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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/26/2025 has been entered.
DETAILED ACTION
This Office Action is responsive to the amendment filed on 6/26/2025. Claims 1-21 are pending. Applicant’s arguments have been considered. Claims 1-21 are non-finally rejected for reasons below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 20, 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The Specification does not support that the silicon particles are distributed throughout the binder. The Specification paragraph [0025] state that the silicon particles are distributed throughout the composite material film, not the binder.
The instant Specification states:
[0025] In some embodiments, one or more of the electrodes is a silicon-dominant electrode. In some embodiments, the electrode comprises a self-supporting composite material film. In some embodiments, the composite material film comprises greater than 0 % and less than about 90 % by weight of silicon particles, and greater than 0 % and less than about 90 % by weight of one or more types of carbon phases, wherein at least one of the one or more types of carbon phases is a substantially continuous phase that holds the composite material film together such that the silicon particles are distributed throughout the composite material film. (emphasis added)
Applicant is required to cancel the new matter in reply to this Office Action.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1, 2, 7-11, 20, 21 are rejected under 35 U.S.C. 103(a) as being unpatentable over Kimura (US 2002/0182492) in view of Li (CN 111370656).
Regarding claim 1, 2, Kimura discloses a battery cell comprising:
a cathode;
a separator;
an electrolyte; and
an anode;
wherein the anode comprises a current collector and active material on the current collector;
Regarding claims 1, 2, the electrolyte comprises 0.02 to 0.1 mL/cm2 of the anode that participates in an electrochemical reaction, Kimura discloses example 1 shows 0.024 mL/cm2 of electrolyte per negative electrode surface area. See Table 1.
Regarding claims 1, 2, Kimura does not disclose wherein the anode active material layer comprises a composite material; wherein the composite material comprises at least 50% by weight of silicon particles distributed throughout the composite material [0060]. Regarding claim 20, Kimura does not disclose the composite material comprises a pyrolyzed binder; and silicon particles distributed throughout the pyrolyzed binder. Regarding claim 21, Kimura does not disclose the active material layer comprises a binder and silicon particles distributed throughout the binder. Kimura discloses a negative electrode active material comprising lithium, lithium alloy, an element that can be alloyed with lithium, such as silicon, and a carbonaceous material [0021, 0022]. Li teaches a silicon-carbon composite material comprising a first two-dimensional carbon nanomaterial layer, a two-dimensional silicon nanomaterial layer, and a second two-dimensional carbon nanomaterial layer stacked from top to bottom [0014]. The high electrical conductivity, high chemical and mechanical stability of carbon nanomaterials also further promotes the electron/lithium ion transport properties of the material, overall, it exhibits excellent charge-discharge specific capacity and cycle stability [0015]. The weight percentage of silicon in the composite is between 50-80 wt% [0016]. The surface of the silicon nanomaterial layer is modified with carbonized dispersant to form a two-dimensional carbon coating layer [0022, 0023]. The abundant functional groups on the functional groups on the surface of the two-dimensional carbon nanomaterials are used to achieve uniform composite with two-dimensional carbon nanomaterials are used to achieve uniform composite with two-dimensional silicon materials through electrostatic interaction [0033]. The carbon nanomaterial would relieve the volume expansion of silicon during charging and discharging process, as well as to improve the structure and interface stability of the material [0015].
It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the silicon-carbon composite of Li in the battery of Kimura, as taught by Li, for the benefit of having good high electrical conductivity, high chemical and mechanical stability of carbon nanomaterials, promoting electron/lithium ion transport properties of the material, and having overall excellent charge-discharge specific capacity and cycle stability.
Regarding claim 2, wherein the one or more types of carbon phases hold the composite material together such that the silicon particles are distributed throughout the composite material, it is noted that the two-dimensional carbon nanomaterials achieve uniform composite with two-dimensional silicon material through electrostatic interaction [0033], and hence “hold together” the composite material.
