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 .
Summary
The Applicant’s arguments and claim amendments received on December 4, 2025 have been entered into the file. Currently, claim 1 is amended and claim 5 is cancelled, resulting in claims 1-4 and 6-20 pending for examination.
This is a non-final office action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on September 9, 2025, October 21, 2025, and January 7, 2026 have been considered by the examiner.
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.
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, 6, 8-10, 14-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kovacs, et al. (US 2020/0251775 A1).
Regarding claim 1, Kovacs teaches an electrochemical cell including an anode, electrolyte, and cathode (¶ [0040], Ln. 1-4). The batteries of Examples 7-9 include metal anodes, which take up and release metal ions to and from the electrolyte during charging and discharging, and an LiAlCl4∙2SO2 electrolyte (solvent with an ion conducting salt) (¶ [0059], Ln. 1-4, ¶ [0060], Ln. 1-4, ¶ [0061], Ln. 1-4). Kovacs teaches the presence of multiple SEI layers located between the anode current collector (5) and anode (1), between the anode (1) and separator (7), between the separator (7) and cathode (2), or between the cathode (2) and cathode current collector (6) (¶ [0046, Ln. 1-12; Fig. 2). Kovacs further teaches that fluorine containing salts, such as Na-DFOB, Li-DFOB, Na-triflate, and Li-triflate act as SEI-forming additives which improve the anode SEI (¶ [0022], Ln. 1-15), teaching an example of an electrolyte including 1 wt% Li-DFOB in Example 9 (¶ [0061], Ln. 4-5). The SEI layer formed would include an oxide of metal ions.
Kovacs teaches that the cathode is an alkali salt based cathode constructed by infusing an alkali salt into a carbon-based framework (¶ [0050], Ln. 1-4), further teaching that the cathode active material may be comprised of alkali-halide:copper, preferably between the 1:1 and 10:1 molar ratio range (¶ [0051], Ln. 38-40). In the batteries of Examples 7-9, the cathodes are prepared by making a saturated solution of alkali halide in propylene carbonate or methanol, dispersing porous carbon into the solution, and evaporating the solvent (matrix of an electrically conductive porous material and a metal halide interspersed in the matrix) (¶ [0056], Ln. 1-6) and include a mixture of 94 wt% active material and 6 wt% PTFE (¶ [0058], Ln. 1-3). Kovacs teaches that the cell contains an excess of alkali halides such that they don’t dissolve in the electrolyte (¶ [0043], Ln. 1-7). As Kovacs teaches that the cathode active material may be comprised of alkali-halide:copper preferably between the 1:1 and 10:1 molar ratio range (¶ [0051], Ln. 38-40), Kovacs teaches overlapping ranges wherein the cathode active material would include more than 50 wt% halide salt. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists
Kovacs does not expressly teach that the total amount of the metal halide in the cathode is at least twice the amount of the metal halide that is dissolvable in the electrolyte.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the amount of excess alkali halide in the cathode. One of ordinary skill in the art would recognize that as the alkali halide is included in excess such that it does not all dissolve in the electrolyte, different amounts of alkali halide above the amount that dissolves in the electrolyte can be included. It would have been obvious to one of ordinary skill in the art to try twice the amount that is dissolvable in the electrolyte.
Regarding claim 2, Kovacs teaches all of the limitations of claim 1 above and further teaches a separator (7) in between the anode (1) and cathode (2) (¶ [0046], Ln. 1-7; Fig. 2).
Regarding claim 4, Kovacs teaches all of the limitations of claim 1 above and further teaches that the alkali halide may comprise NaF, NaCl, NaBr, NaI, LiF, LiCl, LiBr, LiI, or any combination thereof (¶ [0041], Ln. 21-25). For example, the battery of Example 9 includes LiF (¶ [0061], Ln. 1-2).
Regarding claim 6, Kovacs teaches all of the limitations of claim 1 above and further teaches that the cathode is prepared by making a saturated solution of alkalki halide in solvent, dispersing porous carbon (electrically conductive porous material) into the solution, and evaporating the solvent (¶ [0056], Ln. 1-6). Kovacs does not expressly teach that the porous carbon is selected from the group consisting of carbon black, carbon nanotubes, carbon nanofibers, activated carbon, amorphous carbon, graphite, graphene, and mixtures and combinations thereof.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use carbon black in the cathode of Kovacs. One of ordinary skill in the art would know the common types of carbon used to form electrically conductive carbon frameworks in electrodes and recognize that carbon black is one of the most common types of carbon used in cathodes for lithium batteries. One of ordinary skill in the art would be motivated to use carbon black as the porous carbon as it is generally low-cost.
