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
Claim Objections
Claims 1, 5 and 12 are objected to because of the following informalities:
Regarding claim 1, in line 6 of the claim, there is a duplication for the limitation “and being, and being”. Appropriate correction is required.
Regarding claim 5, in line 7 of the claim, after “the first plurality of”, please add --non-parallel--. In line 12 of the claim, please delete “, the ”.
Regarding claim 12, in line 2 of the claim, after “dimensional”, please add --, triply--.
Appropriate correction is required.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Newman et al. (“Newman”, US 20090291368 A1, disclosed in IDS) in view of Duoss et al. (“Duoss”, US 20170104198 A1, disclosed in IDS).
Regarding claim 1, Newman teaches an electrical energy storage apparatus (Newman, Title, Abstract, e.g., three-dimensional battery), comprising:
an interpenetrating, three dimensional structure formed from an ionically conductive solid electrolyte material having a plurality of interpenetrating, non-planar channels (Newman, Figs. 1-3, [0006], [0010], [0065], e.g., the three dimensional battery includes an interpenetrating network of anode and cathode separated by an electrolytic layer that allows the transport of ions between the anode and cathode; forming a thin film layer of an electrolyte (which is being interpreted as ionically conductive solid electrolyte material)), the plurality of interpenetrating, non-planar channels including:
a first plurality of non-planar channels propagating in three non-parallel directions and being filled with an anode material (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode); (as shown in Figs. 1-3, a first plurality of non-planar channels propagating in three non-parallel directions and being filled with an anode material (anode 135)));
a second plurality of non-planar channels propagating in three non-parallel directions and being adjacent the first plurality of channels and interpenetrating the first plurality of non-planar channels, and being filled with a cathode material (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes a cathode 140 (e.g., positive electrode); (as shown in Figs. 1-3, a second plurality of non-planar channels propagating in three non-parallel directions and being adjacent the first plurality of channels and interpenetrating the first plurality of non-planar channels, and being filled with a cathode material (cathode 140)));
a third plurality of non-planar channels adjacent, and interpenetrating, one of the first and second pluralities of non-planar channels and filled with a material to form a separator, and extending in three non-parallel directions (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes a separator layer 145; (as shown in Figs. 1-3, a third plurality of non-planar channels adjacent, and interpenetrating, one of the first and second pluralities of non-planar channels and filled with a material to form a separator (separator layer 145), and extending in three non-parallel directions)); and
the first, second and third non-planar channels forming a spatially dense, three dimensional structure (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode), a cathode 140 (e.g., positive electrode), a separator layer 145; (as shown in Figs. 1-3, the first, second and third non-planar channels forming a spatially dense, three dimensional structure));
a first non-flat current collector layer in communication with the first plurality of non-planar channels, and forming a first electrode (Newman, Figs. 1-3, [0039], [0040], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode), a cathode 140 (e.g., positive electrode), a separator layer 145, an anode current collector 150 (e.g., negative current collector), and a cathode current collector 155 (e.g., positive electrode current collector); the anode 135 includes a carbon foam base (e.g., porous carbon foam base) and an anode current collector 150 is bonded to and in electrical communication with a first region of the base; (as shown in Fig. 1, a first non-flat current collector layer (150) in communication with the first plurality of non-planar channels, and forming a first electrode)); and
a second non-flat current collector layer in communication with the second plurality of non- planar channels and forming a second electrode (Newman, Figs. 1-3, [0039], [0047], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode), a cathode 140 (e.g., positive electrode), a separator layer 145, an anode current collector 150 (e.g., negative current collector), and a cathode current collector 155 (e.g., positive electrode current collector); a cathode current collector 155 can be bonded to and in electrical communication with a second region of the anode 135 (e.g., three-dimensional porous carbon foam base); (as shown in Fig. 1, a second non-flat current collector layer (155) in communication with the second plurality of non- planar channels and forming a second electrode)).
Newman does not teach the interpenetrating, three dimensional structure is an interpenetrating, three dimensional, triply periodic structure; and the first, second and third non-planar channels forming a spatially dense, three dimensional structure which propagates in a triply periodic fashion.
