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 .
Response to Amendment
The amendment filed on 07/28/2026 does not place the application in condition for allowance.
In view of the amendment to claims 18 and 19 the rejection of claims 18-26 under U.S.C. 103 has been withdrawn.
The cancellation of claim 22 is acknowledged.
Response to Arguments
Applicant’s arguments with respect the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US20210249657) in view of Ikeuchi (US20210288326) and Chen et al(US20180013138A1).
Regarding claim 18, Shin discloses an anode with a current collector (¶[0073]) and active materials which may range in particle size from 1 nm to 1000 µm and includes a binder (¶[0042]) which may be a polymer which forms a network and therefore encloses the active material (¶[0058) and wherein the anode comprises up to 60% silicon(¶[0048]), but does not disclose an acid comprising oxalic acid, citric acid, maleic acid, tartaric acid, and 1,2,3,4- butanetetracarboxylic acid, ranging from about 0.01 to about 2 wt.%.
Ikeuchi, related to battery electrodes, teaches an auxiliary dispersant of citric and tartaric acid(¶[0094]) to enhance dispersibility of the active material of the electrode in a concentration of 0.01-5% by mass(¶[0121]).
One of ordinary skill in the art would have recognized adding the acid of Ikeuchi to the anode of Shin would have improved dispersibility.
Therefore it would have been obvious to add the acid of Ikeuchi to the anode of Shin to improve dispersibility.
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). MPEP §2144.05.
Shin further discloses wherein the at least one polymer comprises polyacrylonitrile (PAN)(¶[0058), but does not disclose cyclized PAN.
Chen, related to anodes for batteries, teaches the use of cyclized PAN(c-PAN) in place of PAN as a low cost option, which stabilizes a battery.
One of ordinary skill in the art would have recognized replacing PAN used in Shin with the c-PAN as taught by Chen would reduce cost and stabilize the battery.
Therefore it would have been obvious to have replaced the PAN used in Shin with the c-PAN as taught by Chen would reduce cost and stabilize the battery.
Claims 19-21, 23-24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US20210249657) in view of Dong et. al. (US20220393226) further in view of Ikeuchi (US20210288326) and Chen et al(US20180013138A1).
Regarding claim 19, Shin discloses an electrochemical device (i.e. energy storage device, ¶[0069]) including an anode with a current collector (¶[0073]) and active materials which may range in particle size from 1 nm to 1000 µm and includes a binder (¶[0042]) which may be a polymer which forms a network and therefore encloses the active material (¶[0058)) ) and wherein the anode comprises up to 60% silicon(¶[0048]), but does not disclose an acid comprising oxalic acid, citric acid, maleic acid, tartaric acid, and 1,2,3,4- butanetetracarboxylic acid, ranging from about 0.01 to about 2 wt.%.
Ikeuchi, related to battery electrodes, teaches an auxiliary dispersant of citric and tartaric acid(¶[0094]) to enhance dispersibility of the active material of the electrode in a concentration of 0.01-5% by mass(¶[0121]).
One of ordinary skill in the art would have recognized adding the acid of Ikeuchi to the anode of Shin would have improved dispersibility.
Therefore it would have been obvious to add the acid of Ikeuchi to the anode of Shin to improve dispersibility.
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). MPEP §2144.05.
Shin further discloses a electrolyte which may be a dual-salt electrolyte including LiPF6 (¶[0076]) and may include an additive(¶[0078]). Shin does not disclose wherein the lithium salt LiFSI or the solvent fluoroethylene carbonate is used.
Dong, related to dual-salt electrolytes, teaches an electrolyte containing LiPF6 and LiFSI lithium salts with the aprotic solvent fluoroethylene carbonate (i.e. FEC)(see table 5, E13-15) and also teaches additives may be included in the electrolyte (¶[0063]).
One of ordinary skill in the art would have recognized using the electrolyte salts and solvent of Dong in place of the electrolyte of Shin would have provided a low gassing electrolyte which improves cell production (¶[0088]).
Therefore, it would have been obvious to one of ordinary skill in the art to have used the electrolyte of Dong in place of the electrolyte of Shin to reduce gas production and improve cell production.
Shin further discloses wherein the at least one polymer comprises polyacrylonitrile (PAN)(¶[0058), but does not disclose cyclized PAN.
Chen, related to anodes for batteries, teaches the use of cyclized PAN(c-PAN) in place of PAN as a low-cost option which stabilizes a battery.
One of ordinary skill in the art would have recognized replacing PAN used in Shin with the c-PAN as taught by Chen would reduce cost and stabilize the battery.
Therefore it would have been obvious to have replaced the PAN used in Shin with the c-PAN as taught by Chen would reduce cost and stabilize the battery.
Regarding claim 20, modified Shin discloses an electrochemical energy storage device according to claim 19, wherein the plurality of active material particles are silicon particles (¶[0047]).
Regarding claim 21, modified Shin discloses an electrochemical energy storage device according to claim 19, wherein the anode comprises one or more of graphite, hard-carbon, tin, and germanium particles mixed with the plurality of active material particles (¶[0085]).
Regarding claim 23, modified Shin discloses an electrochemical energy storage device according to claim 19, wherein the LiPF6 and LiFSI lithium salts are present in the range of from 0.4-1.2 M and 0.5-1.3 M respectively in the electrolyte solvents, which overlaps with the range of 10 to 30 wt. %, and the fluoroethylene carbonate is present in the range of from 5 to 25 wt. % of the electrolyte (see table 5, E13-15).
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). MPEP §2144.05.
Additionally, one of ordinary skill in the art would have recognized optimizing the concentration of lithium salts in the electrolyte solution would result in improved cycle life and thermal stability (¶0087]).
Therefore it would have been obvious to one of ordinary skill in the art to have optimized the electrolyte concentrations of Dong within the energy storage device of modified Shin to obtain improved cycle life and thermal stability.
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding claim 24, modified Shin discloses an electrochemical energy storage device according to claim 19, wherein the cathode comprises a lithium metal oxide, spinel, olivine, sulfur, or mixture thereof (¶[0082]).
Regarding claim 26, modified Shin discloses an electrochemical energy storage device according to claim 19, further comprising a porous separator separating the anode and cathode from each other (¶[0072]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Shin (US20210249657) in view of Ikeuchi (US20210288326), in view of Dong et. al. (US20220393226) and Chen et al(US20180013138A1) as applied to claim 19 and further in view of Kim (US20140199602A1).
Regarding claim 25, modified Shin discloses an electrochemical energy storage device according to claim 19, and Shin further discloses wherein the cathode is a transition metal oxide material (¶[008522]), but does not disclose an over-lithiated oxide material.
Kim, related to lithium battery cathode materials, teaches a positive electrode including an over-lithiated lithium transition metal oxide (¶[0013]) which provides the battery with high capacity and structural stability (¶[0042])
One of ordinary skill in the art would have recognized using the over-lithiated cathode material of Kim in place of the cathode material of Shin would have provided a battery with high capacity and structural stability.
Therefore, it would have been obvious to one of ordinary skill in the art to have used the over-lithiated cathode material of Kim in place of the cathode material of Shin to gain high capacity and structural stability.
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 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.
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/K.J.A./Examiner, Art Unit 1726 /RYAN S CANNON/Primary Examiner, Art Unit 1726
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