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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 10, 2026 has been entered.
Response to Amendment
In response to the amendment received March 10, 2026:
Claims 1-2, 4-6, 10, 12-13, 16-17, 19-20, 22, 24, 26-27, 31-32, 34 and 36-40 are pending. Claims 3, 7-9, 11, 14-15, 18, 21, 23, 25, 28-30, 33 and 35 have been cancelled as per applicant’s request. Claims 31-32, 34 and 36-39 have been withdrawn.
The previous prior art rejection has been withdrawn. However a new prior art rejection has been made below using previously cited references.
Claim Rejections - 35 USC § 103
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 1-2, 4-5, 10, 12, 16-17, 19, 22, 24, 27 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2021/0408610) in view of Seki et al. (US 2019/0296344).
Regarding Claim 1, Hu et al. teaches a high voltage Zn-MnO2 battery (Para. [0020]) wherein the negative electrode is the zinc electrode (Para. [0008]) (i.e. a high-voltage zinc (Zn)-anode battery comprising an anode comprising an anode electroactive material, wherein the anode electroactive material consists essentially of a Zn electroactive material) and the MnO2 -is the positive electrode active material (Para. [0009]) (i.e. a cathode comprising a cathode electroactive material), an acid electrolyte (Fig. 1, #2) (i.e. a catholyte) in contact with a MnO2 electrode (Fig. 1, #2) (i.e. the cathode), wherein the acid electrolyte is not in contact with the zinc electrode (Fig. 1, #5) (i.e. the anode) and the alkaline electrolyte (Fig. 1, #4) (i.e. an anolyte) in contact with the zinc electrode (i.e. negative electrode), wherein the alkaline electrolyte is not in contact with the MnO2 electrode (i.e. wherein anolyte is not in contact with the cathode) wherein the alkaline electrolyte uses an alkaline gel electrolyte in the form of a solution (i.e. the anolyte comprises a first gelled electrolyte solution) (Para. [0056]) and the acidic electrolyte includes an acidic gel electrolyte (Para. [0058]) in the form of a solution (Para. [0067]) (i.e. wherein the catholyte comprises a second gelled electrolyte solution) and wherein a 2.45 V voltage is achieved (Para. [0040]) (i.e. wherein the high voltage Zn-anode battery is characterized by an average discharge potential of from 2 V to 5 V).
Hu et al. does not explicitly teach wherein the catholyte has a pH of less than 4 and wherein the anolyte has a pH of greater than 10.
However, Seki et al. teaches the pH of the electrolyte of the positive electrode is 1 to 7 and the pH of the electrolyte of the negative electrode side is from 7 to 14 (Para. [0107]) (i.e. wherein the catholyte has a pH overlapping with the claimed range of less than 4, and wherein the anolyte has pH overlapping with greater than 10).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu et al. to incorporate the teaching of the pH of the electrolyte of the positive electrode and the pH of the electrolyte of the negative electrode side, as taught by Seki et al., as such pH levels would prevent oxygen generation reaction in the catholyte and prevent hydrogen generation reaction from electrolysis which realizes a high electromotive force (Para. [0003], [0107]) and provides stable operation providing for satisfactory charge and discharge (Para. [0004]). 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).” See MPEP §2144.05(I).
Regarding Claim 2, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the battery comprises an ion exchange membrane (i.e. further comprising a separator (Fig. 1, #3) between the acid electrolyte (Fig. 1, #2) and the alkaline electrolyte (Fig. 1, #4) (i.e. a separator disposed between the anolyte and the catholyte) wherein the ion exchange membrane is a cation exchange membrane (Para. [0048], [0057]) (i.e. wherein the separator has ion-selective properties).
Regarding Claim 4, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above
Hu et al. further teaches the positive electrode is a MnO--2 electrode (Para. [0040]) (i.e. wherein the cathode electrode active material comprises manganese oxide).
Regarding Claim 5, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the MnO2 electrode (i.e. cathode) comprises graphite mixed with MnO2 powder (Para. [0068]) (i.e. comprises a conductive carbon wherein the conductive carbon is mixed with the cathode electroactive material, wherein the conductive carbon comprises graphite).
Hu et al. does not teach the cathode comprises a binder comprising MC, CMC, HPH, HPMC, HEMC, HEC, polyvinyl alcohol, TEFLON or a combination thereof as claimed.