Regarding claim 7, a porosity of the active material layer is below 70%, regarding claim 8, a porosity of the active material layer is below 60%, regarding claim 9, a porosity of the active material layer is below 50%, regarding claim 10, a porosity of the active material layer is below 40%, regarding claim 11, a porosity of the active material layer is below 30%, Li discloses the invention can not only relieve the volume expansion of silicon during the charging and discharging process, but also effectively avoid The destruction of carbon components and other components can improve the structure and interface stability of the material; it can also make full contact between silicon and carbon, promote the electron/lithium ion transport performance, and greatly improve the lithium storage performance of the material; at the same time, the two-dimensional The high electrical conductivity, high chemical and mechanical stability of carbon nanomaterials also further promotes the electron/lithium ion transport properties of the material; overall, it exhibits excellent charge-discharge specific capacity and cycle stability [0015]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to form the silicon carbon composite of Li to minimize any porosity for the benefit of making full contact between silicon and carbon, thereby promoting the electron/lithium ion transport performance.
Claims 3-6 are rejected under 35 U.S.C. 103(a) as being unpatentable over Kimura (US 2002/0182492) in view of Li (CN 111370656) as applied to claim 1, further in view of Minami (US 2012/0015238).
Regarding claim 3, wherein a ratio of the electrolyte to Ah is between 2 g/Ah and 10 g/Ah, regarding claim 4, the ratio of the electrolyte to Ah is between 2 g/Ah and 5 g/Ah, regarding claim 5, the ratio of the electrolyte between Ah is 2.4 g/Ah and 10 g/Ah, regarding claim 6, the ratio of the electrolyte to Ah is between 2.4 g/Ah and 5 g/Ah, Minami teaches when the mass of the non-aqueous electrolyte solution per cell capacity is too small, since the absolute amount of the non-aqueous electrolyte solution is small, shortage of the non-aqueous electrolyte solution is likely to occur also in this case. Shortage of the non-aqueous electrolyte solution is more likely to occur especially under a low temperature condition in which viscosity of non-aqueous electrolyte solution increases, and therefore the cycle characteristic under a low temperature condition is significantly deteriorated. For the above reasons, the mass of the non-aqueous electrolyte solution per cell capacity is set to 10 g/Ah or more [0024]. On the other hand, when the mass of the non-aqueous electrolyte solution per cell capacity is around 12 g/Ah, the effect of improving cycle characteristics at a low temperature almost reaches the maximum. In this situation, if the mass of the non-aqueous electrolyte solution increases more than the above value, weight energy density decreases. For the above reasons, the mass of the non-aqueous electrolyte solution per cell capacity is limited to 12 g/Ah or less [0025]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to adjust the amount of the electrolyte per cell capacity of Kimura, in view of Minami, for the benefit of forming an efficient battery.
Further, Minami discloses when the mass of the non-aqueous electrolyte solution per cell capacity is around 12 g/Ah, the effect of improving cycle characteristics at a low temperature almost reaches the maximum [0025]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to adjust the upper limit of the electrolyte amount until the improvement reaches a maximum depending on a given battery.
Further, Kimura discloses in a flat-shaped nonaqueous electrolyte battery with the conventional structure, the amount of an electrolytic solution per area of an opposing surface of the negative electrode (the area on the side opposing the positive electrode) that is required for designing a battery is about 40 to 50 .mu.l/cm2. On the other hand, in the flat-shaped nonaqueous electrolyte battery of the present invention, an increase in the capacity ratio of the negative electrode reduces a charge depth or a discharge depth of the negative electrode during the charge-discharge cycles, and in particular, a degradation of the negative electrode in the case of using the lithium alloy is suppressed. Thus, the battery can function sufficiently even with a small electrolytic solution amount of about 10 to 40 .mu.l/cm2 [0050]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to lower the amount of the ratio of the mass of the non-aqueous electrolyte solution per cell capacity of Minami of between 10 g/Ah to 12 g/Ah due to suppression of the negative electrode degradation present in Kimura’s battery.
