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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 9th, 2026 has been entered.
Claim Status
Applicant’s arguments submitted on June 9th, 2026 have been entered into the file.
Currently claim 1 is amended, claim 5 is cancelled, and claims 9-18 are non-elected, resulting in claims 1-4, 6-8, 19 pending for examination.
Response to Amendment
The amendments filed June 9th, 2026 have been received.
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.
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.
Claims 1-4, 6-7 are rejected under 35 U.S.C. 103 as being unpatentable Frieberg (U.S. Patent Publication No. 20220320489 A1) in view of Zhang (Chinese Patent Publication No. 108346775 A).
Regarding claim 1, Frieberg teaches a lithium secondary battery (Abstract) comprising:
an anode current collector (Figure 1, Element 26);
a composite layer (negative electrode material layer) (Figure 1, Element 24) disposed on the anode current collector;
an intermediate layer (electrolyte and separator layer) (Figure 1, Elements 16 and 18) disposed on the composite layer;
a cathode active material layer (Figure 1, Element 20) disposed on the intermediate layer; and
a cathode current collector (Figure 1; Element 22) disposed on the cathode active material layer (Paragraph 0040).
Frieberg teaches the composite layer (negative electrode material layer) comprises
a carbon component (Figure 1; Element 38),
metal particles capable of alloying with lithium (lithium-silicon alloy particles) (Figure 1, Element 36);
a polymer binder (Figure 1, Element 32) (Paragraph 0008).
Frieberg teaches the binder to provide structural support to particulate in the of the negative electrode material layer by effectively binding the particles together (Paragraph 0048), which is considered to meet the instant claimed limitation of the polymer binder being capable of binding to the metal particles.
Frieberg teaches the metal particles are composite particles comprising a shell (Figure 2, Element 142) which is a single homogenous layer which surrounds the outer surface of the metal alloy core, the coating being comprised of solid electrolyte material (Paragraphs 0055-0056), meeting the instant claimed limitations of the solid electrolyte being coated on the metal particles.
Frieberg teaches the solid electrolyte material of the shell may comprise lithium thiophosphate, represented by Li3PS4 in some embodiments (Paragraph 0057).
Frieberg is silent as to the solid electrolyte interfacial layer comprises Li3N.
However, Zhang discloses a negative electrode of a lithium battery comprising metal lithium (Paragraph 3). Zhang teaches the metal lithium negative electrode is protected by a shell-like structure comprising a hard material (Paragraph 10) that may be made of a variety of materials, including Li3PS4 and Li3N (Paragraph 15). Zhang teaches that such a protective shell on the negative electrode material results in suppression of dendrite growth and improves utilization rate and cycle life of the battery (Paragraph 7).
Therefore, given the general teachings of Zhang, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the solid electrolyte material Li3PS4 of the shell of the metal particles of Frieberg, because Zhang teaches the variable may suitably be selected as Li3PS4 or Li3N. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified particles would be useful in the negative electrode layer of the battery Frieberg and possess the benefits of suppressed dendrite growth and improved battery utilization rate and cycle life as taught by Zhang. See MPEP § 2143.I.(B).
Regarding claim 2, Frieberg teaches the lithium secondary battery according to claim 1, wherein the carbon component comprises carbon black, acetylene black, graphene, or combinations thereof (Paragraphs 0046 and 0052).
Regarding claim 3, Frieberg teaches the lithium secondary battery according to claim 1, wherein the metal particles comprise silicon (Si) (Paragraph 0009).
Regarding claim 4, Frieberg teaches the lithium secondary battery according to claim 1, wherein the polymer binder comprises polyvinylpyrrolidone (PVP) (Paragraph 0048).
Regarding claim 6, Frieberg teaches the lithium secondary battery according to claim 1, wherein the intermediate layer comprises a solid electrolyte layer or a separator (Paragraph 00040).
Regarding claim 7, Frieberg teaches the lithium secondary battery according to claim 1, wherein the lithium secondary battery further comprises an electrolyte impregnated in the cathode active material layer (infiltrating the positive electrode) (Paragraph 0040), and the electrolyte comprises a lithium salt and a carbonate-based organic solvent (Paragraph 0042).
Claims 1-4, 6, 8, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Li (U.S. Patent Publication No. 2019051925 A1) in view of Park (Korean Patent Publication No. 20190143822 A1), Frieberg (cited above), and Zhang (cited above).
Regarding claim 1, Li teaches a lithium secondary battery comprising:
an anode current collector (Figures 1A-B, Element 5);
a composite layer (porous layer) disposed on the anode current collector (Figures 1A-B, Element 6);
an intermediate layer (solid electrolyte layer) disposed on the composite layer (Figures 1A-B, Element 3);
a cathode active material layer disposed on the intermediate layer (Figures 1A-B, Element 1); and
a cathode current collector disposed on the cathode active material layer (Figures 1A-B, Element 4) (Paragraphs 0006-0008).
