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 .
Election/Restrictions
Claims 1-3, 8-10, 20, 23, 25-27, 31-33, 35, 36, 38, and 46 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected groups, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/06/2026.
Applicant's election with traverse of Group III (Claims 51-54) in the reply filed on 3/06/2026 is acknowledged. The traversal is on the ground(s) that Groups I and III share at least one special technical feature of a solid composite comprising particles in an elastomeric mix. This is not found persuasive because although Groups I and III share the technical feature of a solid composite comprising particles in an elastomeric mix, this shared technical feature does not make a contribution over the prior art in view of Christensen (US 20040058240 A1): Christensen teaches a composition for an electrochemical cell comprising a plurality of particles and a polymer comprising fluorine (0014). The polymer is an elastomer (0022 - fluoroelastomer binder) and the polymer is configured to confine the plurality of particles within a structure formed by the polymer (0004 - particles dispersed in an elastomeric polymer binder). The polymer and plurality of particles form an elastic polymer-particle composite (0004).
The requirement is still deemed proper and is therefore made FINAL.
Response to Amendment
The amendments filed 3/06/2026 have been entered. Claims 1, 8, 9, 20, 23, and 51 are amended, Claims 2 and 52 are cancelled, and Claims 59-62 are new.
Support for the amendments can be found in paragraph 0069 of the instant specification.
Claims 1, 3, 8-10, 20, 24, 25-27, 31-33, 35, 36, 38, 46, 51, 53, 54, and 59-62 are pending; Claims 1, 3, 8-10, 20, 24, 25-27, 31-33, 35, 36, 38, and 46 are withdrawn.
Claim Objections
Claim 51 objected to because of the following informalities: in line 6, “fluorine-incorporating” should read “fluorine-containing” to maintain consistency. Similarly, in line 8, “the same fluorine-containing polymer” should read “the same fluorine-containing copolymer” to maintain consistency. Appropriate correction is required.
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) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lockett (US 20180034067 A1) and as evidenced by Pei (Elastic properties of poly(vinylidene fluoride) (PVDF) crystals: A density functional theory study).
Regarding Claim 51, Lockett teaches a battery (Title) comprising:
An anode, comprising a first layer of a first elastic composite material including a plurality of Zn particles (0074, 0183 – the anode can comprise Zn dust) and a first fluorine-containing copolymer confining the plurality of Zn particles within the first layer (0011 – at least one of the cathode and anode can include a polymer binder. Polyvinylidene fluoride-trifluoroethylene is taught as a possible polymer binder).
A cathode, comprising a second layer of a second elastic composite material including a plurality of AgO particles (0074 – the silver-containing cathode can include AgO; 0147 – at least some of the AgO would be in the form of particles) and a second fluorine-containing copolymer confining the plurality of Zn particles within the second layer (0011 – at least one of the cathode and anode can include a polymer binder. Polyvinylidene fluoride-trifluoroethylene is taught as a possible polymer binder),
Wherein the first fluorine-containing copolymer and the second fluorine-containing copolymer are the same fluorine-containing polymer (0119, 0122, 0123 – both electrodes can comprise a polymer binder. Polyvinylidene fluoride-trifluoroethylene is taught as a possible polymer binder).
And a layer of a hydrogel electrolyte disposed between the anode and the cathode (Abstract, Fig. 1 – the separator is located between the anode and the cathode and comprises a gel, which includes dissolved cellulose powder and the electrolyte. This gel can be viewed as a hydrogel electrolyte).
Polyvinylidene fluoride is known to have elastic properties (Pei: Title) meaning that a layer comprising polyvinylidene fluoride would at least have some elasticity.
Although Lockett does not specifically teach embodiments where polyvinylidene fluoride-trifluoroethylene is used as the binder for the cathode and anode, Lockett teaches that both electrodes can comprise a polymer binder and that polyvinylidene fluoride-trifluoroethylene is a possible polymer binder (0119, 0122, 0123). Thus, it would have been obvious to one of ordinary skill in the art to have selected polyvinylidene fluoride-trifluoroethylene as the polymer binder for both the anode and cathode as choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person of ordinary skill in the art (see MPEP 2143 E).
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20110262803 A1) in view of Mendelsohn (US 2872362 A) and as evidenced by Pei (Elastic properties of poly(vinylidene fluoride) (PVDF) crystals: A density functional theory study).
Regarding Claim 51, Huang teaches a battery (Title) comprising:
An anode, comprising a first layer of a first elastic composite material including a plurality of Zn particles (0063 – Zn active material; 0123 – Zn powder) and a first fluorine-containing copolymer confining the plurality of Zn particles within the first layer (0064, 0126 – Example 1: PVDF-co-HFP binder).
