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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 29, 2025, has been entered.
Response to Arguments
Applicant's arguments filed October 29, 2025, have been fully considered but they are not persuasive.
Applicant contends that Kim fails to disclose a cathode that "consists essentially of" a lithium-ion intercalation host or LFP, since Kim includes the intercalation material as an optional additive (p. 9). However, the "consisting essentially of" transitional phrase only excludes materials "that do not materially affect the basic and novel characteristics" of the claimed invention (In re Herz, 537 F.2d 549, 551-52, 190 USPQ 461, 463 (CCPA 1976); MPEP 2111.03 III). It does not require any particular motive for adding those elements that are not excluded. In addition, for the purposes of searching for and applying prior art under 35 U.S.C. 102 and 103, absent a clear indication in the specification or claims of what the basic and novel characteristics actually are, "consisting essentially of" will be construed as equivalent to "comprising." See, e.g., PPG, 156 F.3d at 1355, 48 USPQ2d at 1355. Applicant has provided no such indication, so the "consists essentially of" limitations in the instant claims will be read as "comprises."
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 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 considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-10, 12, 13, and 15-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2021/0036323 A1).
Regarding claim 1, Kim teaches a rechargeable battery (Example 1, [0051]-[0055]) comprising an anode (lithium foil, [0054]) and an electrolyte comprising a solvent (ADN-MPN-DME) and halogen compound functioning as an active cathode conversion material (LiI) ([0051]).
Kim does not teach that the cathode contains a material that functions as a lithium-ion intercalation host. Kim teaches that the cathode may optionally contain a powder such as LCO, NCA, LMO, etc. ([0035]), each of which is a cathode intercalation host material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any of these materials, since Kim explicitly teaches that they may be added.
Regarding claim 2, the cathode of Kim also includes a halogen-containing compound functioning as an active cathode conversion material (LiI, [0052]).
Regarding claim 3, the halogen-containing conversion compounds in the electrolyte and the cathode are the same (LiI; [0055]).
Regarding claim 4, Kim does not require that the lithium halide salt contained in the cathode be the same as that of the electrolyte. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any combination of the listed salts, including using different salts in the cathode and electrolyte.
Regarding claim 5, LiI is a metal halide.
Regarding claim 6, LiI dissociates to I- and Li+.
Regarding claim 7, the powders include LCO, NCA, LMO, NMC, and LFP ([0035]).
Regarding claim 8, the solvent is a mixture including nitriles (adiponitrile and 3-methoxypropionitrile, [0051]).
Regarding claim 9, Kim teaches the use of an oxidizing gas (oxygen, [0055]).
Regarding claim 10, Kim teaches a rechargeable battery (Example 1, [0051]-[0055]) comprising an anode (lithium foil, [0054]), a cathode including a halogen-containing compound functioning as a conversion material (LiI) ([0052]), and an electrolyte comprising a solvent (ADN-MPN-DME) and a lithium-containing compound (LiNO3) ([0051]) in contact with the anode and cathode ([0054]).
Kim does not teach that the cathode contains a lithium iron phosphate intercalation host. Kim teaches that the cathode may optionally contain a powder such as lithium iron phosphate ([0035]), which is a cathode intercalation host material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any of these materials, including lithium iron phosphate, since Kim explicitly teaches that they may be added.
Regarding claim 12, LiI includes I- and Li+.
Regarding claim 13, LiNO3 ([0051]) is a lithium salt.
Regarding claim 15, the solvent is a mixture including nitriles (adiponitrile and 3-methoxypropionitrile, [0051]).
Regarding claim 16, Kim teaches the use of an oxidizing gas (oxygen, [0055]).
Regarding claim 17, Kim teaches a method of forming a rechargeable battery comprising coating a slurry onto a current collector to form a cathode ([0052]); dissolving a metal halide compound functioning as a conversion material (LiI) in a solvent to form an electrolyte ([0051]); and stacking the cathode, a separator, and cathode with the electrolyte ([0054]).
Kim does not teach that the cathode slurry contains a material that functions as a lithium-ion intercalation host. Kim teaches that the cathode may optionally contain a powder such as LCO, NCA, LMO, etc. ([0035]), each of which is a cathode intercalation host material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any of these materials, since Kim explicitly teaches that they may be added.
Regarding claim 18, Kim teaches that LiI (a metal halide active cathode conversion material) is added to the slurry ([0051]).
Regarding claim 19, the halogen-containing conversion compounds in the electrolyte and the cathode are the same (LiI; [0055]).
Regarding claim 20, Kim does not require that the lithium halide salt contained in the cathode be the same as that of the electrolyte. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any combination of the listed salts, including using different salts in the cathode and electrolyte.
Regarding claim 21, Kim teaches that LiI (a metal halide active cathode conversion material) is added to the slurry ([0051]).
Regarding claim 22, the halogen-containing conversion compounds in the electrolyte and the cathode are the same (LiI; [0055]).
Regarding claim 23, Kim does not require that the lithium halide salt contained in the cathode be the same as that of the electrolyte. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any combination of the listed salts, including using different salts in the cathode and electrolyte.
Regarding claim 24, Kim teaches a method of forming a rechargeable battery comprising coating a slurry containing a metal halide compound functioning as a conversion material (LiI) onto a current collector to form a cathode ([0052]); dissolving a metal halide compound functioning as a conversion material (LiI) in a solvent to form an electrolyte ([0051]); and stacking the cathode, a separator, and cathode with the electrolyte ([0054]).
Kim does not teach that the cathode contains a lithium iron phosphate intercalation host. Kim teaches that the cathode may optionally contain a powder such as lithium iron phosphate ([0035]), which is a cathode intercalation host material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any of these materials, including lithium iron phosphate, since Kim explicitly teaches that they may be added.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A CORNO JR whose telephone number is (571)270-0745. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/J.A.C/ Examiner, Art Unit 1722
/ANCA EOFF/ Primary Examiner, Art Unit 1722