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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/25/2025 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.
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.
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.
Claims 1, 3-6, 10, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Affinito (US 20070221265 A1) and further in view of Provoost (Provoost, Jan. “Beyond the Lithium-Ion Battery.” Materials For Energy. Physics World, 31 Oct. 2018).
Regarding claim 1, embodiment Fig. 7 of Affinito teaches a negative electrode in the form of a composite material (para. 0031) comprising:
at least one first metallic layer (para. 0028, [lithiated metal layer])(Fig. 7, item 56);
at least one polymer membrane comprising at least one polymer (para. 0120), said polymer membrane having two faces (Fig. 7, item 46) and said polymer membrane is in direct physical contact, by at least one of its two faces, with said first metallic layer (Fig. 7 shows an example of the multi-layered structure, the said first polymer layer, item 46, in direct contact with item 56, said first metallic layer)
(a) electrically non-conducting polymers selected from the group comprising copolymers of styrene and mixtures thereof (para. 0120, [polystyrene polymers])
and (b) electrically conducting polymers (para. 0120, [a multi-layered structure includes polymers that are highly conductive towards lithium and minimally conductive towards electrons]) selected from the group comprising polypyrroles (para. 0122, [polypyrrole]).
and said negative electrode further comprises at least one second metallic layer (Fig. 7, item 55), said second metallic layer being in direct physical contact with the other face of said polymer membrane (Fig. 7, item 55 is in direct contact with item 46) and wherein the second metallic layer is identical to the first metallic layer (para. 0052 teaches that the alternating metallic layers are identical to each other [a ten-layer structure of alternating single-ion conductive layers and polymer layers of the same overall thickness]) (para. 0028 teaches that the metal layers are made of lithiated metal]) (para. 0013, [each layer of the multi-layered structure has a maximum thickness of 25 microns]).
Embodiment Fig. 7 of Affinito does not teach that the said polymer membrane is non-porous in that said polymer membrane has a porosity less than or equal to 10% by volume, with respect to the total volume of said polymer membrane.
Embodiment Fig. 2 of Affinito teaches that the outer layer of the multi-layered structure, such as the stabilization layers of items 22, 24, and 26, can be selected for properties such as … [being] nonporous to prevent penetration by electrolyte solvents [para. 0093]. The aforementioned layers of 22, 24, and 26 include polymer layers (items 40,42,44,46). Embodiment Fig. 7 also includes item 46 as a polymer layer.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have designed embodiment Fig. 7 of Affinito’s polymer layers to be nonporous, as taught by embodiment Fig. 2 of Affinito, in order to prevent penetration by electrolyte solvents, as taught by Affinito (para. 0093).
Affinito does not teach:
- wherein the first metallic layer is based on pure lithium, pure sodium, or an alloy of sodium
- wherein the second metallic layer is based on pure lithium, pure sodium, or an alloy of sodium
Provoost, in the same field of endeavor, batteries, teaches:
A metallic layer based on pure lithium (Provoost, pg. 4, Introducing New Materials, [a better alternative may be to replace carbon with pure lithium metal. A lithium anode will also store up to ten times as much lithium ions per gram of electrode as graphite but without the selling seen in silicon anodes.])
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the first and second lithium alloy metallic layers of Affinito for pure lithium, as taught by Provoost, in order to use a material capable of storing lithium ions without causing the anode to expand, as taught by Provoost (Provoost, pg. 4, Introducing New Materials, [a better alternative may be to replace carbon with pure lithium metal. A lithium anode will also store up to ten times as much lithium ions per gram of electrode as graphite but without the selling seen in silicon anodes]).
Examiner notes that carbon can conduct single ions, and therefore be used as a single-ion conductor. Provoost teaches the use of replacing graphite with pure lithium metal, as explained above.
Regarding claim 3, modified Affinito teaches the electrode according to claim 1, wherein in the polymer membrane is an electrically conducting membrane and in that it comprises at least one electrically conducting polymer (para. 0119, [the invention employs polymeric materials … some of which are electronically conductive) optionally in the presence of at least one electron conduction additive (Affinito teaches that those skilled in the art can readily select or formulate such polymeric materials … that have the appropriate ionic and/or electronic properties [para. 0119])
Regarding claim 4, modified Affinito teaches the electrode according to claim 1, and further teaches wherein the polymer membrane additionally contains at least one salt comprising at least one anion and at least one metal cation M (para. 0124, [polymer materials listed above may further comprise salts]).
