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 .
Claims 1-21 remain in the application.
Considering the amendment filed 2/23/25, the 35 USC 103 rejections have been withdrawn. However, the following rejections have been necessitated by the amendment.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Brambilla et al. (2020/0227211) in combination with WO 2020/144298 and Rampel et al. (5,064,735) (a) in combination with Ma et al. (2014/0332731) or (b) in combination with Dai et al. (2010/0059706) or Sawada et al. (10/998,551).
Brambilla et al. (2020/0227211) teaches a composite electrode includes an active storage layer including a network of carbon nanotubes defining void spaces and a carbonaceous material located in the void spaces and bound by the network of carbon nanotubes in forming energy storage devices (abstract). Brambilla et al. (2020/0227211) teaches the composite electrode useful in ultracapacitors or capacitors [0093]-[0095].
Brambilla et al. (2020/0227211) fails to teach the active material in the void spaces to be silicon and not carbonaceous material.
WO 2020/144298 teaches a similar composite electrode whereby a segregated network of carbon nanotubes is formed with a particulate active material therein whereby the particulate active material can include carbon material such as graphite and graphene as well as micron sized silicon powder (abstract and pg. 5, lines 6-13).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Brambilla et al. (2020/0227211) process to substituted silicon for the carbon materials in the carbon nanotube network as taught by WO 2020/144298 with the expectation of forming an anode.
Brambilla et al. (2020/0227211) in combination with WO 2020/144298 fail to teach a polymeric additive including polyamide, modified polyamide or derivative of polyamide.
Rampel et al. (5,064,735) teaches an electrode material including polyamide dispersed within the electrochemically active material which serves as an anti-agglomerant retarding cadmium agglomeration during use of electrode (col. 3, lines 38-41).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Brambilla et al. (2020/0227211) in combination with WO 2020/144298 electrode to include polyamide therein as taught by Rampel et al. (5,064,735) with the expectation of preventing agglomeration of the active material.
Brambilla et al. (2020/0227211) in combination with WO 2020/144298 and Rampel et al. (5,064,735) fails to teach the claimed weight ratio of first and second carbon nanotubes to be 2:1.
(a)Ma et al. (2014/0332731) teaches mixing a polymeric binder including polyamide with CNT network and am active material along with a polymeric binder including polyamide for use as electrode in lithium ion batteries (abstract, Fig.1, [0032]-[0034] and [0059]-[0061]. Ma et al. (2014/0332731) teaches a ratio of carbon nanotube(a) to carbon nanotubes (B) of 7:3 which would equate to 2.33:1 which would meet the claimed “about 2:1”.
(b) Dai et al. (2010/0059706) teaches forming cathode materials including first and second carbon nanotubes whereby the ratio of these is 2-10:1 (abstract and [0007]) or Sawada et al. (10/998,551) teaches forming electrode material having first (A) and second (B) carbon materials whereby the weight ratio of A/B is from 0.01:100 which would be inclusive of 2:1 (abstract).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Brambilla et al. (2020/0227211) in combination with WO 2020/144298 and Rampel et al. (5,064,735) electrode to have the claimed 2:1 ratio of first and second carbon nanotubes as evidenced by either Ma et al. (2014/0332731) or (b) in combination with Dai et al. (2010/0059706) or Sawada et al. (10/998,551)with the expectation of providing improved packing f the electrode materials to produce improved electrode device.
Regarding claims 1-3, WO 2020/144298 teaches the active material to include a silicon powder and this can include micron sized silicon powder (abstract and pg. 5, lines 6-13). Both Rampel et al. (5,064,735) and Ma et al. (2014/0332731) teach adding the polymeric binder including polyamide along with the CNT’s and electrode active material in forming paste which would meet the claimed “surface treatment” as they would all be mixed together, and the polyamide binder would increase adhesion of the active material with the CNT network.
Regarding clams 4 and 5, WO 2020/144298 teaches the active material to include 90-99.9 wt% and therefore would meet the claimed greater than 50% or greater than 80% since the active material can include only silicon.