Regarding claims 8-9, Kovacs teaches all of the limitations of claim 1 above and further teaches that the cathode includes PTFE (polymeric binder) (¶ [0058], Ln. 1-3).
Regarding claim 10, Kovacs teaches all of the limitations of claim 1 above and further teaches that the electrolyte is SO2 solvent based, meaning it contains at least 10% mole fraction SO2, and preferably at least 50% mole fraction SO2 (¶ [0013], Ln. 1-6). Although it is acknowledged that Kovacs does not expressly teach that the solvent is non-aqueous, one of ordinary skill in the art would recognize that for use in a lithium based battery, the solvent must be non-aqueous.
Regarding claim 14, Kovacs teaches all of the limitations of claim 1 above and further teaches that fluorine containing salts, such as Na-DFOB (metal ion Na and anion DFOB-), Li-DFOB (metal ion Li and anion DFOB-), Na-triflate (metal ion Na and anion TF-), and Li-triflate (metal ion Li and anion TF-) act as SEI-forming additives when included in the electrolyte, which improves the anode SEI (¶ [0022], Ln. 1-15). In the battery of Example 9, the electrolyte includes 1 wt% Li-DFOB (¶ [0061], Ln. 4-5).
Regarding claims 15-16, Kovacs teaches all of the limitations of claim 1 above and further teaches that the anode is metal, teaching examples including Constantan, sodium, and lithium (¶ [0059], Ln. 1-2, ¶ [0060], Ln. 1-2, ¶ [0061], Ln. 1-2).
Regarding claim 19, Kovacs teaches all of the limitations of claim 1 above. Kovacs further teaches that the anode current collector may be a carbon coated metal or an alloy of two or more metals, including a copper-nickel alloy, and that other carbon coated metals or alloys are possible (¶ [0007], Ln. 1-10). Kovacs does not expressly teach that the anode current collector is selected from the group consisting of copper, copper oxide, zinc, zinc oxide, nickel oxide, and mixtures and combinations thereof.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the copper-nickel current collector of Kovacs to a carbon coated copper foil or copper alloy including zinc based on the teachings of Kovacs that the anode current collector may contain copper, and that other metals and alloys are possible options. One of ordinary skill in the art would recognize that copper foil is one of the most common anode current collectors due to its electrical conductivity and compatibility with anode active materials. One of ordinary skill in the art would be motivated to use copper foil as it is a relatively inexpensive material and performs the necessary function of the anode current collector.
Regarding claim 20, Kovacs teaches all of the limitations of claim 1 above and further teaches that the cathode is pressed on a carbon-coated aluminum current collector (¶ [0058], Ln. 3-5).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kovacs, et al. (US 2020/0251775 A1) as applied to claim 1 above in view of Manev, et al. (US 2002/0122973 A1).
Regarding claim 3, Kovacs teaches all of the limitations of claim 1 above. Kovacs does not expressly teach that the battery contains an oxidizing gas as a redux reaction inducement.
Manev teaches a secondary lithium-ion battery comprising a carbon anode with a copper current collector (¶ [0003], Ln. 1-5), a cathode containing lithiated transition metal oxides with an aluminum current collector [¶ [0004], Ln. 3, 7-9), an electrolyte comprising a lithium salt dissolved in a non-aqueous solvent (¶ [0005], Ln. 1-2), and a solid electrolyte interface (SEI) that is formed on the electrode surface during the first cycle of the rechargeable lithium-ion cell (¶ [0008], Ln. 1-5). Manev additionally teaches that oxygen may be purposefully provided in the cell by dissolving oxygen in the electrolyte (¶ [0024], Ln. 13-15). When a first voltage is applied, oxygen in the cell reacts with moisture in the cell, which decreases the moisture in the cell, decreasing cell impedance and increasing cell power capability (¶ [0030], Ln. 1-3). Manev teaches that voltage is selected to keep the potential of the carbon-containing electrodes more negative than the equilibrium potential of the oxygen to ensure that oxygen reduction occurs on the carbon-containing electrodes (¶ [0024], Ln. 22-30).