Regarding claim 5, modified Affinito teaches the electrode according to claim 4, wherein said salts are selected from MBF4 (para. 0122), MPF6 (para. 0122), CF3SO3M (para. 0122), MAsF6 (para. 0122), M being selected from lithium (para. 0122) cations.
Regarding claim 6, modified Affinito discloses the electrode according to claim 1, wherein the polymer membrane has a thickness from 2 to 50 µm (para. 0013, [max thickness of 25 microns]) and the metallic layer has a thickness from 1 to 50 µm (para. 0013, [max thickness of 25 microns]).
Regarding claim 10, modified Affinito teaches a method for preparing a negative electrode as defined in claim 1, and further teaches comprising at least one step complexing of said first and second metallic layers respectively on each of the faces of said non-porous polymer membrane (claim 13, [a multi-layered structure positioned between the anode and an electrolyte of the cell … the multi-layered structure comprising … at least two first (single-ion conductive) layers and at least two second layers (polymeric layers) are arranged in alternating order with respect to each other) based on at least one polymer.
The said polymer being selected from:
(a) copolymers of styrene and mixtures thereof (para. 0120, [polystyrene polymers]);
b) electrically conducting polymers selected from the group comprising (para. 0120, [a multi-layered structure includes polymers that are highly conductive towards lithium and minimally conductive towards electrons]) selected from the group comprising polypyrroles (para. 0122, [polypyrrole]).
Regarding claim 17, modified Affinito teaches the electrode according to claim 1, and further teaches wherein the first metallic layer is constituted of pure lithium (Provoost, pg. 4, Introducing New Materials).
Regarding claim 19, modified Affinito teaches a lithium battery comprising at least one positive electrode (para. 0098), at least one electrolyte (para. 0106) and at least one negative electrode (para. 0028), wherein the negative electrode is a negative electrode according to claim 1 (para. 0028) and the electrolyte is a solid electrolyte (para. 0106, [case for solid electrolytes]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Affinito (US 20070221265 A1) and further in view of Cho (US 20160372743 A1).
Regarding claim 2, modified Affinito teaches the electrode according to claim 1, and further teaches wherein ionically conductive polymers are selected from polyethylene oxides (para. 0120), and polyvinylidene fluoride (para. 0122).
Affinito does not teach polymer selection of hexafluoropropylene. Affinito teaches that those skilled in the art can readily select or formulate such polymeric materials … that have the appropriate ionic and/or electronic properties [para. 0119 and para. 0122].
Cho, in the same field of endeavor, multi-layered anodes, teaches electrically non-conducting polymer or polymers are selected from homopolymers and copolymers of ethylene oxide (0079), copolymers of vinylidene fluoride and hexafluoropropylene (PVdF-co-HFP) (Cho, 0079) and mixtures thereof.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have included additional fluorinated polymers such as PVdF-co-HFP in the polymer membrane of Affinito, as taught by Cho, in order to obtain a polymer membrane with high strength and electrochemical stability over a range of conditions (0079), as taught by Cho.
Claims 12, 14-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Affinito (US 20070221265 A1) and further in view of Provoost (Provoost, Jan. “Beyond the Lithium-Ion Battery.” Materials For Energy. Physics World, 31 Oct. 2018).