However, in the same field of endeavor, Duoss teaches a battery having an interpenetrating, three dimensional, triply periodic structure in a shape of gyroid (which is an interpenetrating, three dimensional, triply periodic structure having a triply periodic configuration as shown in Fig. 2; also defined by current application’s claim 4, Figure 1 of the Drawing, and Specification [0015] and [0043] (e.g., triply periodic structures such as gyroids)) (Duoss, Title, Abstract, Fig. 2, [0052], [0064]-[0067], claim 5, e.g., model 200 shown in FIG. 2 has a gyroid shape with a matrix of anode micro-channels and a matrix of anode micro-channels that are interwoven to provide an interpenetrating network of anode and cathode materials; model 200 having a gyroid shape provides high surface areas and small transport distances; separator has a gyroid structure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an interpenetrating, three dimensional, triply periodic structure; and the first, second and third non-planar channels forming a spatially dense, three dimensional structure which propagates in a triply periodic fashion, for the purpose of providing high surface areas and small transport distances (Duoss, [0064]).
Regarding claim 2, Newman teaches wherein the anode material includes an electrically conductive filler material which is expected to be cable of improve electrical conductivity of the anode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112) (Newman, Figs. 1-3, [0013], [0043], e.g., a three-dimensional battery can include a porous anode foam base that includes at least one of carbon, graphite, metallic lithium, a lithium alloy, aluminum, indium, tin, antimony, lead, silicon, lithium nitride, Li2.6Cu0.4N, Li4.4Si, or lithium titanate (one of which is being interpreted as filler and is expected to be cable of improve electrical conductivity of the anode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112))).
Regarding claim 3, Newman teaches wherein the cathode material includes an electrically conductive filler material which is expected to be cable of improve electrical conductivity of the cathode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112) (Newman, Figs. 1-3, [0046], e.g., cathode layer can include carbon black (which is being interpreted as filler and is expected to be cable of improve electrical conductivity of the cathode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112)) in the case of constructing three dimensional cell, the cathode is made of at least one of lithium cobalt oxide, lithium nickel oxide, lithium manganese oxide, lithium iron phosphate, lithium cobalt phosphate, lithium manganese phosphate, lithium nickel phosphate, vanadium oxide, titanium disulfide, molybdenum disulfide, or any combination thereof (one of which may also be interpreted as filler and is expected to be cable of improve electrical conductivity of the cathode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112))).
Regarding claim 4, Newman teaches the apparatus of claim 1 as disclosed above. Newman does not teach wherein the interpenetrating, three dimensional triply periodic structure comprises one of: a gyroid; a double gyroid; a Schwartz surface; kelvin foam; an octet truss; a kagome lattice; a Neovius surface; an N14 Surface; an N26 Surface; an N38 Surface; a Diamond surface; and a Double Diamond surface.
However, in the same field of endeavor, Duoss teaches a battery having an interpenetrating, three dimensional, triply periodic structure in a shape of gyroid (which is an interpenetrating, three dimensional, triply periodic structure having a triply periodic configuration as shown in Fig. 2; also defined by current application’s claim 4, Figure 1 of the Drawing, and Specification [0015] and [0043] (e.g., triply periodic structures such as gyroids)) (Duoss, Title, Abstract, Fig. 2, [0052], [0064]-[0067], claim 5, e.g., model 200 shown in FIG. 2 has a gyroid shape with a matrix of anode micro-channels and a matrix of anode micro-channels that are interwoven to provide an interpenetrating network of anode and cathode materials; model 200 having a gyroid shape provides high surface areas and small transport distances; separator has a gyroid structure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the interpenetrating, three dimensional triply periodic structure comprises a gyroid, for the purpose of providing high surface areas and small transport distances (Duoss, [0064]).
