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 December 2, 2025 has been entered but does not place the application in condition for allowance. Claims 1-20 remain pending in the application. The amendments to claim 1 and 8 overcome the 35 U.S.C. 102(a)(1) rejection in the last office action filed June 2, 2025, and the amendment to claim 14 overcomes the 35 U.S.C. 103 rejection in the last office action filed June 2, 2025. New rejections follow.
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.
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.
Claims 1-6, 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al (US 20200251726, published Aug 6, 2020, referred to herein as Yao ‘726) over Tanjo et al (US 20020028380 A1).
Regarding claim 1, Yao ‘726 teaches an electrochemical cell 300 [Fig. 4, reproduced below with annotations, ¶ 0089] comprising:
A cathode including (multilayered electrode 302 can be a cathode or an anode [¶ 0089]):
A second current collector 306 [¶ 0089],
A first cathode active material layer 330 layered onto the second current collector 306 [Fig. 4; ¶ 0089], the first cathode active material comprising a first plurality of active material particles adhered together by a first binder (Yao ‘726 teaches that the first active material includes particles with a particle size distribution which would have a first plurality of active material particles [¶ 0097]; although Yao ‘726 does not expressly describe use of a binder within the first cathode active material within the embodiment of Fig. 4, Yao ‘726 teaches in [¶ 0119] that it is a suitable option to have first active material particles held together by a first binder, and therefore a skilled artisan would have found it an obvious configuration based on direct suggestion),
the first plurality of active material particles having a first average particle size (Yao ‘726 teaches that the first active material includes particles with a particle size distribution, which would have an average particle size such as a mean particle size, and the average size of the particle size distribution would correspond to a first average particle size [¶ 0097, 0106]), and
A second cathode active material layer 332 layered onto the first cathode active material [Fig. 4; ¶ 0089], the second cathode active material comprising a second plurality of active material particles adhered together by a second binder (Yao ‘726 teaches that the second active material includes particles with a particle size distribution which would have a second plurality of active material particles [¶ 0097]; although Yao ‘726 does not expressly describe use of a binder within the second cathode active material within the embodiment of Fig. 4, Yao ‘726 teaches in [¶ 0119] that it is a suitable option to have second active material particles held together by a second binder, and therefore a skilled artisan would have found it an obvious configuration based on direct suggestion),
the second plurality of active material particles having a second average particle size (Yao teaches that the second active material includes particles with a particle size distribution, which would have an average particle size such as a mean particle size, and the average size of the particle size distribution would correspond to a second average particle size [¶ 0097, 0106]); and
A separator 312 [¶ 0089] disposed between the anode and the cathode (Yao ‘726 describes the position of a separator between two electrodes that may be a cathode and an anode [¶ 0056]);
Wherein the first average particle size is greater than the second average particle size [¶ 0097, 0106].
Annotated Fig. 4 of Yao:
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Yao ‘726 does not expressly teach in the embodiment of Fig. 4 an anode including a first current collector. However, Yao ‘726 does disclose that an anode can be used along with a cathode in an electrochemical cell and also discloses that a first electrode and a second electrode, one of which may correspond to an anode and the other to a cathode [¶ 0056], may each include a current collector substrate [¶ 0007], thereby directly suggesting that an anode can include a current collector, which would correspond to the claimed first current collector.
Yao ‘726 does not teach lithium metal, wherein the lithium metal is configured to act as an anode active material.
In the same field of endeavor, Tanjo teaches use of metal lithium as the anode [Example 5; ¶ 0081]. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the electrochemical cell of Yao ‘726 with lithium metal for the anode active material as taught by Tanjo given that lithium metal is a suitable material for the intended use.
