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 .
Claim Status
Claims 1, 3, 5, 8, 10-13, 16 and 22 are under examination.
Claims 6-7, 14-15, 17-21 are withdrawn.
Claims 2, 4, and 9 is canceled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation "The protective material according to claim 2" in Line 1. There is insufficient antecedent basis for this limitation in the claim. The examiner will interpret the claim as dependent from claim 1.
Claim Rejections - 35 USC § 103
Claims 1, 3, 5, 8, 10-13, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. PGPub US 2019/0198865 (A1)), hereinafter Kim, in view of He et al. (U.S. PGPub US 2019/0393487 (A1) with Prior Filing Date of September 6th, 2018), hereinafter He.
Regarding claims 1 and 8, Kim discloses a protective material for a negative electrode of a lithium metal battery (Abstract, [0010], [0012], [0028], [0030], [0063]-[0071], Fig. 1), the protective material comprising: a first protective layer, wherein the first protective layer consisting essentially of Li3PO4 (i.e., at least inorganic protection layer ref. 12 may include lithium phosphate (Li3PO4) as disclosed in [0066], etc., which at least encompasses a first protective layer consisting essentially of Li3PO4);
and a second protective layer adjacent to the first protective layer (i.e., at least as disclosed in [0076] whereby an electrolyte may have a single layer structure or a multi-layer structure, etc., such as a second solid electrolyte layer ref. 24e as disclosed in [0083], such that the skilled artisan would appreciate that said solid electrolyte layer is at least a second protective layer, lacking any further structural and/or chemical distinction thereof, also see Figs. 2F-H and [0081]-[0083] with regards to layer(s) adjacent to the first protective layer, etc.),
wherein the first protective layer is contiguous to a lithium metal (i.e., at least as disclosed in [0060] the second anode layer ref. 11b may include lithium metal, etc., also see Fig. 1, Fig. 3B-C, whereby as disclosed in [0063] referring to Fig. 1, the inorganic protection layer ref. 12 is substantially a pin-hole-free layer, etc., such that said layer is at least contiguous to a lithium metal so as to be adjacent and a pin-hole-free layer as shown in at least Fig. 1, etc., also see [0064]-[0066]).
With regards to claim 8, Since Kim discloses the protective material for the negative electrode of a lithium metal battery as discussed above, and further discloses in [0028] an anode includes a second anode layer disposed on the first anode layer; and an inorganic protection layer disposed on the second anode layer, etc., the claim is met, such that this at least provides a negative electrode (i.e., anode) comprising said protective material, etc., lacking any further distinction thereof (also see [0030], with regards to negative electrode (i.e., anode), etc.).
However, Kim is silent as to the second protective layer comprises at least one of an organic material or an organic-inorganic composite, and wherein the second protective layer is provided as a coating on the first protective layer.
He teaches a lithium metal secondary battery containing a protected lithium anode (Title). He further teaches in [0063] Fig. 2 is a schematic of a presently invented lithium metal battery cell containing an anode layer (a thin Li foil, etc.), a lithium ion-conducting material-based 1st anode-protecting layer, an elastomer-based 2nd anode-protecting layer, etc., which at least provides a second protective layer adjacent to the first protective layer (i.e., at least second protective layer is adjacent to the first protective layer as shown in Fig. 2, etc., also see Abstract, [0014]-[0015], [0020]-[0025], [0031], [0047], [0054], Fig. 2, [0063], [0070]), lacking any further chemical and/or structural distinction thereof as to said second protective layer.
He further teaches in [0033] in one or more embodiments, the elastomer in the second anode-protecting layer may form a mixture, blend, etc., with a lithium-ion conducting polymer selected from polydimethylsiloxane, etc., which at least provides the organic material comprises polydimethylsiloxane (PDMS), (also see [0124]).
He further teaches in [0015] a second anode-protecting layer may be conducted by depositing a layer of an elastomer (as discussed above) onto one primary surface of the first protective layer that in turn covers the anode active material layer, etc., which at least provides the second protective layer is provided as a coating on the first protective layer, lacking any further distinction thereof.
He further teaches in [0061] the two anode-protecting layers implemented between the anode active layer and the separator (or the electrolyte) is mainly for the purpose of reducing or eliminating the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the second protective layer comprises at least one of an organic material or an organic-inorganic composite, and the second protective layer is provided as a coating on the first protective layer as taught by He so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Regarding claim 3 and 10, He discloses the protective material as discussed above in claim 2 and the negative electrode as discussed above in claim 9. However, Kim is silent as to the organic material comprises polydimethylsiloxane (PDMS).
