DETAILED ACTION
Response to Amendment
Applicant’s amendment filed on October 8, 2025, has been entered. Claims 79-96 remain pending in the application. Applicant’s amendment to claim 94 has overcome the previous rejection under 35 U.S.C. 112.
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 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, and 96 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150004455 A1 (Bradwell ‘455) in view of US 20080044725 A1 (Sadoway ‘725), and further in view of US 20120328935 A1 (Matsui ‘935).
Regarding claim 79, Bradwell ‘455 teaches an electrochemical energy storage device (an energy storage device; [0005]), comprising:
a first electrode comprising a first material (a first electrode comprising a first material; [0005]);
a second electrode comprising antimony (a second electrode comprising a second material; [0005]; said second material includes antimony; claim 4; the molten metal positive electrode can include one or more of tin, bismuth, and antimony; [0032]), wherein said antimony is reactive with said first material (the first and second material react to form an intermetallic layer at an interface between the second electrode and the electrolyte; [0005]; the positive and negative electrode materials may react with each other to form a solid-or semi-solid mutual reaction compound; [0067]); and
a liquid electrolyte disposed between said first electrode and said second electrode (a liquid electrode between the first and second electrodes; [0005]), and wherein said liquid electrolyte is capable of conducting ions of said first material (the liquid electrolyte is capable of conducting ions from the first material; [0005]).
Bradwell ‘455 additionally discloses that the housing 301 can be constructed from an electrically conductive material such as, for example, iron or stainless steel ([0059]). The positive liquid metal electrode 305 can be in electrical communication with the housing 301 along the side walls and/or along the bottom end wall of the housing ([0057]).
Paragraph [00108] of the instant specification discloses that the second electrode material (e.g., antimony particles) may react with iron within the housing and increase corrosion of the housing.
Likewise, Sadoway ‘725 discloses that for an antimony positive electrode 16 at high cell operating temperatures, bare steel is not an appropriate construction material, because antimony alloys with iron, making it susceptible to corrosion ([0055]). However, at temperatures below 738°C, iron and liquid antimony react to form an electronically conductive compound, iron antimonide, which could protect the steel container 22 ([0055]).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, for the second electrode to comprise antimony and iron when the housing is made out of iron or stainless steel, because the antimony positive electrode can react with the iron or stainless steel material of the housing to form an electronically conductive compound, iron antimonide, which could protect the housing container, as suggested by Sadoway ‘725, in the electrochemical energy storage device, as taught by Bradwell ‘455.
Bradwell ‘455 does not specifically disclose the second electrode comprising a plurality of solid particles comprising antimony, wherein said plurality of solid particles of said second electrode are dispersed in said liquid electrolyte.
Matsui ‘935 discloses improved electrode materials that are useful in order to develop high-capacity density batteries ([0004]). Examples include magnesium-based batteries, and specifically to materials used as active materials within the electrodes of a magnesium battery ([0022]). In particular an example battery includes an electrode active material that includes antimony, wherein the active material may include antimony and an inter-metallic compound of antimony and magnesium ([0022]). The improved active materials described herein may be used within the cathode and/or anode of an example battery ([0022]). In the example of a battery including an electrode having a cathode active material, it may be present as a sheet, ribbon, particles, or other physical form ([0029]). Improved active materials including an alloy of antimony and bismuth are used as the active material for a rechargeable magnesium battery ([0033]). In the magnesium battery, a first electrode including an active material and a second electrode are present with an electrolyte disposed between the first electrode and the second electrode (abstract). The electrolyte may include a molten salt ([0036]). The antimony bismuth alloy may be electrodeposited on the current collector, wherein electrodeposition is advantageous in that it eliminates the need for binders and electronic conductors, decreasing the overall weight of the anode material ([0040]). The size of the bismuth antimony alloy particles electrodeposited on the current collector range from about 50 nm to about 250 nm ([0040]). By alloying Bi and Sb, improvements to the energy density are accomplished by lowering the discharge potential of Sb and increasing the capacity of Bi ([0055]).
Sadoway ‘725 discloses that the magnesium and antimony are present as ions dissolved in the liquid electrolyte 20 ([0056]). The electrolyte may be a molten salt comprising the reaction compound and one or more supporting compounds in which the reaction compound is dissolved ([0017]). The supporting compounds typically enhance ionic conductivity and/or inhibit electronic conductivity through the electrolyte ([0017]).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide that the second electrode comprises a plurality of solid particles comprising antimony, wherein said plurality of solid particles of said second electrode are dispersed in said liquid electrolyte, wherein the electrochemical energy storage device, as taught by Bradwell ‘455, has improved energy density, as suggested by Sadoway ‘725 and Matsui ‘935.
Regarding claim 80, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, wherein said first material comprises one or more metals (the negative electrode can include an alkali metal or alkaline earth metal, such as lithium, sodium, potassium, rubidium, cesium, magnesium, barium, calcium, or combinations thereof; [0033] of Bradwell ‘455; said first material comprises an alkali metal; claim 1 of Bradwell ‘455).