Regarding claim 8, Yao ‘726 teaches an electrochemical cell 300 [Fig. 4, ¶ 0089] comprising:
A cathode including (multilayered electrode 302 can be a cathode or an anode [¶ 0089]):
A second current collector 306 [¶ 0089],
A first cathode active material layer 330 layered onto the second current collector 306 [Fig. 4; ¶ 0089], the first cathode active material comprising a first plurality of active material particles adhered together by a first binder (Yao ‘726 teaches that the first active material includes particles with a particle size distribution which would have a first plurality of active material particles [¶ 0097]; although Yao ‘726 does not expressly describe use of a binder within the first cathode active material within the embodiment of Fig. 4, Yao ‘726 teaches in [¶ 0119] that it is a suitable option to have first active material particles held together by a first binder, and therefore a skilled artisan would have found it an obvious configuration based on direct suggestion),
the first plurality of active material particles having a first average particle size (Yao ‘726 teaches that the first active material includes particles with a particle size distribution, which would have an average particle size such as a mean particle size, and the average size of the particle size distribution would correspond to a first average particle size [¶ 0097, 0106]), and
A second cathode active material layer 332 layered onto the first cathode active material [Fig. 4; ¶ 0089], the second cathode active material comprising a second plurality of active material particles adhered together by a second binder (Yao ‘726 teaches that the second active material includes particles with a particle size distribution which would have a second plurality of active material particles [¶ 0097]; although Yao ‘726 does not expressly describe use of a binder within the second cathode active material within the embodiment of Fig. 4, Yao ‘726 teaches in [¶ 0119] that it is a suitable option to have second active material particles held together by a second binder, and therefore a skilled artisan would have found it an obvious configuration based on direct suggestion),
the second plurality of active material particles having a second average particle size (Yao teaches that the second active material includes particles with a particle size distribution, which would have an average particle size such as a mean particle size, and the average size of the particle size distribution would correspond to a second average particle size [¶ 0097, 0106]); and
A separator 312 [¶ 0089] disposed between the anode and the cathode (Yao ‘726 describes the position of a separator between two electrodes that may be a cathode and an anode [¶ 0056]);
Wherein the first average particle size is greater than the second average particle size [¶ 0097, 0106].
Yao ‘726 does not expressly teach in the embodiment of Fig. 4 an anode including a first current collector. However, Yao ‘726 does disclose that an anode can be used along with a cathode in an electrochemical cell and also discloses that a first electrode and a second electrode, one of which may correspond to an anode and the other to a cathode [¶ 0056], may each include a current collector substrate [¶ 0007], thereby directly suggesting that an anode can include a current collector, which would correspond to the claimed first current collector.
Yao ‘726 does not teach lithium metal, wherein the lithium metal is configured to act as an anode active material.
In the same field of endeavor, Tanjo teaches use of metal lithium as the anode [Example 5; ¶ 0081]]. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the electrochemical cell of Yao ‘726 with lithium metal for the anode active material as taught by Tanjo given that lithium metal is a suitable material for the intended use.
Given that lithium is used as the anode material in the combination of prior art, the discharging and the consequent stripping off of the lithium metal layer from the current collector is expected to result in contact between the first (anode) current collector and the separator, given that the separator is disposed between the anode and the cathode, and the lithium ions embedded into the cathode would inherently reside in its constituent first and second cathode active material layers. The forming of the ultra-thin lithium metal thin film on the anode electrode current collector during charging reads on the electroplating of the lithium metal anode layer onto the first current collector, and would inherently result in the layer being disposed between the first current collector and the separator. Therefore, the combination meets the limitations of the claim.
Regarding claims 2 and 9, the combination above teaches the electrochemical cell of claim 1 and claim 8, and Yao ‘726 further teaches the first active material of the first layer (which would correspond to the material of the first plurality of active material particles) comprises one or more of NMC, NCA, LCO, or LMO, wherein NMC (corresponding to lithium nickel manganese cobalt oxide [¶ 0034], which comprises nickel manganese cobalt) and LCO (corresponding to lithium cobalt oxide [¶ 0038]) [¶ 0104] are claimed species.
Regarding claims 3 and 10, the combination above teaches the electrochemical cell of claim 2 and claim 8, and Yao ‘726 further teaches the second active material of the second layer (which would correspond to the material of the second plurality of active material particles) comprises LFP (corresponding to lithium iron phosphate [¶ 0035]) [¶ 0104], which is a claimed species.
