DETAILED CORRESPONDENCE
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
Applicant’s amendment, filed 04/29/2026, has been entered. Claim 1 has been amended. Claim 16 has been cancelled. Claims 1-15 and 17-20 are now pending in this application.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claim 1-2, 13-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US-20210280854-A1) in view of Hoshina (US-20170271663-A1).
Regarding claim 1,
Kwon teaches an electrochemical cell (Fig. 2C; 1; [0076] [0123]), comprising:
a first electrode (Fig. 2C, 12; [0076] [0123]) comprising a lithium intercalation compound (see [0081], wherein the positive electrode has material capable of reversibly absorbing lithium ions, thus an intercalation compound) having a nickel content ([0055] and claim 7) of greater than or equal to 70 at% ([0055] and claim 7; wherein 80-98 mol% converts to 80-98 at% in Formula 5 [0050-0052]; which is within the claimed range) relative to other transition metals in the lithium intercalation compound ([0050-0055], wherein the relation is to the other compounds in Formula 5);
a second electrode (Fig. 2C; 20; [0118] [0123]) comprising a current collector (Fig. 2C, 21; [0076], [0123]);
and a separator (Fig. 2C; 30; [0076] [0123]) between the first electrode 20 and the second electrode 12,
and a protective layer ([0083], “coating layer”, wherein any coating layer may be a protective layer) on (see page 10 of specification, which describes the term “on” to include portions not directly contacting, and https://www.thefreedictionary.com/on, used to indicate proximity) at least a portion of a surface of the second electrode (Fig. 2C, 20 in proximity to the coating layer described in [0083]), wherein the protective layer comprises a magnesium compound ([0083], “compound of a coating element…coating element for the coating layer may be magnesium (Mg)”).
However, Kwon fails to teach a second electrode with magnesium on at least a portion of a surface of the current collector.
Hoshina teaches a second electrode (Hoshina; [0061] negative electrode which is second to a first positive electrode [0062]) with magnesium [0060] on at least a portion of a surface (see [0060] wherein a current collector alloyed with Mg has Mg on at least a portion of its surface) of the current collector ([0060], “negative electrode current collector”). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to alloy the negative electrode current collector 21 with Mg, as suggested by Hoshina, in order to reduce weight [0093] and improve contact resistance [0097].
Regarding claim 2,
Kwon teaches an electrochemical cell (Fig. 2C; 1; [0076] [0123]), comprising:
a first electrode (Fig. 2C, 12; [0076] [0123]) comprising a lithium intercalation compound (see [0081], wherein the positive electrode has material capable of reversibly absorbing lithium ions, thus an intercalation compound) having a nickel content ([0055] and claim 7) of greater than or equal to 70 at% (([0055] and claim 7; wherein 80-98 mol% converts to 80-98 at% in Formula 5 [0050-0052]; which is within the claimed range) relative to other transition metals in the lithium intercalation compound ([0050-0055], wherein the relation is to the other compounds in Formula 5);
a second electrode (Fig. 2C; 20; [0118], [0123]) comprising a current collector (Fig. 2C, 21; [0076], [0123]);
a separator (Fig. 2C; 30; [0076] [0123]) between the first electrode 20 and the second electrode 12;
and a protective layer ([0083], “coating layer”, wherein any coating layer may be a protective layer) adjacent to the second electrode (Fig. 2C, wherein all the layers of 1 are adjacent to each other), wherein the protective layer [0083] comprises a magnesium ([0083], “Mg”) compound [0083], “compound of a coating element…coating element for the coating layer may be magnesium (Mg)”, and wherein the protective layer [0083] has an average thickness of less than or equal to 10 um ([0066]; less than 100 nm or .1 um and greater than .1 nm, which is entirely within the claimed range).
However, Kwon fails to teach a second electrode with magnesium on at least a portion of a surface of the current collector.
Hoshina teaches a second electrode (Hoshina; [0061] negative electrode which is second to a first positive electrode [0062]) with magnesium [0060] on at least a portion of a surface (see [0060] wherein a current collector alloyed with Mg has Mg on at least a portion of its surface) of the current collector ([0060], “negative electrode current collector”). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to alloy the negative electrode current collector 21 with Mg, as suggested by Hoshina, in order to reduce weight [0093] and improve contact resistance [0097].
Regarding claim 13,
Kwon in view of Hoshina teaches the electrochemical cell 1 of claim 1 (see rejection of claim 1 above), wherein the magnesium compound (see 112(b) rejection above; see [0083]) comprises MgO (see [0083] “coating layer may include at least one compound of a coating element selected from…an oxide…of the coating element…the coating element for the coating layer may be Mg”, thus MgO)
Regarding claim 14,
Kwon in view of Hoshina teaches the electrochemical cell 1 of claim 1 (see rejection of claim 1 above), wherein the protective layer [0083] further comprises a lithium compound ([0083], “Li…compound”).
Regarding claim 15,
Kwon in view of Hoshina teaches the electrochemical cell 1 of claim 1 (see rejection of claim 1 above), wherein the protective layer ([0083], “coating layer”) comprises a lithium compound [0085] comprising Li2O ([0085], “Li2O”).
Regarding claim 17,
Kwon in view of Hoshina teaches the electrochemical cell 1 of claim 1 (see rejection of claim 1 above), but fails to teach wherein the second electrode 20 is free of lithium. However, in another embodiment, Kwon teaches wherein the second electrode 20 is free of lithium (Fig. 2A, 20; [0120, “22 may be, for example, Li-free regions”). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to remove layers 23’ and 24 of Fig. 2C to obtain the structure of 2A in order to simply manufacturing and reduce material cost, and because Kwon teaches 2A as an acceptable embodiment of the invention [0076].
Regarding claim 18,
Kwon in view of Hoshina teaches the electrochemical cell 1 of claim 1 (see rejection of claim 1 above), wherein the protective layer ([0083], “coating layer”; wherein any coating layer is a protective layer) has an average thickness of less than or equal to 10 um ([0066]; less than 100 nm or .1 um and greater than .1 nm, which is entirely within the claimed range).
Regarding claim 19,
Kwon in view of Hoshina teaches the electrochemical cell 1 of claim 1 (see rejection of claim 1 above), further comprising a source of lithium (Fig. 2C, 12; see [0079-0083]wherein the positive electrode contains Li and is thus a source of lithium for the battery).
Regarding claim 20,
Kwon in view of Hoshina teaches the electrochemical cell 1 of claim 1 (see rejection of claim 1 above), wherein the first electrode 12 comprises a source of lithium (Fig. 2C, 12; see [0079-0083] wherein the positive electrode contains Li and is thus a source of lithium for the battery).
Response to Arguments
Applicant's arguments filed 04/29/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art fails to teach “a protective layer on at least a portion of a surface of the second electrode” because the coating layer of [0083] is on a different electrode. However, this is not persuasive based on applicant’s own lexicography of the term “on”, see page 10 of the instant specification, which can include members not directly contacting. This is consistent with the broadest reasonable interpretation of on, used to indicate proximity, such that the coating layer of [0083] may be interpreted as “on” both the first and second electrode, thus including at least a portion a surface of the second electrode.
Applicant argues that all claims should be allowed based off the deficiency above which is not cured by any other reference. However, this is not persuasive, as the rejections on all claims has been sustained.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ryu (US-20230044623-A1), relevant to a positive electrode containing a high nickel content.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL WYROUGH whose telephone number is (571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
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/PAUL CHRISTIAN ST WYROUGH/ Examiner, Art Unit 1723 /TIFFANY LEGETTE/ Supervisory Patent Examiner, Art Unit 1723
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