Regarding claim 81, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, wherein said first material comprises calcium or a calcium alloy (the negative electrode can include calcium; [0033] of Bradwell ‘455).
Regarding claim 82, Bradwell ‘455 teaches the electrochemical energy storage device of claim 81, wherein said first material comprises lithium, sodium, magnesium, copper, zinc, or combinations thereof (the negative electrode can include an alkali metal or alkaline earth metal, such as lithium, sodium, magnesium, or combinations thereof; [0033] of Bradwell ‘455; said first material comprises an alkali metal; claim 1 of Bradwell ‘455).
Regarding claim 83, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, wherein said first material comprises a semi-solid or liquid at an operating temperature of said electrochemical energy storage device (the negative electrode and the positive electrode of an electrochemical energy storage device are in the liquid state at an operating temperature of the energy storage device; [0034] of Bradwell ‘455).
Regarding claim 84, Bradwell ‘455 teaches the electrochemical energy storage device of claim 83, wherein said operating temperature is from about 300 °C to 650 °C (to maintain the electrodes in the liquid states, the battery cell is heated to and/or maintained at a temperature of about 300 °C, about 350 °C, about 400 °C, about 450 °C, about 500 °C, about 550 °C, about 600 °C, about 650 °C, or in some situations, between 200 °C and 600 °C; [0034] of Bradwell ‘455).
As set forth in MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
Regarding claim 85, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, wherein an individual particle of said plurality of solid particles has a dimension of at least about 0.0001 millimeters (the size of the bismuth antimony alloy particles electrodeposited on the current collector range from about 50 nm to about 250 nm; [0040] of Matsui ‘935).
As set forth in MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
Regarding claim 86, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, wherein an individual particle of said plurality of solid particles has a dimension of less than or equal to about 10 millimeters (the size of the bismuth antimony alloy particles electrodeposited on the current collector range from about 50 nm to about 250 nm; [0040] of Matsui ‘935).
As set forth in MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
Regarding claim 87, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, wherein said liquid electrolyte comprises a calcium salt (the electrolyte can include a salt (e.g., molten salt), wherein the alkaline earth metal salt can include chloride or lithium chloride, and calcium is an alkaline earth metal; [0033] of Bradwell ‘455; also [0016] & [0064] of the presently filed specification).
Regarding claim 88, Bradwell ‘455 teaches the electrochemical energy storage device of claim 87, wherein said calcium salt is calcium chloride (the electrolyte can include a salt (e.g., molten salt), wherein the alkaline earth metal salt can include chloride or lithium chloride, and calcium is an alkaline earth metal; [0033] of Bradwell ‘455; also [0016] & [0064] of the presently filed specification).
Regarding claim 89, Bradwell ‘455 teaches the electrochemical energy storage device of claim 87, wherein said liquid electrolyte further comprises a salt additive (the electrolyte can include a salt (e.g., molten salt), wherein the alkali or alkaline earth metal salt can include chloride or bromide; [0033] of Bradwell ‘455; also [0016] & [0064] of the presently filed specification).
Regarding claim 90, Bradwell ‘455 teaches the electrochemical energy storage device of claim 89, wherein said salt additive comprises lithium chloride, sodium chloride, potassium chloride, strontium chloride, lithium bromide, sodium bromide, calcium bromide, potassium bromide, strontium bromide, barium chloride, barium bromide, or any combination thereof (the electrolyte can include a salt (e.g., molten salt), wherein the alkali or alkaline earth metal salt can include chloride or bromide; [0033] of Bradwell ‘455; also [0016] & [0064] of the presently filed specification).
Regarding claim 91, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, further comprising an intermetallic material disposed at one or more interfaces between said plurality of solid particles of said second electrode and said liquid electrolyte upon discharge of said electrochemical energy storage device (the intermetallic layer 410 can include a mutual reaction compound of a material originating from the negative electrode 403 and positive electrode material 405, wherein an upper interface 410a of the intermetallic layer 410 is in contact with the electrolyte 404, and a lower interface 410b of the intermetallic layer 410 is in contact with the positive electrode 405, wherein the mutual reaction compound may be formed during discharging at an interface between the positive liquid metal electrode 405 and a liquid metal electrolyte 404; Fig. 4 & [0070] of Bradwell ‘455), wherein said intermetallic material comprises said first material and said antimony (negative liquid metal electrode 403 includes magnesium, positive liquid metal electrode 405 includes antimony, and the intermetallic layer 410 includes Mg and Sb; [0071] of Bradwell ‘455).
In view of the modification presented above in claim 79, where it would have been obvious to a person of ordinary skill in the art to provide that the second electrode comprises a plurality of solid particles comprising antimony, it would also have been obvious for the intermetallic layer taught by Bradwell ‘455 to be disposed at one or more interfaces between the material of the second electrode and the liquid electrolyte, the material of the second electrode being the plurality of solid particles.