However, Seki et al. teaches the positive electrode includes a positive electrode active layer which includes an electro-conductive agent and a binder (Para. [0074]) mixed with a positive electrode active material (Para. [0084]) wherein the electro-conductive agent is graphite (Para. [0082]) wherein the binder comprises carboxymethyl cellulose (Para. [0083]) (i.e. the cathode comprises a binder comprising CMC).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu et al. to incorporate the teaching of CMC binder, as such a binder can provide sufficient electrode strength (Para. [0084]).
Regarding Claim 10, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the MnO2- electrode (i.e. cathode) comprise 8 g MnO2 powder, 1 g of graphite powder, and 1 g of polyvinylidene fluoride added to 0.4 g of a 100 g/L sulfuric acid solution (Para. [0086]) and thus, at the very least contains about 80 wt% MnO2 [8/(8+1+1)] (i.e. 1-99 wt% of cathode electroactive material), at least about 10 wt% conductive carbon [1/(8+1+1])] (i.e. 1-99 wt% conductive carbon) and at least about 10nwt% polyvinylidene fluoride (i.e. 0-10 wt% of a binder) based on a total weight of the cathode). As no dopant amount is taught, this reads on 0 wt% of a dopant.
Regarding Claim 12, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the zinc electrode (i.e. anode) comprise graphite (i.e. conductive carbon) is mixed with zinc powder and polyvinylidene fluoride (Para. [0080]) (i.e. wherein the conductive carbon is mixed with the Zn electroactive material).
Hu et al. does not teach the anode comprises a binder comprising MC, CMC, HPH, HPMC, HEMC, HEC, polyvinyl alcohol, TEFLON or a combination thereof as claimed.
However, Seki et al. further teaches the negative electrode active material including negative electrode active material, electro-conductive agent and binder (Para. [0067]), wherein the electro-conductive agent includes carbon materials (Para. [0069]) (i.e. wherein the anode comprises conductive carbon and a binder), wherein the carbon materials include graphite (Para. [0069]) and the binder includes carboxymethyl cellulose (Para. [0070]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anode of Hu et al. to incorporate the teaching of CMC binder, as such a binder can provide sufficient electrode strength (Para. [0071]).
Regarding Claim 16, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the zinc electrode (i.e. anode) comprises 80 g of zinc powder (i.e. 80 wt% Zn electroactive material), 10 g of graphite (i.e. 10 wt% of a conductive carbon) and 10 g of polyvinylidene fluoride (i.e. 10wt% binder) (Para. [0080]). As no dopant is taught, this reads on 0 wt% dopant.
Regarding Claim 17, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the acidic electrolyte (i.e. wherein the catholyte comprises an acidic electrolyte) wherein the acid electrolyte comprises 10 g of sulfuric acid (i.e. the acidic electrolyte comprises sulfuric acid) in 100 mL water (i.e. about 1.02 M, as 10 g sulfuric acid = 0.102 mol and 0.102 mol /0.1 L = 1.02 M, within the claimed range of the acidic electrolyte is present in the catholyte in a concentration of between 0.1 M and 16 M).
Regarding Claim 19, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the acidic electrolyte (i.e. catholyte) comprises an additive which is manganese sulfate (Para. [0033]).
Regarding Claim 22, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the alkaline electrolyte (i.e. anolyte) comprises an additive including zinc oxide (i.e. the anolyte additive comprises zinc oxide) (Para. [0055]).
Regarding Claim 24, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 2 as explained above.
Hu et al. further teaches the ion exchange membrane is a cation exchange membrane (Para. [0048], [0057]) (i.e. wherein the separator comprises a cation exchange membrane).
Hu et al. does not explicitly teach an ion-selective gel.
However, teaches a separator disposed between the positive electrode and the negative electrode wherein the separator allows the electrolyte to be capable of migrating between the positive electrode and the negative electrode (i.e. the separator comprises an ion-selective material) (Para. [0112]) wherein the separator may have a NASICON-framework (Para. [0113]) wherein the gel-electrolyte is located (Para. [0124], [0087]) (i.e. the separator comprises an ion-selective gel; and wherein the ion-selective gel comprises NaSiCON).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu et al. to incorporate the teaching of the ion-selective gel as taught by Seki et al. as such a separator provides capability for the battery to be stored under high temperature and mechanical strength (Para. [0115]).