Regarding claim 12, Affinito discloses a negative electrode (para. 0031) in the form of a composite material (para. 0031, composite includes the single-ion conductive material and the polymeric layer), comprising, in this order, a first metallic layer [Fig. 7, item 56], a first electrically conducting polymer membrane [Fig. 7, item 46], a current collector [Fig. 7, item 55], a second electrically conducting polymer membrane [Fig. 7, item 45], and a second metallic layer[Fig. 7, item 54] (para. 0052 teaches a ten-layer structure of a single-ion conductive layer, a polymer layer, a single conductive layer which can serve as a current collector [para. 0071], a second polymer layer, and a single-ion conductive layer) (para. 0071, [one or more layers of the structure (layer 24 of Fig. 4 which is analogous to layer 28 of Fig. 7) can be made to be electrically conductive to define a current collector component]) wherein:
(i) said first metallic layer (para. 0028, [lithiated metal layer])(Fig. 7, item 56);
(ii) said first electrically conducting polymer membrane comprises at least one polymer (para. 0120), said first electrically conducting polymer membrane [Fig. 7, item 46] having two faces (Fig. 7 shows an example of the multi-layered structure, the polymer layers of items 43, 44, 45, and 46 have two faces); and said first electrically conducting polymer membrane is in direct physical contact, by at least one of its two faces, with said first metallic layer (Fig. 7 shows an example of the multi-layered structure, the said first polymer layer [item 46] is in direct contact with item 56, said first metallic layer);
said at least one polymer is selected from: (a) copolymers of styrene and mixtures thereof (para. 0120, [polystyrene polymers]);
and (b) electrically conducting polymers (para. 0120, [a multi-layered structure includes polymers that are highly conductive towards lithium and minimally conductive towards electrons]) selected from the group comprising polypyrroles (para. 0122, [polypyrrole]).
and wherein the second metallic layer is identical to the first metallic layer (para. 0052 teaches that the alternating metallic layers are identical to each other [a ten-layer structure of alternating single-ion conductive layers and polymer layers of the same overall thickness]) (para. 0028 teaches that the metal layers are made of lithiated metal]).
Embodiment Fig. 7 of Affinito does not teach that the said polymer membrane is non-porous in that said polymer membrane has a porosity less than or equal to 10% by volume, with respect to the total volume of said polymer membrane.
Embodiment Fig. 2 of Affinito teaches that the outer layer of the multi-layered structure, such as the stabilization layers of items 22, 24, and 26, can be selected for properties such as … [being] nonporous to prevent penetration by electrolyte solvents [para. 0093]. The aforementioned layers include polymer layers (items 40,42,44,46). Embodiment Fig. 7 also includes item 46 as a polymer layer.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have designed embodiment Fig. 7 of Affinito’s polymer layers to be nonporous, as taught by embodiment Fig. 2 of Affinito, in order to prevent penetration by electrolyte solvents, as taught by Affinito (para. 0093).
Affinito does not teach:
- wherein the first metallic layer is based on pure lithium, pure sodium, or an alloy of sodium
- wherein the second metallic layer is based on pure lithium, pure sodium, or an alloy of sodium
Provoost, in the same field of endeavor, batteries, teaches:
A metallic layer based on pure lithium (Provoost, pg. 4, Introducing New Materials, [a better alternative may be to replace carbon with pure lithium metal. A lithium anode will also store up to ten times as much lithium ions per gram of electrode as graphite but without the selling seen in silicon anodes.])
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the first and second lithium alloy metallic layers of Affinito for pure lithium, as taught by Provoost, in order to use a material capable of storing lithium ions without causing the anode to expand, as taught by Provoost (Provoost, pg. 4, Introducing New Materials, [a better alternative may be to replace carbon with pure lithium metal. A lithium anode will also store up to ten times as much lithium ions per gram of electrode as graphite but without the selling seen in silicon anodes]).
Examiner notes that carbon can conduct single ions, and therefore be used as a single-ion conductor. Provoost teaches the use of replacing graphite with pure lithium metal, as explained above.
Regarding claim 14, modified Affinito teaches the electrode according to claim 12. Affinito further teaches that the first electrically conducting polymer membrane comprises at least one electrically conducting polymer (para. 0119, [the invention employs polymeric materials … some of which are electronically conductive) optionally in the presence of at least one electron conduction additive (Affinito teaches that those skilled in the art can readily select or formulate such polymeric materials … that have the appropriate ionic and/or electronic properties [para. 0119]).
Regarding claim 15, Affinito discloses the electrode according to claim 12, and further teaches wherein the first electrically conducting non-porous polymer membrane has a thickness from 2 to 50 µm (para. 0013, [max thickness of 25 microns]) and the first metallic layer has a thickness from 1 to 50 µm (para. 0013, [max thickness of 25 microns]).
