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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/17/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendment filed on 06/17/2026 has been entered. Claim 1 has been amended and Claims 1, 3-5, 7-14 and 16-21 are pending.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 7-13 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (Using Mixed Salt Electrolytes to Stabilize Silicon Anodes for Lithium Ion Batteries via in Situ Formation of Li−M−Si Ternaries (M = Mg, Zn, Al, Ca), ACS Appl. Mater. Interfaces 2019, 11, 29780−29790), hereinafter "Han" in view of Takami (US 20080241689 A1), hereinafter "Takami". Han and Takami et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely coating of electrodes.
In regard to Claims 1 and 16-21 Han et al. discloses a method of forming a protective layer on an electrode, the method comprising: in an electrochemical cell comprising a first electrode comprising a lithium intercalation compound also having a nickel content and wherein the electrochemical cell further comprises a source of lithium wherein the source of lithium is contained within the first electrode and wherein the electrochemical cell further comprises a liquid electrolyte (Han, Pg 29781-29782), performing the steps of: applying one or more formation cycles to a second electrode comprising a current collector which is free from any lithium, the one or more formation cycles comprising: charging the second electrode at a first current to a voltage of greater than or equal to 4.4 V (4.5V) and discharging the second electrode at a second current to a voltage of less than 4.4 V (3.0V) (Han, Pg 29782, 29787, Figure 6). Han et al. also discloses forming a protective layer comprising magnesium during the one or more formation cycles on at least a portion of a surface of the second electrode (Han, Abstract) wherein the thickness of the second electrode is 9µm which reasonably results in a protective layer less than 9µm (Han, Pg 29782). Han discloses Mg co-insertion into the silicon anode during lithiation and formation of an Mg containing surface interfacial phase with possible MgO/Mg containing species in the electrodes SEI (Han, 29785), which would reasonably include Mg contacting the current collector after formation, it is silent as to the current collector also comprising Mg. Further, while Han discloses two variations of cathode material comprising Nickel it is silent as to the Nickel being 70at% relative to other transition metals. However, the skilled artisan would be well aware of current collectors comprising Mg with high nickel cathodes in a cell as taught in Takami et al. which discloses a beneficial current collector alloyed with Mg which achieves a higher strength than a standard current collector (Takami, [0052]) and a positive electrode active material comprising Ni greater than 70at% compared with other transition metals (Takami, [0081]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a high nickel positive active material with a current collector comprising Mg as taught in Takami as the positive active material and current collector in Han as doing so would give the skilled artisan the reasonable expectation of achieving the benefits taught in Takami and as doing so would amount to nothing more than the use of known material to improve similar devices (methods, or products) in the same way.
In regard to Claims 7-8 and 11-13, Han in view of Yamada discloses the method of claim 1. Han et al. also discloses a C/20 charging/discharging rate and further applies one or more subsequent cycles, different from the formation cycles, wherein a voltage of the first electrode and/or the second electrode does not exceed 4.4 V, performing greater than or equal to one formation cycle or less than or equal to ten formation cycles wherein the one or more formation cycles occurs on or within the first 10 charge/discharge cycles of the first electrode and/or the second electrode (Han, 29787-29788).
In regard to Claims 9-10, Han in view of Yamada discloses the method of claim 1. Han et al. also discloses a constant voltage hold after lithiation during which current tapers to a cutoff such as C/50 which is necessarily a discharge that is a different rate than charging and faster than the terminal tapered current during charging (Han, Figures S3-S12, 29786, 29788) and controlling the charge discharge rate is a result effective variable well within the realm of routine optimization for the skilled artisan.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (Using Mixed Salt Electrolytes to Stabilize Silicon Anodes for Lithium Ion Batteries via in Situ Formation of Li−M−Si Ternaries (M = Mg, Zn, Al, Ca), ACS Appl. Mater. Interfaces 2019, 11, 29780−29790), hereinafter "Han" in view of Takami (US 20080241689 A1), hereinafter "Takami". Han and Takami et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely coating of electrodes.