Regarding claim 5, Newman teaches an electrical energy storage apparatus (Newman, Title, Abstract, e.g., three-dimensional battery), comprising:
an interpenetrating, three dimensional periodic structure formed from an ionically conductive solid electrolyte material having a plurality of interpenetrating, non-planar channels which propagate periodically in three non-parallel directions (Newman, Figs. 1-3, [0006], [0010], [0065], [0045], e.g., the three dimensional battery includes an interpenetrating network of anode and cathode separated by an electrolytic layer that allows the transport of ions between the anode and cathode; forming a thin film layer of an electrolyte (which is being interpreted as ionically conductive solid electrolyte material); the separator layer 145 can include a layer of polyphenyl oxide (PPO); the separator layer 145 can include an electrolyte layer or liquid electrolyte such as organic carbonates with various salts; ionic pathway can be formed by soaking PPO layer in organic carbonate electrolyte; (as shown in Figs. 1-3, an interpenetrating, three dimensional periodic structure formed from an ionically conductive solid electrolyte material having a plurality of interpenetrating, non-planar channels which propagate periodically in three non-parallel directions), the plurality of interpenetrating, non-planar channels including:
a first plurality of non-parallel channels of an anode material (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode); (as shown in Fig. 1, a first plurality of non-parallel channels of an anode material (anode 135)));
a second plurality of non-parallel channels adjacent the first plurality of channels and interpenetrating the first plurality of non-parallel channels, and being of a cathode material (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes a cathode 140 (e.g., positive electrode); (as shown in Fig1, a second plurality of non-parallel channels adjacent the first plurality of channels and interpenetrating the first plurality of non-parallel channels, and being of a cathode material (cathode 140)));
a third plurality of non-parallel channels adjacent, and interpenetrating, one of the first and second pluralities of non-parallel channels and being of a material to form a separator (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes a separator layer 145; (as shown in Fig. 1, a third plurality of non-parallel channels adjacent, and interpenetrating, one of the first and second pluralities of non-parallel channels and being of a material to form a separator (separator layer 145))); and
a first current collector layer in communication with the first plurality of channels, and forming a first electrode (Newman, Figs. 1-3, [0039], [0040], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode), a cathode 140 (e.g., positive electrode), a separator layer 145, an anode current collector 150 (e.g., negative current collector), and a cathode current collector 155 (e.g., positive electrode current collector); the anode 135 includes a carbon foam base (e.g., porous carbon foam base) and an anode current collector 150 is bonded to and in electrical communication with a first region of the base; (as shown in Fig. 1, a first current collector layer (150) in communication with the first plurality of channels, and forming a first electrode));
a second current collector layer in communication with the second non-planar channel and forming a second electrode (Newman, Figs. 1-3, [0039], [0047], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode), a cathode 140 (e.g., positive electrode), a separator layer 145, an anode current collector 150 (e.g., negative current collector), and a cathode current collector 155 (e.g., positive electrode current collector); a cathode current collector 155 can be bonded to and in electrical communication with a second region of the anode 135 (e.g., three-dimensional porous carbon foam base); (as shown in Fig. 1, a second current collector layer (155) in communication with the second non-planar channel and forming a second electrode)).
Newman does not teach the interpenetrating, three dimensional, periodic structure is an interpenetrating, three dimensional, triply periodic structure; and wherein the interpenetrating, three dimensional triply periodic structure comprises one of: a gyroid; a double gyroid; a Schwartz surface; kelvin foam; an octet truss; a kagome lattice; a Neovius surface; an N14 Surface; an N26 Surface; an N38 Surface; a Diamond surface; and a Double Diamond surface.
However, in the same field of endeavor, Duoss teaches a battery having an interpenetrating, three dimensional, triply periodic structure in a shape of gyroid (which is an interpenetrating, three dimensional, triply periodic structure having a triply periodic configuration as shown in Fig. 2; also defined by current application’s claim 4, Figure 1 of the Drawing, and Specification [0015] and [0043] (e.g., triply periodic structures such as gyroids)) (Duoss, Title, Abstract, Fig. 2, [0052], [0064]-[0067], claim 5, e.g., model 200 shown in FIG. 2 has a gyroid shape with a matrix of anode micro-channels and a matrix of anode micro-channels that are interwoven to provide an interpenetrating network of anode and cathode materials; model 200 having a gyroid shape provides high surface areas and small transport distances; separator has a gyroid structure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an interpenetrating, three dimensional, triply periodic structure; and wherein the interpenetrating, three dimensional triply periodic structure comprises a gyroid, for the purpose of providing high surface areas and small transport distances (Duoss, [0064]).
Regarding claim 6, Newman teaches wherein each one of the first plurality of channels is filled with the anode material (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode); (as shown in Fig. 1, each one of the first plurality of channels is filled with the anode material (anode 135))).
Regarding claim 7, Newman teaches wherein the anode material includes an electrically conductive filler material and is expected to be cable of improve electrical conductivity of the anode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112) (Newman, Figs. 1-3, [0013], [0043], e.g., a three-dimensional battery can include a porous anode foam base that includes at least one of carbon, graphite, metallic lithium, a lithium alloy, aluminum, indium, tin, antimony, lead, silicon, lithium nitride, Li2.6Cu0.4N, Li4.4Si, or lithium titanate (one of which is being interpreted as filler and is expected to be cable of improve electrical conductivity of the anode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112))).