Regarding claim 18, modified Affinito teaches the electrode according to claim 12, wherein the first metallic layer is constituted of pure lithium and the second metallic layer is constituted of pure lithium (Provoost, pg. 4, Introducing New Materials, as explained in claim 12 above.) (Affinito, para. 0052 teaches that the alternating metallic layers are identical to each other [a ten-layer structure of alternating single-ion conductive layers and polymer layers of the same overall thickness].).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have swapped the first and second lithium alloy metallic layers of Affinito for pure lithium, as taught by Provoost, in order to use a material capable of storing lithium ions without causing the anode to expand, as taught by Provoost (Provoost, pg. 4, Introducing New Materials, [a better alternative may be to replace carbon with pure lithium metal. A lithium anode will also store up to ten times as much lithium ions per gram of electrode as graphite but without the selling seen in silicon anodes]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Affinito (US 20070221265 A1) and further in view of Cho (US 20160372743 A1).
Regarding claim 13, modified Affinito teaches the electrode according to claim 12, and further teaches wherein ionically conductive polymers are selected from polyethylene oxides (para. 0120), and polyvinylidene fluoride (para. 0122).
Affinito does not teach polymer selection of hexafluoropropylene. Affinito teaches that those of ordinary skill in the art can choose suitable polymers for using in lithium batteries based on their mechanical and/or electrical properties (para. 0122).
Cho, in the same field of endeavor, multi-layered anodes, teaches electrically non-conducting polymer or polymers are selected from homopolymers and copolymers of ethylene oxide (0079), copolymers of vinylidene fluoride and hexafluoropropylene (PVdF-co-HFP) (Cho, 0079) and mixtures thereof.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have included additional fluorinated polymers such as PVdF-co-HFP in the polymer membrane of Affinito, as taught by Cho, in order to obtain a polymer membrane with high strength and electrochemical stability over a range of conditions (0079), as taught by Cho.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered.
Regarding the argument that no layer is based on pure lithium, pure sodium, or an alloy of sodium:
See claims 1 and 12 regarding the rejection under new grounds.
Regarding the argument that Fig. 2 of Affinito does not teach that the polymer layers are not sandwiched between the metallic layers:
It is the examiner’s position that Affinito does teach that the polymer layers are sandwiched between the metallic layers. Fig. 7 of Affinito teaches that the polymer layers [Fig. 7, items 46 and 45] are sandwiched between metallic layers [Fig. 7, items 56 and 54].
Regarding the argument that ion-conductive layers are defined as layers made of inorganic materials such as ceramic or glasses, and not based on pure lithium, pure sodium, or an alloy of sodium:
It is the examiner’s position that Affinito does teach that ion-conductive layers can be based on lithiated metal layers. Affinito para. 0029 teaches that single-ion conductive layers can be selected among those described herein and generally known in the art including glasses, lithiated metal layers, and the like.
Furthermore, Affinito was modified by swapping the lithiated metal layer for the use of sodium metal. See claims 1 and 12 regarding the rejection under new grounds.
Regarding the argument that Affinito does not reach wherein a non-porous polymer membrane is sandwiched between two identical alkali-metal layers in direct physical contact:
It is the examiner’s position that Affinito does teach that the polymer layers are sandwiched between the metallic layers. Fig. 7 of Affinito teaches that the polymer layers [Fig. 7, items 46 and 45] are sandwiched between metallic layers [Fig. 7, items 56 and 54].
It is the examiner’s position that Affinito teaches identical metal layers. Affinito para. 0052 teaches that alternating metallic layers are identical to each other.
Regarding the argument that the motivation for modifying Affinito’s polymer membrane to be non-porous is inadequate.
Affinito does provide the option of a non-porous membrane for outer layers that are in contact with the electrolyte [Affinito, 0093] as the applicant has pointed out.
However, it is the examiner’s position that Affinito provides a solution to use nonporous layers to protect the inner layers from penetration of substances such as electrolyte solvents. The polymer layers of items 46 and 45 are on the outer layers of the current collector [item 55] of Fig. 7.
Regarding the argument that Cho teaches away from providing a non-porous polymer membrane:
Cho teaches the use of a particular fluorinated polymer and is not relied on to teach on the porosity of the polymer membrane.
Regarding the argument that the Cho would not be combined with Affinito:
Both Affinito and Cho contain polymeric structures within their systems. Affinito allows for one of ordinary skill in the art to select a polymer based on the use (Affinito, para. 0122). Cho is used to teach on the specific polymer material that can be selected.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.G./Examiner, Art Unit 1721 /ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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