A cathode, comprising a second layer of a second elastic composite material including a plurality of AgO particles (Abstract, 0140 – PbAc coated AgO powder) and a second fluorine-containing copolymer confining the plurality of Zn particles within the second layer (0141 – Example 2: PVDF-co-HFP binder),
Wherein the first fluorine-containing copolymer and the second fluorine-containing copolymer are the same fluorine-containing polymer (0126, 0141 – PVDF-co-HFP binder).
Polyvinylidene fluoride is known to have elastic properties (Pei: Title) meaning that a layer comprising polyvinylidene fluoride would at least have some elasticity.
Huang teaches that the electrolyte is disposed between the anode and the cathode and comprises aqueous NaOH or KOH mixed with polymers (Fig. 1, 0096, 0110) but does not teach that it is a gel or hydrogel.
Mendelsohn teaches that batteries containing alkaline electrolytes (Col. 1, line 16), such as silver-zinc batteries with a potassium hydroxide (KOH) electrolyte (Col. 1, lines 37-44), can have improved charge storage, shelf-life, and reduced loss of electrolyte through leakage when a gelling agent is added to the electrolyte (Col. 1 lines 18-25).
Huang and Mendelsohn are considered analogous to the claimed invention as they relate to the same field of endeavor, namely silver-zinc batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte of Huang to comprise a gelling agent as taught by Mendelsohn in order to provide improved charge storage, shelf-life, and reduced loss of electrolyte through leakage.
Adding the gelling agent to the aqueous potassium hydroxide would result in the electrolyte layer being viewed as a hydrogel electrolyte layer.
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Mendelsohn as applied to claim 51 above, and further in view of Kitamura (US 6461768 B1).
Regarding Claim 53, modified Huang teaches the battery of Claim 51. Modified Huang teaches that Bi2O3 can be used in the anode (0125) but does not teach that the Zn particles are coated with a Bi2O3 powder.
Kitamura teaches that zinc particles for use in a negative electrode can be coated with bismuth oxide (Bi2O3) to reduce hydrogen gas evolution in an alkaline battery.
Kitamura is considered analogous to the claimed invention as it relates to the claimed invention, namely alkaline batteries containing zinc.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc particles of modified Huang by coating them with bismuth oxide as taught by Kitamura in order to reduce hydrogen gas evolution.
Claim(s) 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Mendelsohn as applied to claim 51 above, and further in view of Adamson (WO 2008039417 A1).
Regarding Claim 62, modified Huang teaches the battery of Claim 51. Modified Huang teaches that the electrolyte comprises potassium hydroxide (Huang: 0096) but does not teach that the gelling agent is polyvinyl alcohol.
Adamson teaches that a zinc-silver oxide battery (Title) can comprise an electrolyte that is aqueous potassium hydroxide with a gelling agent, such as polyvinyl alcohol (0065).
Adamson is considered analogous to the claimed invention as it relates to the same field of endeavor, namely zinc-silver oxide batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the gelling agent of modified Huang with polyvinyl alcohol as Adamson teaches polyvinyl alcohol as a suitable gelling agent for an alkaline electrolyte comprising potassium hydroxide. Doing so would provide nothing more than the predictable results of an electrolyte with a suitable gelling agent.
Claim(s) 51, 54, 59, 60, and 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adamson (WO 2008039417 A1) in view of Huang (US 20110262803 A1) and as evidenced by Pei (Elastic properties of poly(vinylidene fluoride) (PVDF) crystals: A density functional theory study).
Regarding Claim 51, Adamson teaches a zinc-silver oxide battery (Abstract) comprising an anode comprising zinc, a cathode comprising silver oxide, and an electrolyte comprising aqueous potassium hydroxide and a gelling agent (00654). The electrolyte is between the anode and cathode (0003) and can be viewed as a layer of a hydrogel electrolyte disposed between the anode and the cathode.
Adamson does not teach that the anode comprises a first layer of a first elastic composite material including a plurality of Zn particles and a first fluorine-containing copolymer confining the plurality of Zn particles within the first layer or that the cathode comprises a second layer of a second elastic composite material including a plurality of AgO particles and a second fluorine-incorporating/containing copolymer confining the plurality of AgO particles within the second layer, wherein the first and second fluorine-containing copolymers are the same fluorine-containing polymer.