Regarding claims 4 and 11, the combination above teaches the electrochemical cell of claim 1 and claim 8. Yao ‘726 of the combination teaches multilayered electrode 302, which can be a cathode, can be constructed such that the first layer has a lower solid state diffusivity than the second layer, wherein the first layer is defined adjacent to the current collector [¶ 0096, 0104, Fig. 4]. According to the equation for tortuosity τ in the instant application (spec p6 line 18), the tortuosity is inversely proportional to the effective diffusion coefficient Deff, i.e. diffusivity, therefore a tortuosity of the second cathode active material layer is less than a tortuosity of the first cathode active material layer.
Regarding claim 5, the combination above teaches the electrochemical cell of claim 1. Tanjo of the combination teaches an embodiment wherein a porosity, or pore volume, of the second cathode active material layer (20B) is greater than a pore volume of the first cathode active material layer (20A) [Fig. 3, ¶ 0051]. Tanjo further teaches such a configuration in which the two active material layers have different porosities increases power density without sacrificing the energy density ([0054], [0056] lines 11-16), it would have been prima facie obvious to a skilled artisan to have modified the modified electrochemical cell of Yao ‘726 to have a pore volume of the second cathode active material layer be greater than a pore volume of the first cathode active material layer in order to increase power density without sacrificing the energy density.
Regarding claims 6 and 12, the combination above teaches the electrochemical cell of claim 1 and claim 8. Within the embodiment of Fig. 4, Yao ‘726 teaches a separator 312 that is a liquid-permeable [¶ 0007] film permeated with electrolyte 310. Although Yao ‘726 does not explicitly teach a liquid electrolyte in the embodiment of Fig. 4, they teach in [¶ 0060] the electrolyte can include a liquid solvent and a solute of dissolved ions and enables the transport of ions between the cathode and the anode, and that the separator enables the movement of ions within the electrolyte and between each of the electrodes [¶ 0061], thereby directly suggesting the separator is permeated with liquid electrolyte in order to perform its function.
Yao ‘726 does not teach the separator is a porous polyolefin film.
Tanjo of the combination further teaches the separator can be a porous polyolefin film ([0041]). Tanjo also teaches that void portions in the active material layers are filled with electrolytic solution ([0046]) and that lithium ions of the rechargeable lithium ion battery migrate to the positive electrode via the electrolyte from the negative electrode at time of discharging ([0046]), thereby suggesting the porous separator disposed between the anode and the cathode facilitates the flow of liquid electrolyte between the electrodes, as is consistent with use of the separator within modified Yao ‘726. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). A person of ordinary skill in the art would have found it obvious to have used a separator that is a porous polyolefin film, and the combination of prior art teaches the limitation that the separator is a porous polyolefin film permeated with liquid electrolyte.
Claims 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al (US 20200251726, published Aug 6, 2020, referred to herein as Yao ‘726) over Tanjo et al (US 20020028380 A1) as applied to claim 1, and further in view of Yao et al (US 10727464 B1, published July 28, 2020, referred to herein as Yao ‘464).
Regarding claims 7 and 13, the combination above teaches the electrochemical cell of claim 1 and the electrochemical cell of claim 8, but it does not teach the electrochemical cell further comprising an integrated ceramic separator layered onto the cathode, the integrated ceramic separator comprising a plurality of inorganic particles adhered together by a third binder.
In the same field of endeavor Yao ‘464 is relied upon to teach (Fig. 2) an integrated separator layer (204) comprising of particles layered onto active cathode material (202), the integrated ceramic separator (204) comprised of inorganic particles (250) such as aluminum oxide adhered together by a binder, as claimed (Col 7: lines 66-67; Col 8: lines 1-7). Yao further discloses that use of an integrated separator layer may maintain mechanical integrity of an electrochemical cell including the electrode during charging and discharging processes, decrease interfacial resistance while increasing ion mobility through the electrode, and it increases resistance to shrinking upon reaching elevated temperatures, such as in a thermal runaway event (Col 10: lines 26-40; Col 20: lines 7-18). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the modified electrochemical cell of Yao ‘726 to use the integrated separator layer as taught by Yao ‘464 to benefit from its improved mechanical integrity during charging and discharging processes, reduced interfacial resistance while increasing ion mobility through the electrode, and its increased resistance to shrinking upon reaching elevated temperatures as observed in a thermal runaway event.
