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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/30/26 has been entered.
Considering the arguments filed 1/30/26, the rejections are maintained. Claim 7 has been canceled. Claims 1-6 and 8-12 remain in the application.
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 1-6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (2002/0182488) in combination with Kim et al. (2019/0348668) or CN 111900485.
Cho et al. (2002/0182488) teaches a method for forming lithium metal anode protection layer whereby a lithium metal anode is coated with a protective layer including a fluorine containing polymeric layer [0007]-[0012]. The coated protective layer can be applied and then pressed to form the protective coating thereon the lithium metal anode [0032]-[0034]. Cho et al. (2002/0182488) teaches thickness of the LiF protective layer to be 0.1-100 microns or 100nm-100,000 nm [0035] which is an overlapping range with the claimed 10-500nm. Overlapping ranges are prima facie evidence of obviousness. It would have been obvious to one having ordinary skill in the art to have selected the portion of the thickness range of 10-100nm that corresponds to the claimed range of 10-500nm of which 10-100nm is overlapping. In re Malagari, 182 USPQ 549 (CCPA 1974).
Cho et al. (2002/0182488) fails to teach protective layer to include fluoroethylene carbonate.
Kim et al. (2019/0348668) teaches forming a protection layer including LiF on a lithium metal anode whereby the LiF layer includes fluoroethylene carbonate (abstract and [0034]-[0037].
CN 111900485 teaches forming LiF by reacting a lithium sheet (claimed lithium metal) with FEC (fluorocarbonate) to produce LiF protection layer on the metal surface (4th paragraph – translation).
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Cho et al. (2002/0182488) process to include fluoroethylene carbonate in the formation of the protective LiF coating of the anode as evidenced by Kim et al. (2019/0348668) or CN 111900485) with the expectation of reducing lithium impendence growth.
Regarding claims 1 and 6, Cho et al. (2002/0182488) teaches thickness of the LiF protective layer to be 0.1-100 microns or 100nm-100,000 nm [0035] which is an overlapping range with the claimed 10-500nm. Overlapping ranges are prima facie evidence of obviousness. It would have been obvious to one having ordinary skill in the art to have selected the portion of the thickness range of 10-100nm that corresponds to the claimed range of 10-500nm of which 10-100nm is overlapping. In re Malagari, 182 USPQ 549 (CCPA 1974). The term directly is taught by Kim et al. (2019/0348668) as the LiF protective layer is applied on the surface of the lithium metal film [0037].
Regarding claim 2, Cho et al. (2002/0182488) teaches a lithium metal as the lithium metal electrode.
Regarding claim 3, Cho et al. (2002/0182488) teaches applying pressure between Teflon rollers [0047].
Regarding claim 4, Cho et al. (2002/0182488) teaches the claimed heating temperature but fails to teach this occurring during the rolling pressing process. The Examiner takes the position that one skilled in the art would have had a reasonable expectation of similar success to combine the rolling and heating in a single step as this would improve throughput time as the two processes would be combine in a single step. In addition, generally, no invention is involved in the broad concept of performing simultaneously operations which have previously been performed in sequence. In re Tatincloux, 108 USPQ 125.
Regarding claim 5, the claims recite reducing thickness of the lithium metal layer is 10% or more. While the Examiner acknowledges Cho et al. (2002/0182488) is silent with respect to this claimed “reduction in thickness” from the rolling step, the Examiner taken the position that this is a result effective variable and would be optimized by one skilled in the art depending upon the desired end product as that would be based upon the amount of pressure applied and the thicknesses of the lithium metal electrode and lithium fluoride layer applied to be pressurized between the rollers.
Regarding claim 8, Kim et al. (2019/0348668) teaches a lithium metal anode and LiF protection layer whereby the LiF protection layer include 0.1-30 wt% of fluorine therein [0150],[0189].
Regarding claim 9, Cho et al. (2002/0182488) teaches the lithium metal electrode to be the anode (claimed negative electrode) in a lithium battery [0009].
Regarding claim 10, Cho et al. (2002/0182488) teaches a lithium battery including anode, cathode and electrolyte [0009] as well as a separator [0035].
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (2002/0182488) in combination with Kim et al. (2019/0348668) or CN 111900485 further in combination with Herle (11,631,840).
Features detailed above concerning the teachings of Cho et al. (2002/0182488) in combination with Kim et al. (2019/0348668) or CN 111900485 are incorporated here.
Cho et al. (2002/0182488) in combination with Kim et al. (2019/0348668) or CN 111900485 fails to teach the positive “cathode” to include a sulfur compound.
Herle (11,631,840) teaches a surface protection of lithium metal anode whereby the cathode or positive electrode includes sulfur compounds such as MoS, FeS2, TiS etc. (col. 4, lines 62-64 and col. 6, lines 10-15).
Therefore, it would have been obvious for one skilled in the art to have modified Cho et al. (2002/0182488) in combination with Kim et al. (2019/0348668) or CN 111900485 process to include a sulfur containing cathode as evidenced by Herle (11,631,840) with the expectation of producing a lithium secondary battery.
Response to Amendment
Applicant's arguments filed 1/30/26 have been fully considered but they are not persuasive.
Applicant argued the prior art failed to teach directly applying fluoroethylene carbonate to the lithium metal and that Chen et al. (2015/0333371) teaches FEC as an additive not the coating material.
Kim et al. (2019/0348668) or CN 111900485 both teach fluoroethylene carbonate as a coating material to produce LiF on the surface of the lithium anode (meets claimed directly) while Cho et al. (2002/0182488) teaches pressing step to form LiF coating.
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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