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 . If status of the application as subject to 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 1-4, 6-17, & 20 are pending in the application. Claims 7-17 & 20 are withdrawn. Claims 1-4 & 6 were rejected in the office action mailed 12/5/2025. Claims 1-4 & 6 are presently examined.
Response to Amendment / Arguments
The 3/24/2026 amendment, in response to the 12/5/2025 office action, has been entered. Applicant’s claim amendments overcame all objections.
Applicant's arguments, regarding the 35 U.S.C. 103 rejections, have been fully considered but they are not persuasive.
Applicant argues that “Hong is trying to achieve is opposite to what the present application is trying to achieve”. If this is the case, then there should be some way to distinguish the present claims over Hong. According to the broadest reasonable interpretation of the present claims, Hong’s electrode is the is the same as the claimed electrode.
Applicant argues that “Hong's lithium layer thickness of 1 to 12 μm in paragraph 32 is prior to the pre-lithiation process”. Examiner has concerns with this statement:
The claim never mentions a “pre-lithiation process”. Claim 1 refers instead to a pre-lithiation layer. Examiner will discuss what is claimed, a pre-lithiation layer, and not an unclaimed pre-lithiation process.
As discussed in the Claim Interpretation section below, as soon as Hong’s negative electrode active material layer 120 comprises at least one atom of the pre-lithiated active material (e.g. lithium), then it is equivalent to the claimed pre-lithiation layer. Any change in lithium metal layer thickness at this point would be negligible (lithium atomic radius = 0.155 nm & ionic radius = 0.60 nm1). Thus, Hong’s lithium layer thickness remains 0.1 μm to 20 μm before and after this lithium atom transfer.
Applicant next discusses Hong paragraph 29, including lithium layer remaining and the risk of short circuit. Applicant then states that “Hong is totally silent as to the lithium metal layer existing even after forming the pre-lithiation layer”. Although Hong doesn’t teach those exact words, the science of diffusion of atoms from one layer into another makes it clear that Hong’s entire lithium layer wouldn’t instantly transfer into the negative electrode active material layer. Rather, this is a process which necessarily must occur over a period of time. After the first lithium atom transfers into the negative electrode active material layer, then the pre-lithiation layer is formed. At this point, Hong’s lithium layer, minus an atom or a few atoms, remains. This is basic transport properties or mass transfer science.
Applicant also mentioned the new claim limitation that the lithium metal layer acts as an active material. This new claim limitation is discussed in the Claim Interpretation section and in the 35 U.S.C. 102 rejection below.
Claim Interpretation
Claim 1 recites:
“a pre-lithiation layer formed on the lithium metal layer, wherein the pre-lithiation layer comprises a pre-lithiated active material…
“the lithium metal layer exists even after forming pre-lithiation layer”
The claim limitation of “after forming pre-lithiation layer” is interpreted as follows: This pre-lithiation layer is formed when it comprises at least one atom of the pre-lithiated active material.
Claim 1 states that “the lithium metal layer acts as an active material”. The present specification provides the following guidance for a link between lithium and active material:
“using a lithium metal as an active material” page 8, lines 18-19
“the lithium metal must function as a negative electrode active material” page 10, lines 22-23
“the lithium metal was sufficiently used as an active material” page 22, line 3
It seems from these specification quotations that lithium is an active material. This claim limitation is interpreted to mean that lithium in the lithium metal layer “acts as an active material”. This is merely restating a property of lithium, so any prior art layer that has lithium would meet this limitation.
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.
Claims 1-4 & 6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor(s) regard as the invention.
Claim 1 states that “the lithium metal layer acts as an active material”. This is supported by specification page 7, lines 16-19. It is unclear, from the claim and from the specification, what it means to “act” as an active material.
Claims 2-4 & 6 are rejected due to their dependence on claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The claims are in bold font, the prior art is in parentheses.
Claims 1-4 & 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US20200403230A1 (Hong).
