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 07/27/2025 does not place the application in condition for allowance.
The rejection of claims 1-3 and 5-9 under 35 U.S.C. 103 is maintained and the cancelation of claims 4 have been acknowledged.
Response to Arguments
Regarding the rejection of claim 4 in the previous office action, applicant argues Zhamu discloses the cited polymer act as binders but that they do not “form a structure composed of aggregated particles having a defined shape with inter-particle voids configured to be filled with lithium metal or a lithium alloy as recited in the claims.” The examiner notes the claim limitation requires an agglomeration of particles (from claim 1) wherein the particles comprise the polymers of claim 4. As shown in Fig. 3 of Zhamu and presented in the rejection of claims 1 and 4 of the previous office action, the polymer/binder of Zhamu is present within the agglomeration of particles as required by the claim, therefore the arguments are not persuasive and the basis of the rejection is maintained.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 5, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhamu et. al. (US20210151741) and supporting evidence by El-Shall et. al. (US20210060522A1).
Regarding claim 1, Zhamu discloses an anode for a lithium secondary battery (abstract), comprising:
a composite comprising:
a structure having a predetermined shape (i.e. ball) by agglomerating a plurality of particles (i.e. graphene sheets and binder/polymer, ¶[0067], Fig. 3); and
a lithium metal or a lithium alloy filled in a space between the particles in the structure (i.e. lithium attracting metal and Li metal ¶[0067] and ¶[0023]),
wherein the particles comprise at least one of poly (3,4-ethylenedioxythiophene)-poly(styrenesulfonate) (PEDOT-PSS)(¶[0149]) or poly(vinylidene fluoride) (PVDF) (¶[0157]). Additionally Zhamu discloses other polymers may be used including polyacrylonitrile (PAN), poly(methyl methacrylate) (PMMA), poly(ethylene oxide) (PEO), or any combination thereof (¶[0020]).
Regarding claim 2, Zhamu discloses an anode according to claim 1, wherein the particles comprise sheet-type particles (i.e. graphene sheets, ¶[0067]),
Regarding claim 3, Zhamu discloses an anode according to claim 1, wherein the particles comprise at least one of graphene, graphene oxide, and reduced graphene oxide (¶[0096]).
Regarding claim 5, Zhamu discloses an anode according to claim 1, wherein a surface of the particles is substituted with a functional group, and the functional group comprises at least one of a hydroxyl group, a carboxyl group and carbonyl groups, which are present when graphene oxide is used as one of the particles (¶[0140]-[0141] see graphene oxide particles of Zhamu) as evidenced by El-Shall (¶[0047] and ¶[0109]).
Regarding claim 9, Zhamu discloses an anode according to claim 1, A lithium secondary battery, comprising:
a cathode;
the anode of claim 1;
a separator interposed between the cathode and the anode (see lithium battery cell with cathode and separator made with graphene balls, ¶[0102]); and
an electrolyte impregnated in the separator (see electrolyte impregnated electrode layer (¶[0102]) and porous separator where electrolyte may enter (¶[0150]).
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.
Claims 6, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu et. al. (US20210151741).
Regarding claim 6, Zhamu discloses an anode according to claim 1, wherein a size of the particles ranges from about 400 nm to about 4 μm (in this case 5 nm to 100 µm graphene sheet particles, ¶[0067]).
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.
Regarding claim 7, Zhamu discloses an anode according to claim 1, but does not disclose a specific material wherein the lithium alloy comprises lithium and at least one of magnesium (Mg), silicon (Si), tin (Sn), aluminum (Al), germanium (Ge), bismuth (Bi), antimony (Sb), or any combination thereof.
However Zhamu does teach wherein the lithium alloy comprises lithium and an additional metal chosen from a list including magnesium (Mg), tin (Sn), aluminum (Al), or a combination thereof (¶[0067]).
One of ordinary skill in the art would recognize choosing a lithium alloy which comprises lithium and Mg, Sn, and/or Al would provide an effective anode according to the invention of Zhamu.
Therefore, it would have been obvious to one of ordinary skill in the art to have selected the lithium alloy of Zhamu to provide an effective anode.
Regarding claim 8, Zhamu discloses an anode according to claim 1, wherein a size of the composite ranges from about 400 nm to about 4 μm (in this case 100 nm to 20 µm composite balls, ¶[0067]).
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.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN J. ARMSTRONG whose telephone number is (703)756-1243. The examiner can normally be reached Monday-Friday 10 am-6 pm EST.
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/K.J.A./Examiner, Art Unit 1726 /RYAN S CANNON/Primary Examiner, Art Unit 1726