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 .
Response to Amendment
This Office Action is responsive to the amendment filed December 9, 2025. The following rejection is overcome:
Claim(s) 1-13 under 35 U.S.C. 103 as being unpatentable over HAMASAKI et al. CN 184822S in view of Yang et al. U.S. Pub. 20200343535.
Claims 1, 3-13 and newly added claims 14-18 are newly rejected as necessitated by amendment as follows:
Information Disclosure Statement
The information disclosure statements filed March 27, 2026 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
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.
Claim(s) 1 & 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAMASAKI et al. CN 184822S in view of Delnick et al. US Pat. 5, 510, 2142.
With respect to claim 1, HAMASAKI teaches secondary lithium-ion cell (lithium ion battery; Technical field), comprising: an electrode-separator assembly in the form of a winding with two terminal end faces (electrodes 61 & 62 with intervening separator 63 is rolled, where ends face terminal ends of the can; MODE-FOR-INVENTION pars 13-15 & Fig. 6), the electrode separator assembly comprising an anode, a cathode, and a separator in a sequence anode / separator/ cathode (cathode 61 & anode 62 with intervening separator 63 is rolled; MODE-FOR-INVENTION pars 13-15 & Fig. 6), wherein anode current collector comprising a first longitudinal edge, a second longitudinal edge, has a strip-shaped main region and a free edge strip extending along the first longitudinal edge (top and bottom of the anode 62 define the longitudinal edges, the first longitudinal edge has no active material coating and designated as anode longitudinal edge in Fig.6 below; uncoated portion 62c; MODE-FOR-INVENTION par 15), wherein the strip shaped main region of the anode current collector is loaded with a layer of negative electrode material and the free edge strip of the anode current collector is not loaded with the negative electrode material (N pole core 62b, Description par. 7 is the metal current collector and loaded with active material 62a. and uncoated end portion at 62c; Fig.6 below) wherein the cathode comprising a current collector comprising a first longitudinal edge a second longitudinal edge (top and bottom of the cathode 61 define the longitudinal edges, the first longitudinal edge has no active material coating and designated as cathode longitudinal edge in Fig.6 below; unfilled portion 61c; MODE-FOR-INVENTION par 13), a strip-shaped main region and a free edge strip extending along the first longitudinal edge (the first longitudinal edge has no active material coating and designated as cathode longitudinal edge in Fig.6 below; unfilled portion 61c; MODE-FOR-INVENTION par 13), wherein the strip shaped main region of the cathode current collector is loaded with a layer of positive electrode material and the free edge strip of the cathode current collector that is not loaded with the positive electrode material (the positive electrode core 61a is a punching metal current collector with active material paste 61b, where the ends is a non-coated portion 61c; the first longitudinal edge has no active material coating and designated as cathode longitudinal edge in Fig.6 below; unfilled portion 61c; MODE-FOR-INVENTION par 13-15; please use reference numbers from figures below as translation is interchanging the anode and cathode), housing that encloses the electrode-separator assembly (housing 65; Fig. 6), and a metallic contact element comprising a flat metal plate that extends in a plane parallel to a respective terminal end face of the winding, the flat metal plate being in direct contact with a respective first longitudinal edge by welding (metallic contact element 64 contacts first longitudinal edge of anode current collector 62c; Fig. 6; 64 is completely flat; Fig. 6; disc-shaped negative electrode current collector 64, so that a pair of welding electrodes contact with the cadmium negative plate 62 of the non-coated portion 62c and the negative electrode collector 64 contact part of resistance welding; See MODE-FOR-INVENTION, paragraph 21), the respective first longitudinal edge being the first longitudinal edge of the anode current collector or the first longitudinal edge of the cathode current collector (metallic contact element 10 contacts first longitudinal edge of cathode current collector at 61c; Fig. 6), the metallic contact element being connected to the respective first longitudinal edge by welding (metallic contact element 10 welded first longitudinal edge of cathode current collector at 61c; Fig. 6; MODE-FOR-INVENTION par 17), wherein the anode and the cathode are formed and/or arranged relative to each other within the electrode-separator assembly such that the first longitudinal edge of the anode current collector protrudes from one of the terminal end faces and the first longitudinal edge of the cathode current collector protrudes from the other of the terminal end faces (exposed longitudinal edges of the canoed 62c and cathode 61c are at opposing ends of the battery cell; Fig. 6). With respect to claim 18, wherein the flat metal plate that extends in the plane parallel to the respective terminal end face of the winding comprises a continuous flat, two-dimensional contact surface within a circular circumference, the flat metal plate being in direct contact with the respective first longitudinal edge along the continuous flat, two- dimensional contact surface (disc-shaped negative electrode current collector 64, so that a pair of welding electrodes contact with the cadmium negative plate 62 of the non-coated portion 62c and the negative electrode collector 64 contact part of resistance welding; See Fig. 6 & MODE-FOR-INVENTION, paragraph 21).