He teaches a lithium metal secondary battery containing a protected lithium anode (Title). He further teaches in [0063] Fig. 2 is a schematic of a presently invented lithium metal battery cell containing an anode layer (a thin Li foil, etc.), a lithium ion-conducting material-based 1st anode-protecting layer, an elastomer-based 2nd anode-protecting layer, etc., which at least provides a second protective layer adjacent to the first protective layer (i.e., at least second protective layer is adjacent to the first protective layer as shown in Fig. 2, etc., also see Abstract, [0014]-[0015], [0020]-[0025], [0031], [0047], [0054], Fig. 2, [0063], [0070]), lacking any further chemical and/or structural distinction thereof as to said second protective layer.
He further teaches in [0033] in one or more embodiments, the elastomer in the second anode-protecting layer may form a mixture, blend, etc., with a lithium-ion conducting polymer selected from polydimethylsiloxane, etc., which at least provides the organic material comprises polydimethylsiloxane (PDMS), (also see [0124]).
He further teaches in [0061] the two anode-protecting layers implemented between the anode active layer and the separator (or the electrolyte) is mainly for the purpose of reducing or eliminating the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the organic material comprises polydimethylsiloxane (PDMS) as taught by He so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Regarding claims 5 and 11, He discloses the protective material for a negative electrode of a lithium metal battery as discussed above in claim 1 and the negative electrode as discussed above in claim 8. Kim further discloses in [0069] a thickness of the inorganic protection layer ref. 12 may be about 100 nm or less, etc., which is a range that overlaps the claimed range of the first protective layer has a thickness of 10 nanometers to 150 nanometers, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
However, Kim is silent as to a thickness of the protective material for a negative electrode is 0.02 microns to 200 microns.
He teaches a lithium metal secondary battery containing a protected lithium anode (Title). He further teaches in [0070]a first anode-protecting layer having a thickness from 1 nm to 100 µm, etc., and a second anode-protecting layer, in contact with the first protecting layer having a thickness from 1 nm to 100 µm and comprising an elastomer, etc., such that since He teaches a first/second anode-protecting layers with thickness ranges of 1 nm to 100 µm, this provides a total thickness range of 2 nm to 200 µm, which is a range that overlaps the claimed range of a thickness of the protective material for a negative electrode is 0.02 microns to 200 microns, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
He further teaches in [0061] the two anode-protecting layers implemented between the anode active layer and the separator (or the electrolyte) is mainly for the purpose of reducing or eliminating the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the a thickness of the protective material for a negative electrode as taught by He so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Regarding claim 12, Kim discloses the negative electrode as discussed above in claim 8. Kim further discloses in [0065] a lithium battery including the anode ref. 20 including the inorganic protection layer ref. 12, etc., which at least provides an electrochemical apparatus, comprising the negative electrode according to claim 8, such that the skilled artisan would appreciate that a lithium battery including said negative electrode is at least an electrochemical apparatus, lacking any further distinction thereof (also see [0067], [0073]-[0074], Fig. 2A, [0133]-[0134]).
Regarding claim 13, Kim discloses the electrochemical apparatus as discussed above in claim 12. Kim further discloses in [0132] a battery module including a lithium battery may be formed, a plurality of the lithium batteries or battery modules may be stacked to form a battery pack, which may be used in any suitable device, etc., such a laptop computer, a smart phone, or an electric vehicle, etc., which at least provides an electronic device, comprising the electrochemical apparatus according to claim 12, and lacking any further distinction thereof.
Regarding claim 22, Kim discloses the protective material as discussed above in claim 1. However, Kim is silent as to the second protective layer is infiltrated into the first protective layer.
The combined teachings of Kim and He disclose the protective material as discussed above in claim 1. He further discloses in [0027] the first anode-protecting layer is preferably chemically bonded to the second anode-protecting layer or is integral with the second anode-protecting layer, and such an connection enables the first anode-protecting layer to move in a concerted manner with the second anode protecting layer when the elastomer deforms (being compressed or relaxed) during battery recharge or discharge, etc.
He further teaches in [0061] the two anode-protecting layers implemented between the anode active layer and the separator (or the electrolyte) is mainly for the purpose of reducing or eliminating the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the second protective layer is infiltrated into the first protective layer as taught by He so that such a connection enables the first anode-protecting layer to move in a concerted manner with the second anode protecting layer when the elastomer deforms (being compressed or relaxed) during battery recharge or discharge, etc., and so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and He as applied to claim 1 above, and further in view of Subbaraman et al. (U.S. PGPub US 2018/0358659 (A1)), hereinafter Subbaraman.