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al (US 10727464 B1, published July 28, 2020, referred to herein as Yao ‘464) in view of Yao et al (US 20200251726, published Aug 6, 2020, referred to herein as Yao ‘726) and Tanjo et al (US 20020028380 A1).
Yao ‘464 teaches (Fig. 1) an electrochemical cell comprising an anode (104) including a first current collector (108) and an anode active material, and a cathode (102) including a second current collector layer and a first cathode active material layer layered onto the second current collector (106). Yao ‘464 discloses in Fig. 4 an embodiment of an integrated ceramic separator coating with a multilayered electrode, wherein the electrode (300) comprises of a first active material layer (304) layered on the second current collector (320) and a second active material layer (302) layered onto the first cathode active material layer (304), wherein the first cathode active layer comprises a first plurality of active material particles adhered together by a first binder, and a second cathode active material layer comprises a second plurality of active material particles adhered together by a second binder, and an integrated ceramic separator layer (306) layered onto the second cathode active material layer, the integrated ceramic separator layer comprising a plurality of inorganic ceramic separator particles adhered together by a third binder (Col 11: lines 6-26). Yao ‘464 discloses (Fig. 5) a method (400) for making an electrode material composite that can have more than one electrode layers and states that the composite electrode can be a cathode suitable for inclusion within an electrochemical cell (Col 14: lines 9-12; Col 15: lines 6-8). Therefore, the first active material layer and the second active material layer taught by Yao ‘464 corresponds to the claimed first cathode active material layer and the second cathode active material layer, respectively.
Yao ‘464 does not teach wherein the first average particle size of the first plurality of active material particles is greater than the second average particle size of the second plurality of active material particles. Yao ‘464 also does not teach the anode includes a lithium metal.
In the same field of endeavor, Yao ‘726 teaches a first plurality of active material particles having a first average particle size and a second plurality of active material particles having a second average particle size (Yao ‘726 teaches that the first active material and the second active material each includes particles with a particle size distribution; therefore, each has an average particle size such as a mean particle size, and the average size of the first particle size distribution and the average size of the second particle size distribution would correspond to a first average particle size and a second average particle size, respectively [¶ 0097, 0106, Fig. 4]); and Yao ‘726 further teaches wherein the first average particle size is greater than the second average particle size [¶ 0097, 0106, Fig. 4]. Yao ‘726 discloses that a lithium ion battery having a cathode with a layered configuration similar to that of electrode 302 is capable of exhibiting increased charge rate capability compared with a conventional lithium ion battery having a typical cathode with a substantially homogeneous microstructure throughout its thickness [¶ 0103]. A skilled artisan would have been motivated to modify the electrochemical cell of Yao ‘464 with the cathode design of Yao ‘726 such that the first average particle size is greater than the second average particle size for the advantages of increased charge rate capability compared with a conventional lithium ion battery having a typical cathode with a substantially homogeneous microstructure throughout its thickness, as taught by Yao ‘726.
In the same field of endeavor Tanjo teaches use of metal lithium as the anode (Example 5; [¶ 0081]). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the modified electrochemical cell of Yao ‘464 with lithium metal for the anode active material as taught by Tanjo given that lithium metal is a suitable material for the intended use.
Regarding claim 15, the combination above teaches the electrochemical cell of claim 14, and Yao ‘464 further teaches that the integrated separator layer (204, and applicable to integrated separator 304) may comprise of inorganic particles and binders including polyolefin materials with a porous structure (Col 8: lines 30-35). The inorganic particles can be ceramic particles (Col 8: lines 19-20). Yao ‘464 further teaches that the separator physically partitions the space between cathode and anode to prevent shorting between them (Col 5 lines 28-30; Col 7 lines 4-7); therefore, the taught integrated separator layer reads on the claimed porous polyolefin separator disposed between the cathode and the anode.