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HAMASAKI teaches the battery structure may be used in lithium ion batteries, and nickel-cadmium batteries amongst others, nickel-cadmium batteries were exemplified and thus the reference is silent to lithium ion battery materials (TECHNICAL-FIELD), such as: the layer of negative electrode material comprising layer of negative electrode material comprising a porous, electrically conductive matrix with an open-pore structure, an wherein the metallic lithium is embedded in pores of the matrix (claim 1); the anode comprising a ribbon-shaped (claim 1); ribbon- shaped cathode (claim 1); the porous, electrically conductive matrix is manufactured from a porous organic compound (claim 14); wherein the porous organic compound is a polymer with a porous structure (claim 15); wherein the polymer with the porous structure is formed by polymerizing a monomer phase of a monomer-water emulsion (claim 16); wherein the polymerizing the monomer phase of the monomer-water emulsion is performed by ring-opening metathesis polymerization (ROMP) of a diene compound (claim 17).
Delnick teaches that it is well known in the art to employ lithium ion batteries (See Abstract), such that the layer of negative electrode material (lithium-containing anode; See Abstract), comprising layer of negative electrode material comprising a porous (three-dimensional microporous carbon structures synthesized by the controlled pyrolysis of gel derived polymer foam precursors; See Abstract), electrically conductive matrix with an open-pore structure, an wherein the metallic lithium is embedded in pores of the matrix (the matrix foam is carbonized electrically conductive: Abstract; lithium is electrochemically intercalated into said three dimensional microporous carbon structure; teaching claim 6; claim 1); the porous, electrically conductive matrix is manufactured from a porous organic compound (three-dimensional microporous carbon structures synthesized by the controlled pyrolysis of gel derived polymer foam precursors; See Abstract; claim 14); wherein the porous organic compound is a polymer with a porous structure (three-dimensional microporous carbon structures synthesized by the controlled pyrolysis of gel derived polymer foam precursors; See Abstract; claim 15).
HAMASAKI and Delnick are analogous art from the same field of endeavor, namely fabrication lithium secondary cells.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the layer of negative electrode material comprising layer of negative electrode material comprising a porous, electrically conductive matrix with an open-pore structure, an wherein the metallic lithium is embedded in pores of the matrix of Delnick, as the negative electrode of HAMASAKI, in order to provide a rechargeable, long-life negative electrode for a lithium-ion secondary battery which demonstrates minimal dendritic deposition, high energy density, long charged-discharged cycle life, light weight, and high reliability as taught by Delnick. See SUMMARY OF THE INVENTION, paragraph 1.
With respect to the anode comprising a ribbon-shaped (claim 1); ribbon- shaped cathode (claim 1); it would have been obvious in the secondary lithium ion cell of HAMASAKI in view of Delnick, in order to maximize the amount of active material present in the cell. The skilled artisan recognizes that wound cells may include elongated electrodes in order to facilitate wrapping, forming the jelly roll illustrated in Fig.6 of HAMASAKI. Furthermore, it has been held that change in shape of essential working parts of a device is prima facie obvious. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to the polymer with the porous structure being formed by polymerizing a monomer phase of a monomer-water emulsion (claim 16); it would have been obvious in the secondary lithium ion cell of HAMASAKI in view of Delnick, in order to maximize the amount of active material present in the cell. Furthermore, the limitation is a process limitation in a product claim. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Therefore, so long as the product of the prior art is the same as that of the claims, the limitations are satisfied. Here, the resulting carbonized polymer matrix with lithium in the pores of HAMASAKI in view of Delnick, is the same final product of the instant claims.
