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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 27 May 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 26 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 26 lines 1-3 recites the limitation “wherein the colloidal suspension or paste comprises…binders”, which renders the meaning of the claim indefinite, as claim 18, upon which claim 26 depends, lines 8-10 recites the limitation “a layer from the colloidal suspension or paste…is free of binder”. It is not clear how the layer from the colloidal suspension or paste is free of binder (claim 18) but may also comprise a binder (claim 26). In order to advance prosecution, the examiner is interpreting the claim limitation “free of binder” as optional.
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.
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.
Claim(s) 18-19, 24-28 and 30-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohya US20050181268A1 in view of Graetzel WO9959218A1.
Regarding claim 18, Ohya discloses a method for manufacturing a porous electrode for an electrochemical device (Ohya, [0009]), the method comprising:
(a) providing a substrate (Ohya, [0019], graphite film) and a colloidal suspension (Ohya, [0067], noble metal fine particles in a solvent) that includes monodisperse primary nanoparticles (Ohya, [0067]), of at least one active electrode material (Ohya, noble metal fine particles), having an average primary diameter of between 2 nm and 60 nm (Ohya, [0063], 5-15 nm),
(b) depositing a layer from the colloidal suspension on at least one face of the substrate (Ohya, [0067]), wherein the deposited layer is free of binder (Ohya, [0113-0114]), has a porosity comprised between 10 to 85% (Ohya, [0021]), rendering the claimed range 20% and 60% by volume obvious, see MPEP § 2144.05, and has pores with an average diameter of 50 nm (Ohya, [0021]), rendering the end point of the range of less than 50 nm obvious, see MPEP § 2144.05,
(c) drying the deposited layer (Ohya, [0067]) and
(d) depositing, on and inside the pores of the mesoporous layer, a coating of an electronically conductive material (Ohya, [0121], Nafion ionomer).
Ohya does not disclose a colloidal suspension or a paste that includes aggregates or agglomerates of monodisperse primary nanoparticles obtained by precipitation, the aggregates or agglomerates having an average diameter of between 100 nm to 200 nm, depositing a layer of the colloidal suspension via at least one of electrophoresis and a printing method, heat treating the dried layer under an oxidizing atmosphere, and then consolidating the heat treated laver by pressing and/or heating to a temperature of between 350°C and 700°C to obtain a mesoporous layer wherein primary nanoparticles, aggregates or agglomerates are at least partially coalesced.
Graetzel teaches a colloidal suspension or a paste that includes aggregates (Graetzel, p. 7 line 30) of monodisperse primary nanoparticles obtained by precipitation (Graetzel, p. 4 lines 25-26), the aggregates or agglomerates having a small dimension smaller than 300 nm (Graetzel, p. 16 line 16), rendering obvious the claimed range of an average diameter of between 100 nm to 200 nm, see MPEP § 2144.05, depositing a layer of the colloidal suspension via at least one of electrophoresis and a printing method (Graetzel, p. 4 line 24), heat treating the dried layer under an oxidizing atmosphere (Graetzel, p. 5 line 5), and then consolidating the heat treated laver by heating to a temperature of 300-800°C (Graetzel, p. 16 lines 1-2 rendering the claimed range of between 350°C and 700°C obvious, see MPEP § 2144.05, to obtain a mesoporous layer (Graetzel, p. 3, lines 28-31), wherein primary nanoparticles, aggregates or agglomerates are at least partially coalesced (Graetzel, Fig. 2, SEM image of the particles connected by necks visible as absent boundaries between particles where they touch). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the steps of Graetzel to Ohya thereby improving kinetics in the charge/discharge performance (Graetzel, p.8 line 30).
Regarding claim 19, Ohya as modified above by Graetzel does not teach wherein the substrate is configured to act as an electric current collector.
Graetzel teaches wherein the substrate is configured to act as an electric current collector (Graetzel, p. 18 line 24). It would therefore be obvious to the skilled artisan before the effective filing date of the claimed invention to add the substrate of Graetzel to Ohya as modified by Graetzel thereby enhancing conductivity (Graetzel, p. 18 line 27).
Regarding claim 24, modified Ohya further teaches wherein the mesoporous layer has a porosity of between 10 to 85% (Ohya, [0021]), rendering the claimed range of between 25% and 50% by volume obvious, see MPEP § 2144.05.