Regarding claim 16, the combination above teaches the electrochemical cell of claim 14, and Yao ‘464 further teaches that the integrated separator layer (204, and applicable to integrated separator 304) may comprise of inorganic particles and binders including polyolefin materials with a porous structure (Col 8: lines 30-35). The inorganic particles can be ceramic particles such as aluminum oxide, silicon oxides, and zirconia, which are solid oxides (Col 8: 19-20, lines 2-7). Yao ‘464 discloses that the integrated separator layer maintains permeability to a charge carrier such as a lithium-ion containing electrolyte (Col 4: lines 27-31), and further teaches that the separator physically partitions the space between cathode and anode to prevent shorting between them (Col 5 lines 28-30; Col 7 lines 4-7); therefore, the taught integrated separator layer reads on the claimed solid oxide-based lithium-ion conductor separator disposed between the cathode and the anode.
Regarding claim 17, the combination above teaches the electrochemical cell of claim 14, and Yao ‘726 and Yao ‘464 both teach an electrolyte disposed throughout the electrodes enables the transport of ions between cathode and anode (Yao ‘726: [¶ 0061-0062]; Yao ‘464: Col 5: lines 22-24), and the first cathode active material layer and the second cathode active material layer are shown to be comprised of particles and interstitial pores (Yao ‘726: ¶ 0062 and Fig. 13; Yao ‘464: Fig. 4). Yao ‘464 also discloses that the integrated separator layer maintains permeability to the electrolyte. Therefore, the taught electrochemical cell of modified Yao ’464 reads on the claimed limitation that pores of the first cathode active material layer and the second cathode active material and the integrated ceramic separator layer are filled with electrolyte.
Regarding claim 18, the combination above teaches the electrochemical cell of claim 14 and Yao ‘464 further teaches (Fig. 4) an interlocking region (314) disposed between and binding (adhering) the second cathode active material layer (302) and the integrated ceramic separator layer (306) (Col 11: lines 36-39).
Regarding claim 19, the combination above teaches the electrochemical cell of claim 14 and Yao ‘464 further teaches (Fig. 4) an interlocking region (316, 318) disposed between and binding (adhering) the first cathode active material layer (304) and the second cathode active material layer (302) (Col 11: lines 40-48).
Regarding claim 20, the combination above teaches the electrochemical cell of claim 14, and Tanjo of the combination teaches an embodiment wherein a porosity, or pore volume, of the second cathode active material layer (20B) is greater than a pore volume of the first cathode active material layer (20A) [Fig. 3, ¶ 0051]. Tanjo further teaches such a configuration in which the two active material layers have different porosities increases power density without sacrificing the energy density ([0054], [0056] lines 11-16), it would have been prima facie obvious to a skilled artisan to have modified the modified electrochemical cell of Yao ‘464 to have a pore volume of the second cathode active material layer be greater than a pore volume of the first cathode active material layer in order to increase power density without sacrificing the energy density, as taught by Tanjo.
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al (US 20200251726, published Aug 6, 2020, referred to herein as Yao ‘726) in view of Yao et al (US 10727464 B1, published July 28, 2020, referred to herein as Yao ‘464) and Tanjo et al (US 20020028380 A1).