With respect to the polymerizing the monomer phase of the monomer-water emulsion is performed by ring-opening metathesis polymerization (ROMP) of a diene compound (claim 17); it would have been obvious in the secondary lithium ion cell of HAMASAKI in view of Delnick, in order to maximize the amount of active material present in the cell. Furthermore, the limitation is a process limitation in a product claim. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Therefore, so long as the product of the prior art is the same as that of the claims, the limitations are satisfied. Here, the resulting carbonized polymer matrix with lithium in the pores of HAMASAKI in view of Delnick, is the same final product of the instant claims.
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.
Claim(s) 3-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAMASAKI et al. CN 184822S in view of Delnick et al. US Pat. 5, 510, 2142 and further in view of Yang et al. U.S. Pub. 20200343535.
HAMASAKI in view of Delnick teach a secondary lithium-ion cell (lithium ion battery; Technical field), comprising: an electrode-separator assembly in the form of a winding with two terminal end faces (electrodes 61 & 62 with intervening separator 63 is rolled, where ends face terminal ends of the can; MODE-FOR-INVENTION pars 13-15 & Fig. 6), the electrode separator assembly comprising an anode, a cathode, and a separator in a sequence anode / separator/ cathode (cathode 61 & anode 62 with intervening separator 63 is rolled; MODE-FOR-INVENTION pars 13-15 & Fig. 6), wherein anode current collector comprising a first longitudinal edge, a second longitudinal edge, has a strip-shaped main region and a free edge strip extending along the first longitudinal edge (top and bottom of the anode 62 define the longitudinal edges, the first longitudinal edge has no active material coating and designated as anode longitudinal edge in Fig.6 below; uncoated portion 62c; MODE-FOR-INVENTION par 15), wherein the strip shaped main region of the anode current collector is loaded with a layer of negative electrode material and the free edge strip of the anode current collector is not loaded with the negative electrode material (N pole core 62b, Description par. 7 is the metal current collector and loaded with active material 62a. and uncoated end portion at 62c; Fig.6 below) wherein the cathode comprising a current collector comprising a first longitudinal edge a second longitudinal edge (top and bottom of the cathode 61 define the longitudinal edges, the first longitudinal edge has no active material coating and designated as cathode longitudinal edge in Fig.6 below; unfilled portion 61c; MODE-FOR-INVENTION par 13), a strip-shaped main region and a free edge strip extending along the first longitudinal edge (the first longitudinal edge has no active material coating and designated as cathode longitudinal edge in Fig.6 below; unfilled portion 61c; MODE-FOR-INVENTION par 13), wherein the strip shaped main region of the cathode current collector is loaded with a layer of positive electrode material and the free edge strip of the cathode current collector that is not loaded with the positive electrode material (the positive electrode core 61a is a punching metal current collector with active material paste 61b, where the ends is a non-coated portion 61c; the first longitudinal edge has no active material coating and designated as cathode longitudinal edge in Fig.6 below; unfilled portion 61c; MODE-FOR-INVENTION par 13-15; please use reference numbers from figures below as translation is interchanging the anode and cathode), housing that encloses the electrode-separator assembly (housing 65; Fig. 6), and a metallic contact element comprising a flat metal plate that extends in a plane parallel to a respective terminal end face of the winding, the flat metal plate being in direct contact with a respective first longitudinal edge by welding (metallic contact element 64 contacts first longitudinal edge of anode current collector 62c; Fig. 6; 64 is completely flat; Fig. 6; disc-shaped negative electrode current collector 64, so that a pair of welding electrodes contact with the cadmium negative plate 62 of the non-coated portion 62c and the negative electrode collector 64 contact part of resistance welding; See MODE-FOR-INVENTION, paragraph 21), the respective first longitudinal edge being the first longitudinal edge of the anode current collector or the first longitudinal edge of the cathode current collector (metallic contact element 10 contacts first longitudinal edge of cathode current collector at 61c; Fig. 6), the metallic contact element being connected to the respective first longitudinal edge by welding (metallic contact element 10 welded first longitudinal edge of cathode current collector at 61c; Fig. 6; MODE-FOR-INVENTION par 17), wherein the anode and the cathode are formed and/or arranged relative to each other within the electrode-separator assembly such that the first longitudinal edge of the anode current collector protrudes from one of the terminal end faces and the first longitudinal edge of the cathode current collector protrudes from the other of the terminal end faces (exposed longitudinal edges of the canoed 62c and cathode 61c are at opposing ends of the battery cell; Fig. 6), as described in the rejection recited hereinabove.