Regarding claim 25, Ohya as modified above by Graetzel does not teach wherein the mesoporous layer has a thickness of between 4 µm and 400 µm.
Graetzel teaches wherein the mesoporous layer has a thickness of 8 µm (Graetzel, p. 13, line 27), lying within the claimed range of between 4 µm and 400 µm. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the mesoporous layer thickness of modified Ohya in a range of between 4 µm and 400 µm because Graetzel teaches it is known in the art to have mesoporous layers having these dimensions, thereby offering advantages for electrolyte penetration and retention (Graetzel, p. 15 lines 29-32).
Regarding claim 26, modified Ohya also teaches wherein the colloidal suspension comprises residual organic solvents (Ohya, [0113-0114]).
Regarding claim 27, modified Ohya additionally teaches wherein the electronically conductive material comprises carbon (Ohya, [0121]).
Regarding claim 28, modified Ohya further teaches wherein depositing the electronically conductive material is conducted by: immersion of the mesoporous layer in a liquid phase (Ohya, [0121], solution was coated onto the electrode) including a precursor of the electronically conductive material, and then transforming the precursor into the electronically conductive material (Ohya, [0121]).
Regarding claim 30, Ohya as modified above by Graetzel does not teach wherein the at least one active electrode material is selected from the group consisting of:
oxides LiMn2O4, Li1+xMn2-xO4, where 0 < x < 0.15, LiCoO2, LiNiO2, LiMn1.5Ni0.5O4, LiMn1.5Ni0.5-xXxO4, where X is selected from Al, Fe, Cr, Co, Rh, Nd, Sc, Y, Lu, La, Ce, Pr, Pm, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, and where 0 < x < 0.1, LiMn2-xMxO4 where M = Er, Dy, Gd, Tb, Yb, Al, Y, Ni, Co, Ti, Sn, As, Mg or a mixture thereof where 0 < x < 0.4, LiFeO2, LiMn⅓Ni⅓Co⅓O2, LiNi0.8Co0.15Al0.05O2, LiAlxMn2-xO4 where 0 ≤ x < 0.15, LiNi⅟xCo⅟yMn⅟zO2 where x+y+z =10;
LixMyO2 where 0.6≤y≤0.85; 0≤x+y≤2, where M is selected from Al, Ti, Cr, Mn, Fe, Co, Ni, Cu, Zn, Zr, Nb, Mo, Ru, Sn, and Sb or a mixture thereof, Li1.20Nb0.20Mn0.60O2;
Li1+xNbyMezApO2, where Me is at least one transition metal selected from: Sc, Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Y, Zr, Nb, Mo, Tc, Ru, Rh, Pd, Ag, Cd, Hf, Ta, W, Re, Os, Ir, Pt, Au, Hg, Rf, Db, Sg, Bh, Hs and Mt, where 0.6<x<1; 0<y<0.5, 0.25≤z<1, A ≠ Me, A ≠ Nb, and 0≤p≤0.2;
LixNby-aNaMz-bPbO2-cFc where 1.2<x≤1.75, 0≤y<0.55, 0.1<z<1, 0≤a<0.5, 0≤b<1, 0≤c<0.8, and M, N, and P are each at least one of the elements selected from the group consisting of Ti, Ta, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Al, Zr, Y, Mo, Ru, Rh, and Sb;
Li1.25Nb0.25Mn0.50O2, Li1.3Nb0.3Mn0.40O2, Li1.3Nb0.3Fe0.40O2, Li1.3Nb0.43Ni0.27O2, Li1.3Nbo.43Coo.27O2, and Li1.4Nb0.2Mn0.53O2;
LixNi0.2Mn0.6Oy where 0.00≤x≤1.52, 1.07≤y<2.4, Li1.2Ni0.2Mn0.6O2;
LiNixCoyMn1-x-yO2 where 0 ≤ x and y ≤ 0.5, LiNixCezCoyMn1-x-yO2 where 0 ≤ x and y ≤ 0.5, and 0 ≤ z;
phosphates LiFePO4, LiMnPO4, LiCoPO4, LiNiPO4, Li3V2(PO4)3, Li2MPO4F where M = Fe, Co, Ni or a mixture thereof, LiMPO4F where M = V, Fe, T or a mixture thereof, phosphates of formula LiMM′PO4, where M and M′ (M ≠ M′) selected from Fe, Mn, Ni, Co, V, LiFexCo1-xPO4 where 0 < x < 1;
Fe0.9Co0.1OF; LiMSO4F where M = Fe, Co, Ni, Mn, Zn, Mg; and
all lithiated forms of chalcogenides that include: V2O5, V3O8, TiS2, titanium oxysulfides (TiOySz where z=2-y and 0.3≤y≤1), tungsten oxysulfides (WOySz where 0.6<y<3 and 0.1<z<2), CuS, CuS2, LixV2O5 where 0 <x≤2, LixV3O8 where 0 < x ≤ 1.7, LixTiS2 where 0 < x ≤ 1, titanium and lithium oxysulfides where LixTiOySz where z=2-y, 0.3≤y≤1 and 0 < x ≤ 1, LixWOySz where z=2-y, 0.3≤y≤1 and 0 < x ≤ 1, LixCuS where 0 < x ≤ 1, LixCuS2 where 0 < x ≤ 1.