Claims 12-19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Kimura (US 2002/0182492) in view of Li (CN 111370656) as applied to claim 1, further in view of Zhamu (US 2017/0207484).
Regarding claim 12, a second ratio of a thickness of the current collector to a thickness of the active material layer is greater than 0.5, regarding claim 13, a second ratio of a thickness of the current collector to a thickness of the active material layer is over 0.66, Zhamu teaches the ratio of anode current collector thickness/anode active material layer thickness is typically 8/100-12/80 [0055]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to adjust the ratio of anode current collector thickness/anode active material layer thickness, as known in the art, depending on the desired current collection and anode capacity.
Regarding claim 14, a second ratio of a thickness of the current collector to a porosity-adjusted active material layer thickness of the active material layer is greater than 0.25, regarding claim 15, a second ratio of a thickness of the current collector to a porosity-adjusted active material layer thickness of the active material layer is greater than 0.33, regarding claim 16, a second ratio of a thickness of the current collector to a porosity-adjusted active material layer thickness of the active material layer is greater than 0.5, regarding claim 17, a second ratio of a thickness of the current collector to a porosity-adjusted active material layer thickness of the active material layer is greater than 0.6, regarding claim 18, a second ratio of a thickness of the current collector to a porosity-adjusted active material layer thickness of the active material layer is greater than 1, regarding claim 19, a second ratio of a thickness of the current collector to a porosity-adjusted active material layer thickness of the active material layer is greater than 1.3, it is noted that the limitation “pore-adjusted” has been interpreted as a product-by-process limitation. It has been considered but was not given patentable weight because the courts have held that the method of forming the product is not germane to the issue of patentability of the product itself. “[Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from the product of prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113.
Further, Li discloses the invention can not only relieve the volume expansion of silicon during the charging and discharging process, but also effectively avoid The destruction of carbon components and other components can improve the structure and interface stability of the material; it can also make full contact between silicon and carbon, promote the electron/lithium ion transport performance, and greatly improve the lithium storage performance of the material; at the same time, the two-dimensional The high electrical conductivity, high chemical and mechanical stability of carbon nanomaterials also further promotes the electron/lithium ion transport properties of the material; overall, it exhibits excellent charge-discharge specific capacity and cycle stability [0015]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to form the silicon carbon composite of Li to minimize any porosity for the benefit of making full contact between silicon and carbon, thereby promoting the electron/lithium ion transport performance.
Response to Arguments
Arguments filed 6/26/2025 are addressed below:
Applicant asserts Li’s silicon-carbon composite confines its silicon to a two-dimensional nanomaterial layer sandwiched between an upper carbon layer and a lower carbon layer. Thus, Li’s silicon-carbon composite material lacks silicon particles that are distributed throughout the composite material.
In response, Li teaches that the silicon carbon composite material, conductive carbon black are mixed with sodium alginate to prepare a slurry, and coated on a current collector [0061], and hence the silicon particle is mixed throughout the anode mixture slurry.
Regarding claim 2, wherein the one or more types of carbon phases hold the composite material together such that the silicon particles are distributed throughout the composite material, it is noted that the two-dimensional carbon nanomaterials achieve uniform composite with two-dimensional silicon material through electrostatic interaction [0033], and hence “hold together” the composite material.
Applicant asserts a modified Kimura negative electrode would incur huge volume changes during charging and discharging cycles and such volume changes would place great mechanical stress upon the seal formed by the metal container, sealing plate, and gasket, which would ultimately lead to failure of the seal and leakage of the electrolyte (page 8 of Arguments).
In response, Li teaches that the carbon components would relieve the volume expansion of silicon during charging and discharging process, as well as to improve the structure and interface stability of the material [0015], and hence would not lead to the failure of Kimura’s battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751