Hong teaches the following claim 1 limitations:
A negative electrode (paragraph 30, figure 1: negative electrode 100) for a lithium metal battery (paragraph 30: lithium secondary battery), comprising:
a metal current collector substrate (paragraph 30, figure 1: negative electrode current collector 110);
a lithium metal layer (paragraph 30, figure 1: lithium layer 130) formed on at least one surface of the metal current collector substrate (110);
wherein the lithium metal layer has a thickness of 1 μm to 100 μm (paragraph 32: 1 µm to 12 µm),
a pre-lithiation layer (paragraphs 30 & 62, figure 1: negative electrode active material layer 120 after at least one atom of lithium has diffused from the lithium layer 130) formed on the lithium metal layer (130), wherein the pre-lithiation layer (120) comprises a pre-lithiated active material (paragraph 54: “lithium ions in the lithium layer are diffused into the negative electrode active material layer, and thus pre-lithiation of the negative electrode active material may be achieved”)
Claim 1 also recites:
a lithium electrodeposition layer formed on the pre-lithiation layer
The present specification teaches that “the lithium electrodeposition layer is formed by charging a lithium metal battery” (page 12, lines 18-19). Hong fails to explicitly describe a lithium electrodeposition layer. Hong, however, teaches charging the lithium secondary battery (paragraph 31). Hong’s negative electrode therefore includes a lithium electrodeposition layer, according to the teachings of the present specification.
Claim 1 also recites:
the lithium metal layer exists even after forming the pre-lithiation layer so that a thickness ratio of the lithium metal layer and the pre-lithiation layer is 1:1.1 to 1:99
Hong’s negative electrode active material layer 120 becomes the formed pre-lithiation layer as presently claimed after it includes at least one atom of lithium, such as from the lithium layer 130. Hong teaches this diffusion of lithium into the negative electrode active material layer 120 (paragraphs 54 & 62).
Regarding the “1:1.1 to 1:99” limitation, for comparison with Hong, the claimed ratios are converted to fractions: 1/1.1 = 0.909 and 1/99 = 0.010.
Hong’s lithium layer thickness is 1 to 12 µm (paragraph 32). Hong’s negative electrode active material thickness is 50 to 80 µm (paragraph 24). Hong’s fractions are 12/50 = 0.240 and 1/80 = 0.013, which are within the claimed range of 0.909 to 0.010.
Claim 1 also states:
the lithium metal layer acts as an active material
As discussed in the Claim Interpretation section above, this phrase means that lithium in the lithium metal layer acts as an active material. Hong’s lithium layer includes lithium (paragraph 62), and thus fulfills this claim limitation.
With regard to claim 2, Hong teaches the limitations of claim 1 as noted above. Hong also teaches the following claim 2 limitation:
the pre-lithiated active material comprises a carbon-based material, a lithium metal oxide, a metallic compound capable of alloying with lithium, a metal oxide, a lithium-metal alloy, or a mixture of two or more thereof (paragraph 21: “the negative electrode active material may include a carbon material”)
With regard to claims 3-4, Hong teaches the limitations of claim 1 as noted above. Hong also teaches the following limitations of claims 3-4:
Claim 3
the metal current collector substrate comprises one selected from the group consisting of copper, stainless steel, aluminum, nickel, titanium, calcined carbon, copper that is surface-treated with dissimilar metal, stainless steel that is surface-treated with dissimilar metal, and an aluminum-cadmium alloy (paragraph 78: copper current collector)
Claim 4
the metal current collector substrate comprises a metal including copper (paragraph 78: copper current collector)
With regard to claim 6, Hong teaches the limitations of claim 1 as noted above. Hong also teaches the following claim 6 limitation:
the pre-lithiation layer further comprises a binder and a conductive material (paragraphs 26, 48, & 51: negative electrode active material, conductive material, binder mixed)
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/R.G.W./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
1 https://www.princeton.edu/~maelabs/mae324/glos324/lithium.htm#:~:text=Lithium%2C%20Li&text=Its%20atomic%20radius%20is%200.155,ionic%20radius%20is%200.60%20nm.
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