Regarding claim 16, Kim discloses the protective material as discussed above in claim 1. However, Kim is silent as to the organic-inorganic composite comprises a composite of Al2O3 and polyethylene oxide.
The combined teachings of Kim and He disclose the protective material as discussed above in claim 1. Subbaraman teaches in [0015] in the example of Fig. 1, a second ad-layer ref. 125 is, for example, disposed on or formed over the first ad-layer ref. 120, etc., whereby the second ad-layer ref. 125 may act as a protective and/or sealant layer over the first ad-layer ref. 120 thereby forming a barrier to dendrite propagation through the battery cell ref. 100, such that the second ad-layer ref. 125 includes materials which are ionically conductive to lithium ions while reducing or preventing undesired species from reaching the first ad-layer ref. 120 and/or the anode current collector ref. 110, whereby materials for the second ad-layer ref. 125 include, but are not limited to, a metal oxide derivative (e.g., aluminum oxide, Al2O3), etc., and/or a conducting polymer (e.g., polyethylene oxide (PEO)), and combinations thereof, etc., which at least provides an organic-inorganic composite comprises a composite of Al2O3 and polyethylene oxide, lacking any further distinction thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim and He with the teachings of Subbaraman, whereby the protective material including the first/second protective layer(s), etc., as disclosed by the combined teachings of Kim and He further includes the second protective layer comprises an organic-inorganic composite that comprises a composite of Al2O3 and polyethylene oxide (i.e., at least second ad-layer including Al2O3 and polyethylene oxide) as taught by Subbaraman so as to form a barrier to dendrite propagation through the battery cell, whereby the second ad-layer includes materials which are ionically conductive to lithium ions while reducing or preventing undesired species from reaching the first ad-layer and/or the anode current collector, etc.
Response to Arguments
Applicant’s arguments, see Page 7, filed May 26th, 2026, with respect to claims 1 and 8 have been fully considered and are persuasive. The 35 U.S.C. 102 rejection of claims 1 and 8 has been withdrawn.
Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of 35 U.S.C. 103 rejection is made in view of Kim and He for claims 1 and 8.
Applicant argues Page 10, “The references, therefore, do not provide the motivation to perform the proposed modification of Kim. In other words, an attempt to bring in the isolated teachings of He or Subbaraman would amount to improperly picking and choosing features from different references without regard to the teachings of the references as a whole. 3 While the required evidence of motivation to combine need not come from the applied references themselves, the evidence must come from somewhere within the record. Absent this, the rejection is not properly supported. Without such motivation and absent improper hindsight reconstruction, a person of ordinary skill in the art would not be motivated to perform the proposed modification, and claims 2, 3, 5, and 9-11 are believed to be non-obvious and patentable over the applied prior art. Accordingly, as mentioned above, claims 2 and 9 have been incorporated into the independent claims, which are therefore believed to be patentable over all of the cited art on those grounds.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, and in response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Furthermore, the examiner asserts that the combined teachings of Kim and He at least disclose the claim limitations with proper motivation to combine. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the skilled artisan would appreciate the combined teachings of Kim and He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the second protective layer comprises at least one of an organic material or an organic-inorganic composite, and the second protective layer is provided as a coating on the first protective layer as taught by He so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc.
Furthermore, the skilled artisan would appreciate the combined teachings of Kim and He and Subbaraman, whereby the protective material including the first/second protective layer(s), etc., as disclosed by the combined teachings of Kim and He further includes the second protective layer comprises an organic-inorganic composite that comprises a composite of Al2O3 and polyethylene oxide (i.e., at least second ad-layer including Al2O3 and polyethylene oxide) as taught by Subbaraman so as to form a barrier to dendrite propagation through the battery cell, whereby the second ad-layer includes materials which are ionically conductive to lithium ions while reducing or preventing undesired species from reaching the first ad-layer and/or the anode current collector, etc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yun et al. (U.S. PGPub US 2020/0168902 (A1)) discloses an anode material for lithium metal battery and electrochemical device comprising the same (Title), whereby as disclosed in [0124] at room temperature, Al2O3 inorganic particles (Japan Light Metal Co., LS235, particle size 500 nm, Vicker's hardness: 17.5 GPa) and a binder (PVDF-HFP) were introduced to acetone at a weight ratio of 9:1, followed by agitation, to prepare slurry for forming a ceramic layer, etc.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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