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HAMASAKI teaches the battery structure may be used in lithium ion batteries, and nickel-cadmium batteries amongst others, nickel-cadmium batteries were exemplified and thus the reference is silent to lithium ion battery materials (TECHNICAL-FIELD), such as: the matrix has a porosity in a range of from 40 to 95% and wherein the pores i-of the matrix have an average diameter in a range of from 2 to 50 µm (claim 3);one or more of the matrix comprising carbon formed by carbonization of an organic compound, the matrix comprising the carbon in a proportion in the a range of from 50 to 100% by weight, the matrix comprising a filler having a higher or lower electrical conductivity than the carbon, and/or-the filler comprising one or more of carbon black, CNT, graphene and/or metal particles (claim 4); the layer of negative electrode material on the anode current collector has a thickness in a range of from 5 to 100 µm (claim 5); the positive electrode material comprising, as active material, at least one metal oxide compound capable of reversible lithium incorporation and removal, the at least one metal oxide compound capable of reversible lithium incorporation and removal is contained in the positive electrode material in an amount of from 80 wt% to 99 wt the positive electrode material comprising an electrode binder and/or a conductive agent the electrode binder is contained in the positive electrode material in an amount of 0.5 wt.% to 15 wt.%, and/or the conductive agent is present in the positive electrode material in an amount of 0.1 wt% to 15 wt% (claim 6); the layer of positive electrode material comprising a porous, electrically conductive matrix with an open-pore structure, and wherein sulfur is incorporated into the matrix (claim 7); wherein one or more of the cell comprising an electrolyte comprising a mixture of tetrahydrofuran and 2-methyltetrahydrofuran,the volume ratio of THF : to mTHF in the mixture is in a range or from 2 : 1 to 1 : 2, the cell comprising an electrolyte comprising lithium hexafluorophosphate (LiPF6) as a conducting salt, and/or-the conducting salt is present in the electrolyte in a proportion of 1.5 to 2.5 M (claim 8); wherein one or more of the cell comprising an electrolyte comprising a mixture of ethylene carbonate (EC) and dimethyl carbonate (DMC),the volume ratio of EC : to DMC in the mixture is in a range of from 1 : 7 to 5 : 7the cell comprising an electrolyte comprising LiPF6 as a conducting salt the conducting salt is present in the electrolyte at a concentration of 1.0 to 2.0M.the electrolyte comprising vinylene carbonate, and/or the electrolyte comprising ethylene sulfate (DTD) (claim 9); wherein one or more of the cell comprising an electrolyte comprising a mixture of ethylene carbonate (EC), dimethyl carbonate (DMC) and methyl acetate (MA),the volume fraction of EC and MA in the mixture are each in a range of from 20 vol% to 40 vol% and the volume fraction of DMC in the mixture is in the a range of from 30 vol% to 50 Vol%, the cell comprising an electrolyte comprising LiPF6 as a conducting salt, the conducting salt is present in the electrolyte at a concentration of 1.0 to 2.0 M, the electrolyte comprising vinylene carbonate, and/or the electrolyte comprising ethylene sulfate (DTD) (claim 10);wherein at least one of the cell comprising an electrolyte comprising a mixture of 1,3-dioxolane (DOL) and dimethoxyethane (DME)the volume ratio of DOL : to DME in the mixture is in the region from 2:1 to 1 : 2, the cell comprising an electrolyte comprising lithium bis(trifluoromethane) sulfonyl imide (LiTFSI) as a conducting salt, and/or- the conducting salt is present in the electrolyte in a concentration of 0.5 to 2.0 M (claim 11); wherein one or more of: one or more of acetonitrile (AN), propylene carbonate (PC), tetrahydrofuran (THF), dimethyl carbonate (DMC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC), ethylene carbonate (EC), vinyl carbonate (VC), and/or fluoroethylene carbonate (FEC),is at least one of fluoromethane (FM), difluoromethane (DFM), fluoroethane (FE), 1,1-difluoroethane (1,1-DFE), 1,1,1,2-tetrafluoroethane (1,1,1,2-TFE), and/or 2-fluoropropane (2-FP) is dissolved in the electrolyte, the cell comprising an electrolyte comprising lithium bis(trifluoromethane) sulfonyl imide (LiTFSI) as a conducting salt, and/or the conducting salt is present in the electrolyte at a concentration of 0.5 to 2.0 M (claim 12); wherein at least one o(DME), acetonitrile (AN), dimethyl sulfoxide (DMSO), tetrahydrofuran (THF), sulfolane (SL), and/or ethyl acetate (EA)the electrolyte comprising a conducting salt in an amount of 2.5 to 6.0 mol, and/or the conducting salt is LiTFSI (claim 13).