As evidence that the oxidizing gas of Manev is included as a redux reaction inducement, Manev teaches including the oxidizing gas by dissolving oxygen in the electrolyte (¶ [0024], Ln. 13-15). Paragraph [0027] of the instant specification teaches that an oxidizing gas may be dissolved in the solvent including the electrolyte. Manev teaches including the oxidizing gas in the same manner as the instant specification, indicating that the oxidizing gas would perform the same function in a similar rechargeable lithium battery.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery taught by Kovacs to dissolve oxygen in the electrolyte as taught by Manev in order to reduce moisture in the cell upon applying an initial voltage to the cell. One of ordinary skill in the art would be motivated to apply this process to the battery of Kovacs in order to decrease cell impedance and increase cell power capacity.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kovacs, et al. (US 2020/0251775 A1) as applied to claim 1 above in view of Nakano, et al. (JP2009064584 A), cited on IDS.
Regarding claim 7, Kovacs teaches all of the limitations of claim 1 above. Kovacs does not expressly teach that the cathode comprises a halogen diatomic molecule selected from the group consisting of I2, Br2, Cl2, and F2.
Nakano teaches a battery with a carbon positive electrode containing lithium iodide and a lithium negative electrode arranged in a non-aqueous electrolyte solution containing lithium ions and iodine (¶ [0008], Ln. 72-75). Nakano teaches that the positive electrode contains at least one halogen selected from the group consisting of I2, Br2, Cl2 (¶ [0015], Ln. 139-142) which are supplied by a halogen dissolved in the electrolyte (¶ [0015] Ln. 143-144). Nakano teaches the use of iodine, bromine, and chlorine because they have excellent electrolyte solubility and make it possible to charge and discharge at a large current while maintaining a high capacity (¶ [0012], Ln. 105-109).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the battery of Kovacs to include a halogen diatomic molecule in the positive electrode as taught by Nakano. One of ordinary skill in the art would have been motivated to do this in order to make it possible to charge and discharge at a large current while maintaining a high capacity.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kovacs, et al. (US 2020/0251775 A1) as applied to claim 1 above in view of Julien, et al. (“Electrolytes and Separators for Lithium Batteries.” in: Lithium Batteries: Science and Technology. Springer, Cham., 2016. p. 433-434).
Regarding claims 11-12, Kovacs teaches all of the limitations of claim 1 above and further teaches that the electrolyte is SO2 solvent based, meaning it contains at least 10% mole fraction SO2 (¶ [0013], Ln. 1-6). Kovacs does not expressly teach that the electrolyte solvent is selected from the claimed group of materials or contains a heterocyclic compound.
Julien teaches the use of various solvents suitable for use as electrolyte solvents in lithium batteries, including carbonate solvents as well as γ-valerolactone, tetrahydrofuran, and dioxolane (Section 11.2.2, Solvents, Tables 11.1 and 11.2). Julien teaches that carbonate solvents and these other solvents are ideal because of their aprotic nature and ion conductivity. Additionally, Julien teaches that solvents with polar groups such as carbonyls and ether linkages are ideal because of their ability to dissolve sufficient amounts of lithium salts (Section 11.2.2, Solvents).
It would have been obvious to one of ordinary skill in the art to include one of the claimed solvents containing a cyclic ester, such as γ-valerolactone, or cyclic ether, such as tetrahydrofuran or dioxolane in the SO2 based electrolyte of Kovacs, as taught by Julien. One of ordinary skill in the art would be motivated to include one of the solvents due to their conductivity and ability to dissolve sufficient amounts of lithium salts.
Regarding claim 13, Kovacs teaches all of the limitations of claim 1 above and further teaches that the electrolyte is SO2 solvent based, meaning it contains at least 10% mole fraction SO2 (¶ [0013], Ln. 1-6). Kovacs does not expressly teach that the electrolyte solvent comprises a nitrile compound.