In regard to Claim 3, Han et al. discloses a method of forming a protective layer on an electrode, the method comprising: in an electrochemical cell comprising a first electrode comprising a lithium intercalation compound also having a nickel content (Han, Pg 29782), performing the steps of: applying one or more formation cycles to a second electrode comprising a current collector, the one or more formation cycles comprising: charging the second electrode at a first current to a voltage of greater than or equal to 4.4 V (4.5V) and discharging the second electrode at a second current to a voltage of less than 4.4 V (3.0V) (Han, Pg 29782, 29787, Figure 6).
Han et al. also discloses forming a protective layer comprising magnesium during the one or more formation cycles on at least a portion of a surface of the second electrode (Han, Abstract). Han discloses Mg co-insertion into the silicon anode during lithiation and formation of an Mg containing surface interfacial phase with possible MgO/Mg containing species in the electrodes SEI (Han, 29785), which would reasonably include Mg contacting the current collector after formation, it is silent as to the current collector also comprising Mg.
Further, while Han discloses two variations of cathode material comprising Nickel it is silent as to the Nickel being 70at% relative to other transition metals. However, the skilled artisan would be well aware of current collectors comprising Mg with high nickel cathodes in a cell as taught in Takami et al. which discloses a beneficial current collector alloyed with Mg which achieves a higher strength than a standard current collector (Takami, [0052]) and a positive electrode active material comprising Ni greater than 70at% compared with other transition metals (Takami, [0081]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a high nickel positive active material with a current collector comprising Mg as taught in Takami as the positive active material and current collector in Han as doing so would give the skilled artisan the reasonable expectation of achieving the benefits taught in Takami and as doing so would amount to nothing more than the use of known material to improve similar devices (methods, or products) in the same way.
Further, Han et al. also discloses wherein the second electrode comprises a current collector and a separator between the first electrode and the second electrode (Han, 29782). The original specification discloses a source of lithium between the cathode (first electrode) and separator may be provided from within the first electrode itself (Original Specification [0040]), because the first electrode comprises lithium in the active material in Han, it by definition provides a source of lithium within as evidenced by the lithiation disclosed in Han, and because the separator contacts the first electrode in Han the source is provided between the first electrode and separator which is substantially similar with the structure of the original specification. Further, an average thickness of lithium between the second electrode and the separator is provided at less than or equal to 30 µm in Han, as a thickness of lithium = 0µm in Han which is by definition less than 30 µm and is consistent with the lithium source being provided by the LiNi containing first electrode itself.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (Using Mixed Salt Electrolytes to Stabilize Silicon Anodes for Lithium Ion Batteries via in Situ Formation of Li−M−Si Ternaries (M = Mg, Zn, Al, Ca), ACS Appl. Mater. Interfaces 2019, 11, 29780−29790), hereinafter "Han" in view of Takami (US 20080241689 A1), hereinafter "Takami". Han and Takami et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely coating of electrodes.
In regard to Claim 4, Han et al. discloses a method of forming a protective layer on an electrode, the method comprising: in an electrochemical cell comprising a first electrode comprising a lithium intercalation compound also having a nickel content (Han, Pg 29782), performing the steps of: applying one or more formation cycles to a second electrode comprising a current collector, the one or more formation cycles comprising: charging the second electrode at a first current to a voltage of greater than or equal to 4.4 V (4.5V) and discharging the second electrode at a second current to a voltage of less than 4.4 V (3.0V) (Han, Pg 29782, 29787, Figure 6).