Yang teaches that it is well known in the art to employ lithium sulfur cells, such that: the layer of negative electrode material comprising metallic lithium; one or more of the matrix comprising carbon formed by carbonization of an organic compound (foam current collector may be sintered carbon; [0138]),-the matrix comprising the carbon in a proportion in the a range of from 50 to 100% by weight (foam current collector may be sintered carbon; [0138]), the matrix comprising a filler having a higher or lower electrical conductivity than the carbon, and/or-the filler comprising one or more of carbon black, CNT, graphene and/or metal particles (lithium may be alloyed with other metals [0139]; claim 4); the positive electrode material comprising one or more of , as active material, at least one metal oxide compound capable of reversible lithium incorporation and removal, the at least one metal oxide compound capable of reversible lithium incorporation and removal is contained in the positive electrode material in an amount of from 80 wt% to 99 wt the positive electrode material comprising an electrode binder and/or a conductive agent the electrode binder is contained in the positive electrode material in an amount of 0.5 wt.% to 15 wt.%, and/or the conductive agent is present in the positive electrode material in an amount of 0.1 wt% to 15 wt% (positive electrode has a binder; [0125]; claim 6); the layer of positive electrode material comprising a porous, electrically conductive matrix with an open-pore structure, and wherein sulfur is incorporated into the matrix (foam current collector is a conductive matrix [0133], the sulfur can be wet coated onto the current collector by slurry [0130], thus it is reasonable to expect sulfur in the pores of the foal [0140]; claim 7); wherein one or more of the cell comprising an electrolyte comprising a mixture of tetrahydrofuran and 2-methyltetrahydrofuran,the volume ratio of THF : to mTHF in the mixture is in a range or from 2 : 1 to 1 : 2, the cell comprising an electrolyte comprising lithium hexafluorophosphate (LiPF6) as a conducting salt, and/or-the conducting salt is present in the electrolyte in a proportion of 1.5 to 2.5 M (LiPF6 [0149] in an amount of 0.2 to 2 M [0150]; claim 8); wherein one or more of the cell comprising an electrolyte comprising a mixture of ethylene carbonate (EC) and dimethyl carbonate (DMC),the volume ratio of EC : to DMC in the mixture is in a range of from 1 : 7 to 5 : 7the cell comprising an electrolyte comprising LiPF6 as a conducting salt the conducting salt is present in the electrolyte at a concentration of 1.0 to 2.0M.the electrolyte comprising vinylene carbonate, and/or the electrolyte comprising ethylene sulfate (DTD) (LiPF6 [0149] in an amount of 0.2 to 2 M [0150]; claim 9); wherein one or more of the cell comprising an electrolyte comprising a mixture of ethylene carbonate (EC), dimethyl carbonate (DMC) and methyl acetate (MA),the volume fraction of EC and MA in the mixture are each in a range of from 20 vol% to 40 vol% and the volume fraction of DMC in the mixture is in the a range of from 30 vol% to 50 Vol%, the cell comprising an electrolyte comprising LiPF6 as a conducting salt, the conducting salt is present in the electrolyte at a concentration of 1.0 to 2.0 M, the electrolyte comprising vinylene carbonate, and/or the electrolyte comprising ethylene sulfate (DTD) (LiPF6 [0149] in an amount of 0.2 to 2 M [0150]; claim 10);wherein at least one of the cell comprising an electrolyte comprising a mixture of 1,3-dioxolane (DOL) and dimethoxyethane (DME)the volume ratio of DOL : to DME in the mixture is in the region from 2:1 to 1 : 2, the cell comprising an electrolyte comprising lithium bis(trifluoromethane) sulfonyl imide (LiTFSI) as a conducting salt, and/or- the conducting salt is present in the electrolyte in a concentration of 0.5 to 2.0 M (1,2-dimethoxyethane, 1,3-dioxolane may both be used; [0147]; claim 11); wherein one or more of: one or more of acetonitrile (AN), propylene carbonate (PC), tetrahydrofuran (THF), dimethyl carbonate (DMC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC), ethylene carbonate (EC), vinyl carbonate (VC), and/or fluoroethylene carbonate (FEC),is at least one of fluoromethane (FM), difluoromethane (DFM), fluoroethane (FE), 1,1-difluoroethane (1,1-DFE), 1,1,1,2-tetrafluoroethane (1,1,1,2-TFE), and/or 2-fluoropropane (2-FP) is dissolved in the electrolyte,the cell comprising an electrolyte comprising lithium bis(trifluoromethane) sulfonyl imide (LiTFSI) as a conducting salt, and/or the conducting salt is present in the electrolyte at a concentration of 0.5 to 2.0 M (propylene carbonate [0147]; claim 12); wherein at least one oclaim 13).