Regarding Claim 27, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. does not explicitly teach wherein the catholyte has a pH of less than 2 and wherein the anolyte has a pH of greater than 12.
However, Seki et al. teaches the pH of the electrolyte of the positive electrode is 1 to 7 and the pH of the electrolyte of the negative electrode side is from 7 to 14 (Para. [0107]) (i.e. wherein the catholyte has a pH overlapping with the claimed range of less than 4, and wherein the anolyte has pH overlapping with greater than 10).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu et al. to incorporate the teaching of the pH of the electrolyte of the positive electrode and the pH of the electrolyte of the negative electrode side as taught by Seki et al., as such pH levels would prevent oxygen generation reaction in the catholyte and prevent hydrogen generation reaction from electrolysis which realizes a high electromotive force (Para. [0003], [0107]) and provides stable operation providing for satisfactory charge and discharge (Para. [0004]). 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).” See MPEP §2144.05(I).
Regarding Claim 40, Hu et al. teaches a high voltage Zn-MnO2 battery (Para. [0020]) wherein the negative electrode is the zinc electrode (Para. [0008]) (i.e. a high-voltage zinc (Zn)-anode battery comprising an anode comprising an anode electroactive material, wherein the anode electroactive material consists of a Zn electroactive material) and the MnO2 -is the positive electrode active material (Para. [0009]) (i.e. a cathode comprising a cathode electroactive material), an acid electrolyte (Fig. 1, #2) (i.e. a catholyte) in contact with a MnO2 electrode (Fig. 1, #2) (i.e. the cathode), wherein the acid electrolyte is not in contact with the zinc electrode (Fig. 1, #5) (i.e. the anode) and the alkaline electrolyte (Fig. 1, #4) (i.e. an anolyte) in contact with the zinc electrode (i.e. negative electrode), wherein the alkaline electrolyte is not in contact with the MnO2 electrode (i.e. wherein anolyte is not in contact with the cathode) wherein the alkaline electrolyte uses an alkaline gel electrolyte in the form of a solution (i.e. the anolyte comprises a first gelled electrolyte solution) (Para. [0056]) and the acidic electrolyte includes an acidic gel electrolyte (Para. [0058]) in the form of a solution (Para. [0067]) (i.e. wherein the catholyte comprises a second gelled electrolyte solution) and wherein a 2.45 V voltage is achieved (Para. [0040]) (i.e. wherein the high voltage Zn-anode battery is characterized by an average discharge potential of from 2 V to 5 V).
Hu et al. does not explicitly teach wherein the catholyte has a pH of less than 4 and wherein the anolyte has a pH of greater than 10.
However, Seki et al. teaches the pH of the electrolyte of the positive electrode is 1 to 7 and the pH of the electrolyte of the negative electrode side is from 7 to 14 (Para. [0107]) (i.e. wherein the catholyte has a pH overlapping with the claimed range of less than 4, and wherein the anolyte has pH overlapping with greater than 10).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu et al. to incorporate the teaching of the pH of the electrolyte of the positive and the pH of the electrolyte of the negative electrode side, as taught by Seki et al., as such pH levels would prevent oxygen generation reaction in the catholyte and prevent hydrogen generation reaction from electrolysis which realizes a high electromotive force (Para. [0003], [0107]) and provides stable operation providing for satisfactory charge and discharge (Para. [0004]). 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).” See MPEP §2144.05(I).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2021/0408610) in view of Seki et al. (US 2019/0296344) as applied to claim 1 above, and further in view of Luo et al. (CN 110048119A). The English machine translation of Luo et al. is attached in a prior Office action and is referenced below.
Regarding Claim 6, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the MnO-2 electrode (i.e. cathode) comprises an additive (Para. [0061]).
Hu et al. does not teach wherein the cathode comprises an additive and/or dopant, and wherein the additive and/or dopant comprises bismuth, bismuth oxide, copper oxide, copper, indium, indium hydroxide, indium oxide, aluminum, aluminum oxide, nickel, nickel hydroxide, nickel oxide, silver, silver oxide, cobalt, cobalt oxide, cobalt hydroxide, lead, lead oxide, lead dioxide, quinones, or a combination thereof.