Regarding 6 and 7, WO 2020/144298 teaches allowing expansion of the network and silicon particles to avoid electrode cracking (pg. 26, lines 10)
Regarding claims 8-10,12-14 and 16, Brambilla et al. (2020/0227211) teaches the carbon nanotube network can comprise SMNT, DWNT, MWNT or mixtures thereof which would meet the claimed first and second set of carbon nanotubes which have differing properties [0035].
Regarding claim 11, WO 2020/144298 teaches particulate active material include cathode materials such as NMC, LCO, NCA, etc. (col. 5, lines 6-13). Both Rampel et al. (5,064,735) and Ma et al. (2014/0332731) teach adding the polymeric binder including polyamide along with the CNT’s and electrode active material in forming paste which would meet the claimed “surface treatment” as they would all be mixed together, and the polyamide binder would increase adhesion of the active material with the CNT network.
Regarding claim 15, Brambilla et al. (2020/0227211) teaches SWNT and MWNT and wt% of less than 10wt% which would be inclusive or overlapping ranges [0035],[0048].
Regarding claims 17 and 19, Brambilla et al. (2020/0227211) teaches the carbon nanotube network to have from less than 10wt% to 1 wt% or less [0048].
Regarding claim 20, Brambilla et al. (2020/0227211) teaches the CNT network can include bundles, clusters or aggregates which would be entangle [0035] or interconnected [0049].
Regarding claim 21, Brambilla et al. (2020/0227211) teaches MWNT and SWNT and hence would inherently swell at differing amounts due to the different nanotube materials.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Brambilla et al. (2020/0227211) in combination with WO 2020/144298 and Rampel et al. (5,064,735) (a) in combination with Ma et al. (2014/0332731) or (b) in combination with Dai et al. (2010/0059706) or Sawada et al. (10/998,551) further in combination with WO 2020/197673.
Features detailed above concerning the teachings of Brambilla et al. (2020/0227211) in combination with WO 2020/144298 and Rampel et al. (5,064,735) (a) in combination with Ma et al. (2014/0332731) or (b) in combination with Dai et al. (2010/0059706) or Sawada et al. (10/998,551) are incorporated here.
Brambilla et al. (2020/0227211) in combination with WO 2020/144298 and Rampel et al. (5,064,735) (a) in combination with Ma et al. (2014/0332731) or (b) in combination with Dai et al. (2010/0059706) or Sawada et al. (10/998,551) fails to teach the carbon nanotube network to have branched or entangles network of CNTs.
WO 2020/197673 teaches a carbon nanotube network that includes entangles CNTs which can be branched (abstract).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Brambilla et al. (2020/0227211) in combination with WO 2020/144298 and Rampel et al. (5,064,735) (a) in combination with Ma et al. (2014/0332731) or (b) in combination with Dai et al. (2010/0059706) or Sawada et al. (10/998,551) composite electrode to include carbon nanotube network being entangled and/or branched as taught by WO 2020/197673 with the expectation of similar success.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. US 2023/0178750 in view of WO 2020/144298.
The only difference between the instant application and the Application No. US 2023/0178750 application is the active material particle to be silicon (claims 1-11) and the electrode to be a cathode (claims 12-21).
This is a provisional nonstatutory double patenting rejection.
Response to Amendment
Applicant's arguments filed 2/23/26 have been fully considered but they are not persuasive.
Applicant argued prior art fails to teach the claimed carbon nanotube weight ratio of the first and second carbon nanotubes to be 2:1.
Ma et al. (2014/0332731) or (b) in combination with Dai et al. (2010/0059706) or Sawada et al. (10/998,551) teach this ratio as detailed above.
Applicant has requested to hold in abeyance the Double Patenting Rejection over US 2023/0178750 as neither case has bene issued or allowed.
Considering this stance, the Examiner has maintained the ODP rejection until the time at which the US 2023/0178750 is issued or allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Monday -Friday 7-4PM.
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/BRIAN K TALBOT/Primary Examiner, Art Unit 1712
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