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 .
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.
Specification
The specification and drawings have been reviewed and no clear informalities or objections have been noted.
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, 3, 6, 7, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harutyunyan (US 2023/0402614) in view of Nakahara (US 2020/0227774).
Regarding claims 1 and 9, Harutyunyan discloses a secondary battery, comprising:
a cathode material (110, 105);
a solid electrolyte (paragraph 67); and
an anode structure (anode 120 and anode current collector 125) that includes a sheet in which a plurality of yarns formed of carbon nanotube (CNT) fibers are woven in a single layer (such as the woven sheet of Fig. 2A, which is a single layer, that is disclosed as a part of the current collector, see abstract).
Harutyunyan teaches a battery that comprises at least a single layer of woven carbon nanotubes as part of the current collector along with a solid electrolyte in the battery, but is silent regarding the inclusion of at least a portion of the anode structure in the solid electrolyte.
Nakahara also discloses a battery (see abstract).
Nakahara teaches a solid electrolyte (103, see paragraph 17) that is adjacent to an anode (104) and an anode current collector (105). Nakahara teaches that at the interface of the anode and the solid electrolyte, a composite is formed which mixes the anode active material with the solid electrolyte (as described in the abstract). Nakahara teaches such a configuration as it increases the affinity between the active material/anode and the solid electrolyte and the differences in properties of the anode and solid electrolyte have less of an effect on the contact between the anode and the solid electrolyte (paragraph 16).
As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to include at least a portion of the anode active material/anode structure of Harutyunyan in the solid electrolyte, as taught by Nakahara, in order to increase the affinity between the active material/anode and the solid electrolyte and decrease the effect on the contact between the anode and the solid electrolyte due to their different material properties.
Regarding claim 3, Harutyunyan further discloses each of the plurality of yarns is a braided yarn (see paragraph 80 which discloses how the yarn is formed by twisting/braiding carbon nanotubes).
Regarding claims 6 and 7, Harutyunyan further discloses each of the plurality of yarns is a twisted yarn which are made up of CNT threads being twisted (see paragraph 80 which discloses how the yarn is formed by twisting/braiding carbon nanotubes).
Regarding claim 12, Harutyunyan further discloses the electrolyte is a solid electrolyte (paragraphs 67 and 73) which indicates a lack of separator (solid state electrolyte functions as the separator so there is no need for a separate separator).
Claim(s) 4, 5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harutyunyan (US 2023/0402614) and Nakahara (US 2020/0227774) in view of Zhang (US 2008/0170982).
Regarding claim 4, Harutyunyan discloses a braided/twisted yarn of nanotube, but does not teach that the braided yarn is formed by a plurality of primary twisted yarns being braided to each other, and wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted.
Zhang also discloses carbon nanotube yarns to be used in batteries (see paragraph 403).
Zhang further discloses the braided yarn is formed by a plurality of primary twisted yarns (such as depicted in Fig. 3A which illustrates a single yarn with multiple nanotubes that are twisted to form it) being braided to each other (twisted, as depicted in Fig. 3C), and wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted (as depicted in Fig. 3A). Zhang teaches such a configuration to produce an increased conductivity (see paragraph 403 which states that the prior art fibers have much lower electrical conductivity than the highly twisted nanotube yarns).
As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the braided yarns of Zhang to the current collector of Harutyunyan in order to utilize the beneficial conductivity of the twisted, braided nanotube yarns.
Regarding claims 5, Harutyunyan, as modified by Zhang above, does not disclose:
wherein the braided yarn is formed by secondary twisted yarns being braided to each other,
wherein each of the secondary twisted yarns is formed by a plurality of primary twisted yarns being twisted to each other, and
wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted.
Zhang discloses the braided yarn (Fig. 3C of Zhang) is formed by secondary twisted yarns being braided to each other (such as in Fig. 3C where a 3 secondary yarns are braided to makeup Fig. 3C), wherein each of the secondary twisted yarns is formed by a plurality of primary twisted yarns being twisted to each other (such as the primary twisted yarns of Fig. 3B), and wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted (as depicted in Fig. 3A). Zhang teaches such a configuration to produce an increased conductivity (see paragraph 403 which states that the prior art fibers have much lower electrical conductivity than the highly twisted nanotube yarns).
As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the braided yarns of Zhang to the current collector of Harutyunyan in order to utilize the beneficial conductivity of the twisted, braided nanotube yarns.
Regarding claim 8, Harutyunyan, as modified by Zhang above, does not disclose:
wherein the twisted yarn is a secondary twisted yarn, which is formed by primary twisted yarns being twisted to each other, and wherein each of the primary twisted yarns is formed by a plurality of CNT threads being twisted.
Zhang further discloses each of the plurality of yarns is a twisted yarn (see Fig. 3 which teaches the embodiments of these claims where the nanotubes are twisted into yarn (Fig. 3A primary twisted yard) and where the yarn is then twisted together (Fig. 3B, for example, secondary twisted yarn). Zhang teaches such a configuration to produce an increased conductivity (see paragraph 403 which states that the prior art fibers have much lower electrical conductivity than the highly twisted nanotube yarns).
As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the braided yarns of Zhang to the current collector of Harutyunyan in order to utilize the beneficial conductivity of the twisted, braided nanotube yarns.
Relevant Prior Art
US 2020/0087148 – Discloses carbon nanotube composites that can be used as anodes, but is silent regarding the yarn and the weaving.
Sun, Weavable high-capacity electrodes, Nano Energy (2013) 2, 987-994 – Discloses weaving carbon nanofiber yarn into a high-capacity electrode sheet.
Response to Arguments
Applicant's arguments filed 5/5/2026 have been fully considered but they are not persuasive. On page 6, Applicant argues that Harutyunyan teaches a configuration that “conventionally includes a separator and liquid electrolyte”. The Office agrees with the fact that Harutyunyan teaches an embodiment with a liquid electrolyte and a separator, however, it is noted that Harutyunyan also discloses an embodiment with a solid electrolyte, similar to that of the newly cited reference Nakahara, as described in the rejection above.
Furthermore, Applicant argues that Harutyunyan does not teach the same benefits of the instant invention. It is noted that such a feature is not required to establish a prima facie case of obviousness.
It is also noted that in claim 1, Applicant is not claiming that the single layer of carbon nanotube is at least partially in the solid electrolyte, but rather that a portion of the anode structure is. The anode structure can include more than the single layer of carbon nanotubes. It is also noted that Applicant has not claimed that the single layer of carbon nanotube is the ONLY structure of the sheet. The claims merely state that a single layer of woven carbon nanotubes is present in the sheet. Interpreted this way, the sheet can indeed include a plurality of carbon nanotube layers. A plurality of carbon nanotube layers inherently includes a single carbon nanotube layer.
Finally, Applicant argues that there is no motivation to combine the teachings of Harutyunyan and Zhang but does not point out any alleged errors. These two references are combinable for the reasons set forth in the Office Action.
Allowable Subject Matter
Claims 2, 10, 11 and 13-18 allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art, Zhang, teaches the use of carbon nanofiber yarn in a battery and teaches an electrolyte infiltrated into the yarn. However, Zhang is silent regarding the plurality of yarns being woven in the claimed styles and in a single layer. Furthermore, the prior art neither teaches nor suggests a motivation to modify Zhang to arrive at the claimed secondary battery.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm.
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/MATTHEW J MERKLING/Primary Examiner, Art Unit 1725