Graetzel teaches wherein the at least one active electrode material is selected from the group consisting of: oxides LiMn2O4 (Graetzel, p. 4 line 22). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the active electrode material of Graetzel to modified Ohya thereby providing high energy storage capacity and high power density (Graetzel, p. 5 lines 11-12).
Regarding claim 31, modified Ohya does not teach wherein the at least one active electrode material is selected from the group consisting of:
Li4Ti5O12, Li4Ti5-xMxO12 where M = V, Zr, Hf, Nb, Ta and 0 ≤ x ≤ 0.25; niobium oxides and mixed niobium oxides where titanium, germanium, cerium or tungsten, and from the group consisting of:
Nb2O5±δ, Nb18W16O93±δ, Nb16W5O55±δ where 0 ≤ x < 1 and 0 ≤ δ ≤ 2, LiNbO3,
TiNb2O7±δ, LiwTiNb2O7 where w≥0, Ti1-xM1 xNb2-yM2 yO7±δ or LiwTi1- xM1 xNb2-yM2 yO7±δ where M1 and M2 are each at least one element selected from the group consisting of Nb, V, Ta, Fe, Co, Ti, Bi, Sb, As, P, Cr, Mo, W, B, Na, Mg, Ca, Ba, Pb, Al, Zr, Si, Sr, K, Cs and Sn, M1 and M2, and where 0 ≤ w ≤ 5 and 0 ≤ x ≤ 1 and 0 ≤ y ≤ 2 and 0 ≤ δ ≤ 0.3;
La xTi1- 2xNb2+xO7 where 0<x<0.5;
MxTi1- 2xNb2+xO7±δ, where M is at least one element selected from the group consisting of Fe, Ga, Mo, Al, B, and where 0<x≤0.20 and -0.3≤ δ ≤0.3; Ga0.10Ti0.80Nb2.10O7; Fe0.10Ti0.80Nb2.10O7;
MxTi2- 2xNb10+xO29±δ, where M is at least one element selected from the group consisting of Fe, Ga, Mo, Al, B, and where 0<x≤0.40 and -0.3≤ δ ≤0.3;
Ti1-xM 1 xNb2-yM 2 yO7-zM3 z or LiwTi1-xM1 xNb2-yM2 yO7-zM3 z, where M1 and M2 are each at least one element selected from the group consisting of Nb, V, Ta, Fe, Co, Ti, Bi, Sb, As, P, Cr, Mo, W, B, Na, Mg, Ca, Ba, Pb, Al, Zr, Si, Sr, K, Cs and Sn, M3 is at least one halogen, and 0 ≤ w ≤ 5, 0 ≤x ≤ 1, 0 ≤y≤2, and z ≤0.3;
TiNb2O7-zM3 z or LiwTiNb2O7-zM3 z, where M3 is at least one halogen that includes F, Cl, Br, I or a mixture thereof, and 0 < z ≤ 0.3;
Ti1-xGexNb2-yM1 yO7±z, LiwTi1-xGexNb2-yM1yO7±z, Ti1-xCexNb2-yM1 yO7±z, LiwTi1-xCexNb2-yM1 yO7±z, where M1 is at least one element selected from the group consisting of Nb, V, Ta, Fe, Co, Ti, Bi, Sb, As, P, Cr, Mo, W, B, Na, Mg, Ca, Ba, Pb, Al, Zr, Si, Sr, K, Cs and Sn, 0 ≤ w ≤ 5, 0 ≤ x ≤ 1, 0 ≤y ≤2, and z ≤ 0.3;
Ti1-xGexNb2-yM1 yO7-zM2 z, LiwTi1-xGexNb2-yM1 yO7-zM2 z, Ti1-xCexNb2- yM1 yO7-z M2 z, LiwTi1-xCexNb2-yM1 yO7-zM2 z, where M1 and M2 are each at least one element selected from the group consisting of Nb, V, Ta, Fe, Co, Ti, Bi, Sb, As, P, Cr, Mo, W, B, Na, Mg, Ca, Ba, Pb, Al, Zr, Si, Sr, K, Cs, Ce and Sn, 0 ≤ w ≤ 5, 0 ≤ x ≤ 1, 0 ≤ y ≤ 2, and z ≤ 0.3;
TiO2; and LiSiTON.
