The novel composite filler has pores sizes of about 1mm. One of skill in the art would have found Figure 1 of Yuan to at least suggest pending claims 24 and/or pending claims 26. The solid state battery includes a cathode, an anode and the novel composite solid electrolyte between the cathode and the anode. It was well known in the art that a cathode generally includes a positive current collector and a positive active material layer on a surface of the positive current collector. It was well known in the art that an anode generally includes a negative current collector and a negative active material layer on a surface of the negative current collector. Regarding claim 25, one of skill would have found the claimed specific surface area of the ionic liquid impregnated copper-based metal-organic frameworks obvious in view of the teachings of Yuan. See at least Figure 1 of Yuan. One of skill would have found materials with similar particle sizes and pores sizes to further have similar specific surface areas.
Response to Arguments
Applicant's arguments filed 1/15/26 have been fully considered but they are not persuasive. Applicant arguments the claims do not contain new matter are not persuasive and have been addressed above.
Applicant argues Yuan does not teach the metal organic framework and the ionic liquid are in the anode electrode. However, this argument is not commensurate in scope with the claimed invention. The claimed invention requires the anode coating to be disposed on a surface of the negative electrode active material layer. Yuan teaches the metal organic framework/ionic liquid are disposed on a surface of the negative electrode active material layer. Applicant has not provided any evidence the anode coating does not function as an electrolyte. The anode coating includes lithium salts and a solvent that are known battery electrolyte materials that conduct lithium ions (function of a lithium battery electrolyte).
Applicant argues the position of the metal organic framework in Yuan is totally different from the position of the ionic liquid impregnated copper-based metal-organic frameworks in claim 23. Examiner disagrees. Both Yuan and the claimed invention recite the ionic liquid impregnated copper-based metal-organic frameworks is positioned on a surface of the negative electrode.
Applicant argues the metal organic framework/ionic liquid composite of Yuan is made by a different method than that of product-by-process claim 23. Specifically, Applicant argued the claimed non-ionic polymer, as amended, is different from the organic ligand of Yuan. However, this argument is not found persuasive for the reasons discussed above. See claims analysis section. Yuan teaches and suggests the presently claimed anode passivation slurry comprising an ionic liquid impregnated copper based metal-organic frameworks, a second lithium salt, a polymer material and a remainder is a second solvent. Furthermore, Yuan at least suggests the particle size of the ionic liquid impregnated copper-based metal-organic frameworks. Examiner notes [0023] recites “can”, thus, the cited section of the specification imparts no inherent structure to the claimed battery. Furthermore, Yuan teaches the preparation method has the advantages that the ionic conductivity of the solid-state electrolyte can be effectively improved and the lithium dendritic crystal inhibition capability is improved.
Applicant asserts the battery of Yuan is “without a separator”. Examiner disagrees. The solid electrolyte of Yuan functions as a battery separator as the solid electrolyte separates the positive electrode and the negative electrode of the battery disclosed by Yuan. Furthermore, the claims have been rejected as containing new matter. The specification does not describe a battery comprising a cathode, a separator, an electrolyte, an anode and an anode coating. Applicant argues the “type of battery” in Yuan is totally different from the “type of battery” recited in claim 23. It is unclear how Applicant reaches this conclusion as Yuan teaches a lithium battery.
Conclusion
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/TRACY M DOVE/ Primary Examiner, Art Unit 1725