Julien teaches the use of various solvents suitable for use as electrolyte solvents in lithium ion batteries, including carbonate solvents as well as solvents containing polar groups such as nitriles (Section 11.2.2, Solvents). Julien teaches that carbonate solvents and these other solvents are ideal because of their aprotic nature, ion conductivity, and lithium salt solubility (Section 11.2.2, Solvents).
It would have been obvious to one of ordinary skill in the art to include one of the claimed solvents containing a nitrile group in the SO2 based electrolyte of Kovacs, as taught by Julien. One of ordinary skill in the art would be motivated to include one of the solvents due to their conductivity and ability to dissolve sufficient amounts of lithium salts.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kovacs, et al. (US 2020/0251775 A1) as applied to claim 15 above in view of Yushin, et al. (US 2015/0325882 A1), cited on IDS.
Regarding claims 17-18, Kovacs teaches all of the limitations of claim 15 above. Kovacs does not expressly teach that the anode is a metalloid or nonmetal selected from the group consisting of Si, Ge, Sb, carbon, and mixtures and combinations thereof.
Yushin teaches electrolyte compositions for rechargeable lithium batteries comprising an anode, a cathode, a separator, and an electrolyte (¶ [0022], Ln. 8-11). Yushin teaches that Li-free anodes are prevalent in lithium batteries and typically comprise a graphite anode with the inclusion of small amounts of other elements such as silicon or tin (¶ [0028], Ln. 1-7). Yushin specifically teaches that Si and Ge composites are used to form higher capacity anode materials (¶ [0031], Ln. 1-4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the anode material of the battery taught by Kovacs to include a graphite anode with Si or Ge as taught by Yushin. One of ordinary skill in the art would have been motivated to do this in order to form a higher capacity anode material.
Response to Arguments
Response-Claim Rejections - 35 USC § 102
In light of the Applicant’s arguments and the amendment to claim 1 to incorporate the limitations of originally filed claim 5, the previous rejections of claims 1-2, 4, 8-10, 14-16, and 20 under 35 U.S.C. 102 over Kovacs, et al. (US 2020/0251775 A1) have been overcome, however, upon further consideration, the reference remains applicable under 35 U.S.C. 103 and used in the rejection above. Any pertinent arguments with respect to the reference will be addressed herein.
The Applicant argues, see page 6 of the remarks, that Example 9 of Kovacs fails to anticipate that the cathode is more than 50 wt% halide salt. This argument is persuasive, therefore, the rejection has been withdrawn. However, as Kovacs teaches that the molar ratio of alkali halide to copper can range from 1:1 and 10:1, the reference is applied under 35 U.S.C. 103 in the rejection above.
The Applicant argues, see page 6-8 of the remarks, that it would not be obvious to modify the cathode of Kovacs such that, the amount of metal halide in the cathode is at least twice the amount of the metal halide that is dissolvable in the electrolyte. This argument is not persuasive. The Applicant argues that Kovacs teaches including an excess of non-alkali halides, rather than an excess of alkali halides, however, Kovacs teaches that one or more non-dissolved/solid alkali halides may be added to the cell, providing excess NaCl as an example, such that the alkali halides are not dissolved in the electrolyte (¶ [0010], Ln. 1-5). One of ordinary skill in the art would recognize that as the alkali halide is included in excess such that it does not all dissolve in the electrolyte, different amounts of alkali halide above the amount that dissolves in the electrolyte can be included. It would have been obvious to one of ordinary skill in the art to try twice the amount that is dissolvable in the electrolyte. Further, as noted above, Kovacs teaches that the cathode active material may be comprised of alkali-halide:copper, with a molar ratio of alkali halide:copper up to 10:1 (¶ [0051], Ln. 38-40).
The Applicant additionally argues that, as Kovacs discloses that metal additives reduce the necessity of oxidized halide uptake by the electrolyte (¶ [0051], Ln. 1-12), one would not swap a non-alkali metal halide for an alkali metal halide. This argument is not persuasive. Kovacs’ teaching that the inclusion of copper reduces the necessity of oxidized halide uptake by the electrolyte does not teach away from the disclosure that one or more non-dissolved/solid alkali halides may be added to the cell, such that the alkali halides are not dissolved in the electrolyte (¶ [0010], Ln. 1-5). For example, in Example 9 of Kovacs, copper and LiF are included in a molar ratio 2LiF:Cu.
Conclusion
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785