Han et al. also discloses forming a protective layer comprising magnesium during the one or more formation cycles on at least a portion of a surface of the second electrode and the protective layer further comprising a lithium compound (Han, Abstract, Pg 29782) and wherein the thickness of the second electrode is 9µm which reasonably results in a protective layer less than 9µm (Han, Pg 29782). Han discloses Mg co-insertion into the silicon anode during lithiation and formation of an Mg containing surface interfacial phase with possible MgO/Mg containing species in the electrodes SEI (Han, 29785), which would reasonably include Mg contacting the current collector after formation, it is silent as to the current collector also comprising Mg. Further, while Han discloses two variations of cathode material comprising Nickel it is silent as to the Nickel being 70at% relative to other transition metals.
However, the skilled artisan would be well aware of current collectors comprising Mg with high nickel cathodes in a cell as taught in Takami et al. which discloses a beneficial current collector alloyed with Mg which achieves a higher strength than a standard alumunum current collector (Takami, [0052]) and a positive electrode active material comprising Ni greater than 70at% compared with other transition metals (Takami, [0081]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a high nickel positive active material with a current collector comprising Mg as taught in Takami as the positive active material and current collector in Han as doing so would give the skilled artisan the reasonable expectation of achieving the benefits taught in Takami and as doing so would amount to nothing more than the use of known material to improve similar devices (methods, or products) in the same way.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (Using Mixed Salt Electrolytes to Stabilize Silicon Anodes for Lithium Ion Batteries via in Situ Formation of Li−M−Si Ternaries (M = Mg, Zn, Al, Ca), ACS Appl. Mater. Interfaces 2019, 11, 29780−29790), hereinafter "Han" in view of Takami (US 20080241689 A1), hereinafter "Takami" as applied to claim 1 above and further in view of Wang et al. (US 20200243824 A1), hereinafter "Wang". Han, Takami and Wang et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely coating of electrodes.
In regard to Claim 5, Han in view of Yamada discloses the method of claim 1. While Han discloses a lithium compound in the protective layer, and LiPF6 in the electrolyte which typically contribute LiF during SEI formation, it is silent as to the layer comprising LiF.
Wang et al. discloses a protective layer comprising LiF formed by cycling which has the benefit of effectively protecting the lithium anode against dendrite formation (Wang, [0089-0090]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a protective layer comprising LiF as taught in Wang et al. as doing so would give the skilled artisans the reasonable expectation of achieving the benefits taught in Wang and as doing so would amount to nothing more than applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (Using Mixed Salt Electrolytes to Stabilize Silicon Anodes for Lithium Ion Batteries via in Situ Formation of Li−M−Si Ternaries (M = Mg, Zn, Al, Ca), ACS Appl. Mater. Interfaces 2019, 11, 29780−29790), hereinafter "Han" in view of Takami (US 20080241689 A1), hereinafter "Takami" as applied to claim 1 above and further in view of Yakovleva et al. (US 20210273220 A1), hereinafter "Yakovleva". Han, Takami and Yakovleva et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely coating of electrodes.
In regard to Claim 14, Han in view of Yamada discloses the method of claim 1. Han et al. also discloses a temperature of 30C during charging but is silent as to heating the cell during formation cycles however, the skilled artisan would be well aware of a method of heating the cell during formation cycles as taught in Yakovleva et al. which discloses forming a protective layer on the anode and discloses two specific examples of a temperature of 45°C and 60°C during formation cycles, which are both greater than or equal to 40 °C and teaches the benefit of producing a SEI layer within a shorter period of time compared to baseline cells. (Yakovleva, [0080-0081]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a temperature above 40°C during the formation cycle as taught in Yakovleva as doing so would give the skilled artisan the reasonable expectation of achieving the benefits taught in Yakovleva and as doing so would amount to nothing more than a variation of temperature for use in the same field based on design incentives or other market forces, as the variations are predictable to one of ordinary skill in the art.
Double Patenting
Applicants request to hold the provisional nonstatutory double patenting rejection of record regarding Claims 1, 3-15, and 18-20 over Claims 1-12, 15-16, and 18-20 of copending Application No.17/942,489 in abeyance is acknowledged. However, the double patenting rejection will only be withdrawn if and when the requirements are met.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-4 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
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/K.M.O./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
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