Graetzel teaches wherein the at least one active electrode material is selected from the group consisting of: Nb2O5 and TiO2 (Graetzel, p. 6 lines 3-4). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the active electrode material of Graetzel to modified Ohya thereby providing high capacity (Graetzel, p. 6 line 15).
Regarding claim 32, modified Ohya teaches a porous electrode (Ohya, [0061]) formed using the method of claim 18 (Ohya, [0061]) (see claim 18 above).
Regarding claim 33, modified Ohya additionally teaches wherein the porous electrode: has a porosity comprised between 10 to 85% (Ohya, [0021]), rendering the claimed range 20% and 60% by volume obvious, see MPEP § 2144.05, is free of binder (Ohya, [0113-0114]), and has pores with an average diameter of 50 nm (Ohya, [0021]), rendering the end point of the range of less than 50 nm obvious, see MPEP § 2144.05.
Claim(s) 20-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohya US20050181268A1 in view of Graetzel WO9959218A1 and further in view of Gaben US20150104713A1.
Regarding claim 20, modified Ohya does not teach wherein the substrate comprises an intermediate substrate.
Gaben teaches wherein the substrate comprises an intermediate substrate (Gaben, Fig. 4a, 61 strippable polymer film). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the intermediate substrate of Gaben to modified Ohya thereby protecting the surface of the substrate (Gaben, [0188]).
Regarding claim 21, modified Ohya as modified above by Gaben does not explicitly teach further comprising forming a porous plate by separating the mesoporous layer from the intermediate substrate.
Gaben teaches further comprising forming a porous plate by separating the mesoporous layer from the intermediate substrate (Gaben, Figs. 4a-c). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the step Gaben to modified Ohya, thereby providing a protected substrate surface on which to form the mesoporous layer (Gaben, [0196]).
Regarding claim 22, modified Ohya as modified above by Gaben does not explicitly teach wherein the deposited layer is dried before separating the mesoporous layer from the intermediate substrate.
Gaben teaches wherein separating the mesoporous layer from the intermediate substrate (Gaben, [0193-0196]) and the deposited layer is dried (Gaben, [0151]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the steps of Gaben to modified Ohya, thereby providing a protected substrate surface on which to form the mesoporous layer (Gaben, [0196]) and it would be obvious the skilled artisan to further modify the steps of modified Ohya as modified by Gaben wherein the deposited layer is dried before separating the mesoporous layer from the intermediate substrate thereby obtaining the completely expected result of providing a protected substrate surface on which to form the mesoporous layer (Gaben, [0196]). The Courts have held that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. See MPEP 2144.04.
Regarding claim 23, modified Ohya as modified above by Gaben does not explicitly teach wherein the deposited layer is dried after separating the mesoporous layer from the intermediate substrate.
Gaben teaches wherein the deposited layer is dried (Gaben, [0151]) after separating the mesoporous layer from the intermediate substrate (Gaben, [0193-0196]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the steps of Gaben to modified Ohya, thereby providing a protected substrate surface on which to form the mesoporous layer (Gaben, [0196]).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohya US20050181268A1 in view of Graetzel WO9959218A1 and further in view of Armand US20100065787A1.
Regarding claim 29, modified Ohya does not teach wherein: the precursor comprises a carbon-rich compound that includes a polysaccharide, and transforming the precursor into the electronically conductive material is conducted by pyrolysis under an inert atmosphere.