Regarding claim 8, Newman teaches wherein each one of the second plurality of channels is filled with the cathode material (Newman, Figs. 1-3, [0039], e.g., the three dimensional battery cell 130 includes a cathode 140 (e.g., positive electrode); (as shown in Fig. 1, each one of the second plurality of channels is filled with the cathode material (cathode 140))).
Regarding claim 9, Newman teaches wherein the cathode material includes an electrically conductive filler material is expected to be cable of improve electrical conductivity of the cathode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112) (Newman, Figs. 1-3, [0046], e.g., cathode layer can include carbon black (which is being interpreted as filler and is expected to be cable of improve electrical conductivity of the cathode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112)) in the case of constructing three dimensional cell, the cathode is made of at least one of lithium cobalt oxide, lithium nickel oxide, lithium manganese oxide, lithium iron phosphate, lithium cobalt phosphate, lithium manganese phosphate, lithium nickel phosphate, vanadium oxide, titanium disulfide, molybdenum disulfide, or any combination thereof (one of which may also be interpreted as filler and is expected to be cable of improve electrical conductivity of the cathode material; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112))).
Regarding claim 10, Newman teaches wherein the first current collector layer comprises a non-flat current collector layer (Newman, Figs. 1-3, [0039], [0040], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode), a cathode 140 (e.g., positive electrode), a separator layer 145, an anode current collector 150 (e.g., negative current collector), and a cathode current collector 155 (e.g., positive electrode current collector); the anode 135 includes a carbon foam base (e.g., porous carbon foam base) and an anode current collector 150 is bonded to and in electrical communication with a first region of the base; (as shown in Fig. 1, the first current collector layer (150) comprises a non-flat current collector layer)).
Regarding claim 11, Newman teaches wherein the second current collector layer comprises a non-flat current collector layer (Newman, Figs. 1-3, [0039], [0047], e.g., the three dimensional battery cell 130 includes an anode 135 (e.g., negative electrode), a cathode 140 (e.g., positive electrode), a separator layer 145, an anode current collector 150 (e.g., negative current collector), and a cathode current collector 155 (e.g., positive electrode current collector); a cathode current collector 155 can be bonded to and in electrical communication with a second region of the anode 135 (e.g., three-dimensional porous carbon foam base); (as shown in Fig. 1, the second current collector layer (155) comprises a non-flat current collector layer)).
Regarding claim 12, Newman in view of Duoss teaches the apparatus comprising the interpenetrating, three dimensional periodic structure as disclosed in claim 5 above.
Claim 12 is considered product-by-process claim. Newman in view of Duoss teaches all of the positively recited structure of the claimed apparatus. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of Newman in view of Duoss, the claim is unpatentable even though the prior product was made by a different process. (see MPEP § 2113).
Claim 12 as written does not distinguish the product of the instant application from the product of Newman in view of Duoss.
Response to Arguments
Applicant's arguments filed 02/03/2026 have been fully considered but they are not persuasive.
Applicant argues that “Duoss does not appear to be a "triply periodic" structure. Put differently, the features of Duoss do not appear to propagate periodically in three non-parallel directions, and there does not appear to be any suggestion in Duoss that this is the case.” (Remarks, Page 13).
Applicant’s argument is not persuasive.
Duoss teaches a battery having an interpenetrating, three dimensional, triply periodic structure in a shape of gyroid (which is an interpenetrating, three dimensional, triply periodic structure having a triply periodic configuration as shown in Fig. 2; also defined by current application’s claim 4, Figure 1 of the Drawing, and Specification [0015] and [0043] (e.g., triply periodic structures such as gyroids)) (Duoss, Title, Abstract, Fig. 2, [0052], [0064]-[0067], claim 5, e.g., model 200 shown in FIG. 2 has a gyroid shape with a matrix of anode micro-channels and a matrix of anode micro-channels that are interwoven to provide an interpenetrating network of anode and cathode materials; model 200 having a gyroid shape provides high surface areas and small transport distances; separator has a gyroid structure).
The rest of applicant’s arguments have been considered but are moot because the arguments do not apply to a new ground(s) of rejection.
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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/HAIXIA ZHANG/Primary Examiner, Art Unit 1723
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