HAMASAKI, Delnick and Yang are analogous art from the same field of endeavor, namely fabrication lithium secondary cells.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ one or more of the matrix comprising carbon formed by carbonization of an organic compound-the matrix comprising the carbon in a proportion in the a range of from 50 to 100% by weight, the matrix comprising a filler having a higher or lower electrical conductivity than the carbon, and/or-the filler comprising one or more of carbon black, CNT, graphene and/or metal particles of Yang, as the modified anode configuration of HAMASAKI in view of Delnick, as the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the matrix having a porosity in a range of from 40 to 95% and wherein the pores of the matrix have an average diameter in a range of from 2 to 50 µm (claim 3); it would have been obvious in the secondary lithium ion cell of HAMASAKI in view of Yang, in order to maximize the amount of active material present in the cell. The skilled artisan recognizes that pore amount and pore size directly affect the amount of active material present in the matrix. Furthermore, it has been held that change in shape of essential working parts of a device is prima facie obvious. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Lastly, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the layer of negative electrode material on the anode current collector has a thickness in a range of from 5 to 100 µm (claim 5); it would have been obvious in the secondary lithium ion cell of HAMASAKI in view of Yang, in order to maximize the amount of active material present in the cell. The skilled artisan recognizes that thickness of negative electrode material on the anode current collector directly effects the amount of active material present in the cell. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Response to Arguments
Applicant asserts that HAMASAKI et al. CN 184822S does not teach or suggest (i) a metallic contact element comprising a flat metal plate that extends in a plane parallel to a respective terminal end face of the welding, the flat metal plate being in direct contact with a respective first longitudinal edge ...of... [a] current collector...by welding. This assertion is correct and the previously pending rejection is overcome.
However, Applicant asserts that Yang et al. U.S. Pub. 20200343535 does not teach (ii) a layer of negative electrode material [that] comprises a porous, electrically conductive matrix with an open-pore structure and metallic lithium embedded in pores of the matrix, as are required by amended claim 1. More specifically, Yang teaches a ceria-carbon-sulfur composite structure that is a component of the positive electrode, and that the negative electrode does not teach the an open-pore structure. This argument is not persuasive. Yang taches a current collector foam which is porous. See paragraph [0138]. In some cases, the lithium metal layer may have a form in which lithium metal or lithium alloy is deposited or coated by a dry process on the current collector, or a form in which metal and alloy of a particle phase are deposited or coated by a wet process or the like. See paragraph [0140]. A wet process of lithium metal on foam would result in the claimed negative electrode open-pore structure that is electrically conductive with lithium in the pores. However, HAMASAKI was relied upon to show the conventionality of the claimed configuration that may explicitly be used in lithium ion batteries. See TECHNICAL-FIELD. Yang teaches a lithium-sulfur battery.
Therefore, an anode structure identical to instant claim 1 in a lithium ion battery has been provided in the interest of compacting prosecution.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may 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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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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