Armand teaches wherein: the precursor comprises a carbon-rich compound that includes a polysaccharide (Armand [0062]), and transforming the precursor into the electronically conductive material is conducted by pyrolysis under an inert atmosphere (Armand, [0050]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the steps of Armand to modified Ohya thereby allowing its distribution, preferably homogeneously, throughout (Armand, [0061]).
Claim(s) 34-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graetzel WO9959218A1 in view of Ohya US20050181268A1.
Regarding claim 34, Graetzel discloses a method for manufacturing a battery (Graetzel, Abstract), the method comprising: forming a porous electrode (Graetzel, p. 1 lines 25-26) formed using a method for manufacturing a porous electrode for an electrochemical device (Graetzel, Abstract), the method comprising:
(a) providing a substrate (Graetzel, p. 4 line 25) and a colloidal suspension or a paste that includes aggregates (Graetzel, p. 7 line 30) of monodisperse primary nanoparticles obtained by precipitation (Graetzel, p. 4 lines 25-26), of at least one active electrode material (Graetzel, p. 4 lines 22-23), the aggregates having a small dimension smaller than 300 nm (Graetzel, p. 16 line 16), rendering obvious the claimed range of an average diameter of between 100 nm to 200 nm, see MPEP § 2144.05,
(b) depositing a layer from the colloidal suspension or paste on at least one face of the substrate via at least one of a printing method (Graetzel, p. 4 line 24), wherein the deposited layer is free of binder (Graetzel, p. 4 lines 11-14; p. 16 lines 31-33), following Instant [0199], has a porosity as high as 25-70% (Graetzel, p. 16 line 23), rendering obvious the claimed range of comprised between 20% and 60% by volume, see MPEP § 2144.05, and has pores with a pore size of 1 nm to 10 µm (Graetzel, p. 15 lines 14-15), rendering obvious the claimed range of an average diameter of less than 50 nm, see MPEP § 2144.05,
(c) drying the deposited layer (Graetzel, p. 5 line 5), heat treating the dried layer under an oxidizing atmosphere (Graetzel, p. 5 lines 7-8), and then consolidating the heat treated laver by pressing (Graetzel, p. 16 line 28) to obtain a mesoporous layer (Graetzel, p. 16 line 26) wherein primary nanoparticles, aggregates or agglomerates are at least partially coalesced (Graetzel, p. 16 lines 28-29). Graetzel does not disclose having an average primary diameter of between 2 nm and 60 nm, and (d) depositing, on and inside the pores of the mesoporous layer, a coating of an electronically conductive material.
Ohya teaches having an average primary diameter of between 2 nm and 60 nm having an average primary diameter of between 2 nm and 60 nm (Ohya, [0063], 5-15 nm), and (d) depositing, on and inside the pores of the mesoporous layer, a coating of an electronically conductive material (Ohya, [0121], Nafion ionomer). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the steps of Ohya to Graetzel thereby allowing effective use of active electrode material (Ohya, [0008]) and providing ion conductivity (Ohya, [0073]).
Regarding claim 35, modified Graetzel further teaches wherein the battery comprises a lithium-ion battery (Graetzel, p. 1 line 21).
Regarding claim 36, modified Graetzel also teaches wherein the porous electrode comprises an anode or a cathode (Graetzel, p. 1 line 20).
Regarding claim 37, modified Graetzel additionally teaches further comprising impregnating the porous electrode with an electrolyte (Graetzel, p. 7 line 15) that includes phase carrying lithium ions (Graetzel, p. 5 lines 14-15) selected from the group consisting of: an electrolyte composed of at least one aprotic solvent (Graetzel, p. 9 line 23) and at least one lithium salt (Graetzel, p. 9 line 24).
Response to Arguments
Applicant’s arguments with respect to claim(s) 18-37 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.
The examiner notes that it appears applicant is arguing that the colloidal suspension or paste is free of binder. However, the published [0199] of the Instant application states, “It is important that the layers are free from organic matter: they must not include any organic binder, any residues of stabilising ligands used to stabilise the suspension must have been removed by purification of the suspension and/or during the heat treatment of the layer after drying.” And as such, interpreting the claim in light of the specification, a method comprising a binder in the deposited layer would still read on the claims as currently drafted as long as the binder is removed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yasunaga US20090297952A1 (discloses a method of making a porous electrode comprising overlapping steps with the claimed invention).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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