Regarding claim 14, Yao ‘726 teaches an electrochemical cell 300 [Fig. 4, ¶ 0089] comprising:
A cathode including (multilayered electrode 302 can be a cathode or an anode [¶ 0089]):
A second current collector 306 [¶ 0089],
A first cathode active material layer 330 layered onto the second current collector 306 [Fig. 4; ¶ 0089], the first cathode active material comprising a first plurality of active material particles adhered together by a first binder (Yao ‘726 teaches that the first active material includes particles with a particle size distribution which would have a first plurality of active material particles [¶ 0097]; although Yao ‘726 does not expressly describe use of a binder within the first cathode active material within the embodiment of Fig. 4, Yao ‘726 teaches in [¶ 0119] that it is a suitable option to have first active material particles held together by a first binder, and therefore a skilled artisan would have found it an obvious configuration based on direct suggestion),
the first plurality of active material particles having a first average particle size (Yao ‘726 teaches that the first active material includes particles with a particle size distribution, which would have an average particle size such as a mean particle size, and the average size of the particle size distribution would correspond to a first average particle size [¶ 0097, 0106]), and
A second cathode active material layer 332 layered onto the first cathode active material [Fig. 4; ¶ 0089], the second cathode active material comprising a second plurality of active material particles adhered together by a second binder (Yao ‘726 teaches that the second active material includes particles with a particle size distribution which would have a second plurality of active material particles [¶ 0097]; although Yao ‘726 does not expressly describe use of a binder within the second cathode active material within the embodiment of Fig. 4, Yao ‘726 teaches in [¶ 0119] that it is a suitable option to have second active material particles held together by a second binder, and therefore a skilled artisan would have found it an obvious configuration based on direct suggestion),
the second plurality of active material particles having a second average particle size (Yao teaches that the second active material includes particles with a particle size distribution, which would have an average particle size such as a mean particle size, and the average size of the particle size distribution would correspond to a second average particle size [¶ 0097, 0106]); and
A separator 312 [¶ 0089] disposed between the anode and the cathode (Yao ‘726 describes the position of a separator between two electrodes that may be a cathode and an anode [¶ 0056]);
Wherein the first average particle size is greater than the second average particle size [¶ 0097, 0106].
Yao ‘726 does not expressly teach in the embodiment of Fig. 4 an anode including a first current collector. However, Yao ‘726 does disclose that an anode can be used along with a cathode in an electrochemical cell and also discloses that a first electrode and a second electrode, one of which may correspond to an anode and the other to a cathode [¶ 0056], may each include a current collector substrate [¶ 0007], thereby directly suggesting that an anode can include a current collector, which would correspond to the claimed first current collector.
Yao ‘726 does not teach lithium metal, wherein the lithium metal is configured to act as an anode active material. They also do not teach an integrated ceramic separator layered onto the second cathode active material layer, the integrated separator layer comprising a plurality of inorganic ceramic separator particles adhered together by a third binder.
In the same field of endeavor, Tanjo teaches use of metal lithium as the anode (Example 5; [¶ 0081]). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the electrochemical cell of Yao ‘726 with lithium metal for the anode active material as taught by Tanjo given that lithium metal is a suitable material for the intended use.
In the same field of endeavor Yao ‘464 is relied upon to teach (Fig 2) an integrated separator layer (204) comprising of particles layered onto active cathode material (202), the integrated ceramic separator (204) comprised of inorganic particles (250) such as aluminum oxide adhered together by a binder, as claimed (Col 7: lines 66-67; Col 8: lines 1-7). Yao further discloses that use of an integrated separator layer may maintain mechanical integrity of an electrochemical cell including the electrode during charging and discharging processes, decrease interfacial resistance while increasing ion mobility through the electrode, and it increases resistance to shrinking upon reaching elevated temperatures, such as in a thermal runaway event (Col 10: lines 26-40; Col 20: lines 7-18). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the modified electrochemical cell of Yao ‘726 to use the integrated separator layer as taught by Yao ‘464 to benefit from its improved mechanical integrity during charging and discharging processes, reduced interfacial resistance while increasing ion mobility through the electrode, and its increased resistance to shrinking upon reaching elevated temperatures as observed in a thermal runaway event.
Regarding claim 15, the combination above teaches the electrochemical cell of claim 14, and Yao ‘464 further teaches that the integrated separator layer (204, and applicable to integrated separator 304) may comprise of inorganic particles and binders including polyolefin materials with a porous structure (Col 8: lines 30-35). The inorganic particles can be ceramic particles (Col 8: lines 19-20). Yao further teaches that the separator physically partitions the space between cathode and anode to prevent shorting between them (Col 5 lines 28-30; Col 7 lines 4-7); therefore, the taught integrated separator layer reads on the claimed porous polyolefin separator disposed between the cathode and the anode.