However, Luo et al. teaches a secondary battery (Para. [0026]) comprising a positive electrode additive (i.e. the cathode comprises an additive) which is at least one selected from the group of Pb (i.e. lead), In (i.e. indium), Bi (i.e. bismuth), and their oxides (i.e. indium oxide, lead oxide, bismuth oxide) (Para. [0015]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cathode of Hu et al. to incorporate the teaching of the additive which is at least one selected from the group of Pb (i.e. lead), In (i.e. indium), Bi (i.e. bismuth), and their oxides (i.e. indium oxide, lead oxide, bismuth oxide) as taught by Luo et al., as such an additive continuously ionizes metal ions, inhibits gas evolution, deformation and dendrite formation, further improving the cycle life of the battery (Para. [0059]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2021/0408610) in view of Seki et al. (US 2019/0296344) as applied to claim 1 above, and further in view of Lu (CN 106025284A). The English machine translation of Lu is attached and is referenced below.
Regarding Claim 13, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Seki et al. does not teach the anode comprises an additive and/or dopant, and wherein the additive and/or dopant comprises bismuth, bismuth oxide, indium, indium oxide, indium hydroxide, cetyltrimethylammonium bromide, sodium dodecyl sulfate, calcium hydroxide, sodium dodecylbenzene sulfonate, polyethylene glycol, zinc oxide, or a combination thereof.
However, Lu teaches a rechargeable battery (Para. [0002]) (i.e. a secondary battery) comprising a negative electrode additive (i.e. the anode comprises an additive) wherein the negative electrode additive is indium oxide, indium hydroxide, or calcium hydroxide (Para. [0012]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anode of Hu et al. to incorporate the teaching of a negative electrode additive which is indium oxide, indium hydroxide, or calcium hydroxide as taught by Lu, as such a negative electrode additive increases the cycle life of the battery and suppresses the amount of gas evolution (Para. [0014]).
Claim 20 and 26 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2021/0408610) in view of Seki et al. (US 2019/0296344) as applied to claim 1 above, and further in view of Yadav (US 2018/0323429), referred to hereinafter as Yadav ‘429.
Regarding Claim 20, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. further teaches the alkaline gel electrolyte (i.e. anolyte) comprises lithium hydroxide (Para. [0027]) (i.e. the anolyte comprises an alkaline electrolyte comprising sodium hydroxide).
Hu et al. does not explicitly teach the alkaline electrolyte is present in the anolyte in an amount of 20-60 wt.%, based on the total weight of the anolyte.
However, Yadav ‘429 teaches a zinc-anode base electrolyte (i.e. an anolyte) comprising lithium hydroxide in a concentration of from about 25 wt% to about 35 wt%, within the claimed range of 20-60 wt% based on a total weight of the electrolyte (Para. [0084]) (i.e. based on a total weight of the anolyte).
The combination of lithium hydroxide in a concentration of from about 25 wt% to about 35 wt%, as taught by Yadav ‘429., with the alkaline electrolyte of Hu et al. would yield the predictable result of providing a zinc-anode base electrolyte for a secondary battery containing lithium hydroxide (Yadav ‘429-- Para. [0084] and Hu et al. – Para. [0027]). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was filed to combine lithium hydroxide in a concentration of from about 25 wt% to about 35 wt%, as taught by Yadav et al., with the alkaline electrolyte of Hu et al., as the combination would yield the predictable result of providing a zinc-anode base electrolyte for a secondary battery containing lithium hydroxide (Yadav ‘429 -- Para. [0084] and Hu et al. – Para. [0027]). The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
Regarding Claim 26, Hu et al. as modified by Seki et al. teaches all of the elements of the current invention in claim 1 as explained above.
Hu et al. does not teach the battery is characterized by an average discharge potential of from about 3 V to about 5 V.
However, Yadav ‘129 teaches a secondary battery (Para. [0031]) wherein an average discharge potential of the battery is between about 3.7 V and about 5 V (Fig. 6A) (i.e. wherein the battery is characterized by an average discharge potential of from about 3V to about 5V).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hu et al. to incorporate the teaching of an average discharge potential as taught by Yadav ‘129 as such a discharge potential would provide voltages expanding the battery’s range of applicability to applications like power packs or charger packs and the like (Para. [0030]).
Response to Arguments
Applicant’s arguments filed March 10, 2026 have been fully considered but are moot because the arguments do not apply to any of the combination of references being used in the current rejection in light of the amendment.
Applicant’s arguments are drawn to a previous prior art combination and thus, are not persuasive in light of the newly cited prior art.
Conclusion
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729