Regarding claim 92, Bradwell ‘455 teaches the electrochemical energy storage device of claim 91, wherein said intermetallic material is included in an intermetallic layer at a given interface of said one or more interfaces (the intermetallic layer 410 can include a mutual reaction compound of a material originating from the negative electrode 403 and positive electrode material 405, wherein an upper interface 410a of the intermetallic layer 410 is in contact with the electrolyte 404, and a lower interface 410b of the intermetallic layer 410 is in contact with the positive electrode 405, wherein the mutual reaction compound may be formed during discharging at an interface between the positive liquid metal electrode 405 and a liquid metal electrolyte 404; Fig. 4 & [0070] of Bradwell ‘455).
Regarding claim 93, Bradwell ‘455 teaches the electrochemical energy storage device of claim 91, wherein said intermetallic material is included in a shell at least partially circumscribing a given solid particle of said plurality of solid particles (during discharge, as the lower interface 510b of the intermetallic layer 510 moves in a downward direction indicated by arrows 512, the liquid material of the cathode 505 is compressed, however, when pressure builds due to active electrochemistry in the first chamber space, the cathode material can rise between the walls 511a, 511b of the pressure relief structure 511; [0079] - [0080] & Fig. 5; [00121] disclosing that the positive electrode may comprise a shell adjacent to a sidewall, wherein the positive electrode may be configured to allow the positive electrode material (e.g., solid antimony metal particles) to be dispersed along a region near or adjacent to the sidewalls of the container)).
In view of the modification presented above in claim 79, where it would have been obvious to a person of ordinary skill in the art to provide that the second electrode comprises a plurality of solid particles comprising antimony, it would also have been obvious for the intermetallic material to be included in a shell at least partially circumscribing a given solid particle of said plurality of solid particles, because the chamber space, as shown in Fig. 5 of Bradwell ‘455, corresponds to the shell at the sidewalls of the electrochemical cell 500 at least partially circumscribing the material of the second electrode, the material being the given solid particle of said plurality of solid particles.
Regarding claim 94, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, wherein a negative current collector comprises an electrically conductive current lead (housing 301 can include a first (e.g., negative) current lead 307, wherein the negative current collector 307 may be constructed from an electrically conductive material; [0063] of Bradwell ‘455).
Regarding claim 95, Bradwell ‘455 teaches the electrochemical energy storage device of claim 79, further comprising a separator disposed between said first electrode and said second electrode, wherein said separator prevents said second electrode from contacting said first electrode (a separator structure may be arranged within the electrolyte 304 between the liquid negative electrode 303 and the positive electrode 305; [0058] of Bradwell ‘455).
Matsui ‘035 further discloses that the electrolyte layer may include a separator which helps maintain electrical isolation between the positive and negative electrodes, wherein a separator may include a porous sheet, or other form of material configured to reduce the risk of physical contact and/or short circuit between the electrodes ([0026]). Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to include a separator disposed between said first electrode and said second electrode, wherein said separator prevents said second electrode from contacting said first electrode, as suggested by Matsui ‘035, to reduce the risk of physical contact between the electrodes, in the electrochemical energy storage device, as taught by Bradwell ‘455.
Regarding claim 96, Bradwell ‘455 teaches the electrochemical energy storage device of claim 95, wherein said separator comprises pores (Matsui ‘035 discloses a separator including a porous sheet; [0026]), however, Bradwell ‘455 does not specifically disclose that the pores of the separator have an average diameter of less than or equal to about 0.8 millimeters.
Nevertheless, in Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Response to Arguments
Applicant's arguments filed October 8, 2025, have been fully considered.
Applicant asserts that the prior art of record does not teach all of the elements of claim 79 as amended, because the references do not disclose “a second electrode comprising a plurality of solid particles comprising antimony and iron”. However, applicant’s assertion is not persuasive.
Paragraph [00108] of the instant specification discloses that the second electrode material (e.g., antimony particles) may react with iron within the housing and increase corrosion of the housing. Further disclosure of the second electrode material comprising antimony and iron in the instant invention appears to be limited thereto.
Bradwell ‘455 discloses that the housing 301 can be constructed from an electrically conductive material such as, for example, iron or stainless steel ([0059]). The positive liquid metal electrode 305 can be in electrical communication with the housing 301 along the side walls and/or along the bottom end wall of the housing ([0057]).
Likewise, Sadoway ‘725 discloses that for an antimony positive electrode 16 at high cell operating temperatures, bare steel is not an appropriate construction material, because antimony alloys with iron, making it susceptible to corrosion ([0055]). However, at temperatures below 738°C, iron and liquid antimony react to form an electronically conductive compound, iron antimonide, which could protect the steel container 22 ([0055]).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, for the second electrode to comprise antimony and iron when the housing is made out of iron or stainless steel, because the antimony positive electrode can react with the iron or stainless steel material of the housing to form an electronically conductive compound, iron antimonide, which could protect the housing container, as suggested by Sadoway ‘725, in the electrochemical energy storage device, as taught by Bradwell ‘455.
Terminal Disclaimer
The terminal disclaimer filed on October 8, 2025, disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. US 11,411,254 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST.
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/TAYLOR HARRISON KRONE/Examiner, Art Unit 1728
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725