Regarding claim 16, the combination above teaches the electrochemical cell of claim 14, and Yao ‘464 further teaches that the integrated separator layer (204, and applicable to integrated separator 304) may comprise of inorganic particles and binders including polyolefin materials with a porous structure (Col 8: lines 30-35). The inorganic particles can be ceramic particles such as aluminum oxide, silicon oxides, and zirconia, which are solid oxides (Col 8: 19-20, lines 2-7). Yao ‘464 discloses that the integrated separator layer maintains permeability to a charge carrier such as a lithium-ion containing electrolyte (Col 4: lines 27-31), and further teaches that the separator physically partitions the space between cathode and anode to prevent shorting between them (Col 5 lines 28-30; Col 7 lines 4-7); therefore, the taught integrated separator layer reads on the claimed solid oxide-based lithium-ion conductor separator disposed between the cathode and the anode.
Regarding claim 17, the combination above teaches the electrochemical cell of claim 14, and Yao ‘726 and Yao ‘464 both teach an electrolyte disposed throughout the electrodes enables the transport of ions between cathode and anode (Yao ‘726: [¶ 0061-0062]; Yao ‘464: Col 5: lines 22-24), and the first cathode active material layer and the second cathode active material layer are shown to be comprised of particles and interstitial pores (Yao ‘726: ¶ 0062 and Fig. 13; Yao ‘464: Fig. 4). Yao ‘464 also discloses that the integrated separator layer maintains permeability to the electrolyte. Therefore, the taught electrochemical cell of modified Yao ‘726 reads on the claimed limitation that pores of the first cathode active material layer and the second cathode active material and the integrated ceramic separator layer are filled with electrolyte.
Regarding claim 18, the combination above teaches the electrochemical cell of claim 14 and Yao ‘464 further teaches (Fig. 4) an interlocking region (314) disposed between and binding (adhering) the second cathode active material layer (302) and the integrated ceramic separator layer (306) (Col 11: lines 36-39). Yao ‘464 teaches that the interlocking layer created by the interpenetration of the electrode layer and the separator layer may provide the advantages of reducing interfacial resistance and increasing ion mobility through the electrode, and preventing crust formation on active material surface of electrode which may impede flow of ions (Col 4: lines 35-40). A skilled artisan would have found it obvious to have modified the modified electrochemical cell of Yao ‘726 to further comprise an interlocking region disposed between and adhering the second cathode active material layer and the integrated ceramic separator layer for the benefits of reducing interfacial resistance and increasing ion mobility through the electrode, and preventing crust formation on active material surface of electrode which may impede flow of ions, as taught by Yao ‘464.
Regarding claim 19, the combination above teaches the electrochemical cell of claim 14 and Yao ‘464 further teaches (Fig. 4) an interlocking region (316, 318) disposed between and binding (adhering) the first cathode active material layer (304) and the second cathode active material layer (302) (Col 11: lines 40-48). Yao ‘464 further teaches the interlocking region between the first cathode active material and the second cathode active material may serve to bind the first and second active material layers together (Col 11: lines 45-48). A skilled artisan would have found it obvious to have modified the modified electrochemical cell of Yao ‘726 to further comprise an interlocking region disposed between and adhering the first cathode active material layer and the second cathode active material layer, because Yao ‘464 teaches it is a known configuration that provides the benefit of binding the first and second active material layers together.
Regarding claim 20, the combination above teaches the electrochemical cell of claim 14. Tanjo of the combination teaches an embodiment wherein a porosity, or pore volume, of the second cathode active material layer (20B) is greater than a pore volume of the first cathode active material layer (20A) [Fig. 3, ¶ 0051]. Tanjo further teaches such a configuration in which the two active material layers have different porosities increases power density without sacrificing the energy density ([0054], [0056] lines 11-16), it would have been prima facie obvious to a skilled artisan to have modified the modified electrochemical cell of Yao ‘726 to have a pore volume of the second cathode active material layer be greater than a pore volume of the first cathode active material layer in order to increase power density without sacrificing the energy density, as taught by Tanjo.
Response to Arguments
Applicant’s arguments with respect to the prior art rejections in the Office Action filed December 2, 2025 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.
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.
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/G.L.L./Examiner, Art Unit 1726
/BACH T DINH/Primary Examiner, Art Unit 1726 02/26/2026