Huang teaches a zinc-silver oxide battery (Fig. 1). The anode comprises a first layer of a first elastic composite material including a plurality of Zn particles (0063 – Zn active material; 0123 – Zn powder) and a first fluorine-containing copolymer confining the plurality of Zn particles within the first layer (0064, 0126 – Example 1: PVDF-co-HFP binder). The cathode comprises a second layer of a second elastic composite material including a plurality of AgO particles (Abstract, 0140 – PbAc coated AgO powder) and a second fluorine-containing copolymer confining the plurality of Zn particles within the second layer (0141 – Example 2: PVDF-co-HFP binder). The first fluorine-containing copolymer and the second fluorine-containing copolymer are the same fluorine-containing polymer (0126, 0141 – PVDF-co-HFP binder). Polyvinylidene fluoride is known to have elastic properties (Pei: Title) meaning that a layer comprising polyvinylidene fluoride would at least have some elasticity. Huang teaches that the electrodes are free of one or more problems suffered by traditional binders like PTFE and CMC (0005 – traditional binders such as PTFE and CMC present manufacturing problems or have physical properties that limit the efficiency of electrochemical cells, and thus, limiting the utility, cycle life, or shelf life of batteries; 0007 – the present invention provides improved electrodes that are free of one or more of the abovementioned problems suffered by traditional binders).
Adamson and Huang are considered analogous as they relate to the same field of endeavor, namely zinc-silver oxide batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrodes of Adamson to be the electrodes of Huang as they are free of problems suffered by traditional binders.
Regarding Claims 54 and 60, modified Adamson teaches the battery of Claim 51. Adamson teaches an embodiment where the battery comprises multiple separators (Fig. 7), one of which contacts the anode (parts 510 and 570) and one of which contacts the cathode (parts 520 and 560). As the electrolyte is interposed between and in contact with the anode and cathode (0003), the electrolyte would be present in all the separators. Thus, one or more of the separator and electrolyte layers (parts 530, 540, and 550) can be viewed as the hydrogel electrolyte layer and the separator 560 can be viewed as a layer of a first separator material disposed between the anode and the layer of the hydrogel electrolyte (Claim 54) and the separator 570 can be viewed as a layer of a second separator material disposed between the cathode of the layer of the hydrogel electrolyte (Claim 60).
Regarding Claim 59, modified Adamson teaches the battery of Claim 54. Adamson teaches that the separators can comprise a metal oxide filler such as titanium oxide (0047, 0048).
Regarding Claim 62, modified Adamson teaches the battery of Claim 51. Adamson teaches that hydrogel can comprise potassium hydroxide and polyvinyl alcohol (PVA) as a gelling agent (0065).
Although modified Adamson does not provide a specific embodiment where PVA is added as a gelling agent, it would have been obvious to one of ordinary skill in the art before the effective filing date to have selected PVA as a gelling agent as Adamson teaches it as a possible gelling agent and choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person of ordinary skill in the art (see MPEP 2143 E).
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adamson and Huang as applied to claim 51 above, and further in view of Kitamura (US 6461768 B1).
Regarding Claim 53, modified Adamson teaches the battery of Claim 51. Modified Adamson does not teach that the Zn particles are boated with a Bi2O3 powder.
Kitamura teaches that zinc particles for use in a negative electrode can be coated with bismuth oxide (Bi2O3) to reduce hydrogen gas evolution in an alkaline battery.
Kitamura is considered analogous to the claimed invention as it relates to the claimed invention, namely alkaline batteries containing zinc.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc particles of modified Adamson by coating them with bismuth oxide as taught by Kitamura in order to reduce hydrogen gas evolution.
Claim(s) 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adamson and Huang as applied to claim 60 above, and further in view of Balters (US 4209578 A).
Regarding Claim 61, modified Adamson teaches the battery of Claim 60. Modified Adamson does not teach that the second separator material includes cellulose.
Balters teaches a cell with an alkaline electrolyte (Title), a cathode comprising silver oxide (both AgO and Ag2O) (Col. 3, lines 22-26), and an anode comprising zinc (Col. 3, lines 5 and 28). The separator may be made from regenerated cellulose (Col. 3, lines 36-38).
Balters is considered analogous to the claimed invention as it relates to the same field of endeavor, namely zinc-silver oxide batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted at least the second separator material of modified Adamson with the cellulose of Balters as Balters teaches cellulose as a suitable material for a separator in a zinc-silver oxide battery with an alkaline electrolyte. Doing so would provide nothing more than the predictable results of an alkaline battery with a suitable separator material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li (CN 113363429 A) teaches a flexible zinc battery (Title) with a hydrogel electrolyte (Abstract). However, the battery does not comprise silver oxide in the cathode.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIHENG LU whose telephone number is (703)756-1077. The examiner can normally be reached Monday-Friday 8:30 - 5 ET.
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/ZIHENG LU/ Examiner, Art Unit 1752
/Maria Laios/ Primary Examiner, Art Unit 1727
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