Li teaches the composite layer (porous layer) comprising a resin (polymer binder) and an additional material, such as an electron conductive material such as carbon material and metal material (Paragraph 0040), meeting the instant claimed limitations.
Li is silent as to the metal particles of the composite layer being capable of alloying with lithium and the polymer binder being capable of binding to the metal particles.
However, Park discloses a lithium secondary battery having an anode-free structure (Paragraph 0001) wherein the negative electrode free composition contains a metal and a binder (Paragraph 0043). As shown in Figures 2-3, Park teachings lithium metal plated on the layer comprising the negative electrode free composition during charging (Paragraph 0023). Park teaches the metal in the composition may be one or more Al, Zn, Au, Ag, or alloys thereof (Paragraph 0031) and the binder may be polyvinylpyrrolidone (Paragraph 0035). Park teaches the inclusion of the metal and binder in the negative-electrode free composition in order to improve electrical conductivity and ensure mechanical properties (Paragraphs 0032-0034).
The negative electrode free composition of Park is comparable to the composite layer of Li, as both are layers of an anodeless battery and form a surface onto which lithium metal is plated during charging. 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 composite layer of Li to incorporate the teachings of Park in which one or more of Al, Zn, Au, Ag metal particles and a polymer binder that is polyvinylpyrrolidone are contained in the composite layer. Doing so would advantageously result in improved electrical conductivity and mechanical properties, as recognized by Park.
The metal particles that are capable of alloying with lithium defines the particles by what they do, rather than what they are. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim. See MPEP 2173.05(g). Therefore, as discussed above, Park in view of Li teaches the metal particles being Al, Zn, Au, or Ag, which overlap with the examples of the metal particles capable of alloying with lithium in the instant disclosure (Page 8, Lines 15-17). Li in view of Park thus teaches same identity of the metal particles as the instant disclosure, and therefore would be capable of performing in the manner claimed, namely alloying with lithium.
The polymer binder being capable of binding to the metal particles defines the binder by what the binder does, rather than what it is. This is a functional limitation, and therefore was not evaluated on its own, but in conjunction with the remainder of claim. See MPEP 2173.05(g). Therefore, as discussed above, Park in view of Li teaches the binder being polyvinylpyrrolidone which overlaps with the examples of the binder in the instant disclosure (Page 8, Lines 18-20). Li in view of Park thus teaches same identity of the binder as the instant disclosure, and therefore would be capable of performing in the manner claimed, namely binding to the metal particles.
Li is silent as to a solid electrolyte interfacial layer being coated on the metal particles, the solid electrolyte interfacial layer comprising Li3N.
However, Frieberg discloses an electrochemical cell for a secondary lithium battery comprising electrochemically active Li-Si alloy particles (Abstract). Frieberg teaches the metal alloy particles are composite particles comprising a shell (Figure 2, Element 142) which is a single homogenous layer which surrounds the outer surface of the metal alloy core (Figure 2, Element 140), the coating being comprised of solid electrolyte material (Paragraphs 0055-0056). Frieberg teaches the solid electrolyte interfacial layer to function as a passivation layer which helps prevent the Li-Si alloy of the core from participating in undesirable chemical reactions with other chemical compounds in the electrochemical cell (Paragraph 0056).
Therefore, it would have also been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the metal particles of Li to incorporate the teachings of Frieberg in which a solid electrolyte interfacial layer is coated on each metal particle. Doing so would advantageously result in a passivation layer on the metal particles to help combat undesirable side reactions between the particles and other components of the cell, as recognized by Frieberg.
The solid electrolyte interfacial layer of Frieberg is taught to comprise lithium thiophosphate, represented by Li3PS4 in some embodiments (Paragraph 0057).
Zhang discloses a negative electrode of a lithium battery comprising metal lithium (Paragraph 3). Zhang teaches the metal lithium negative electrode is protected by a shell-like structure comprising a hard material (Paragraph 10) that may be made of a variety of materials, including Li3PS4 and Li3N (Paragraph 15). Zhang teaches that such a protective shell on the negative electrode material results in suppression of dendrite growth and improves utilization rate and cycle life of the battery (Paragraph 7).
Therefore, given the general teachings of Zhang, it would have been further obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the solid electrolyte material Li3PS4 of the shell of the metal particles of Frieberg (which modified Li, as discussed above), because Zhang teaches the variable may suitably be selected as Li3PS4 or Li3N. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified particles would be useful in the negative electrode layer of the battery Frieberg and possess the benefits of suppressed dendrite growth and improved battery utilization rate and cycle life as taught by Zhang. See MPEP § 2143.I.(B).
The result of the modification of Li in view of Frieberg and Zhang is a solid electrolyte interfacial layer coated on the metal particles, wherein the solid electrolyte interfacial layer comprises Li3N, meeting the instant claimed limitations.
Regarding claim 2, modified Li teaches the lithium secondary battery according to claim 1, wherein the carbon component comprises carbon black or acetylene black (Paragraph 0040).
Regarding claim 3, modified Li teaches the lithium secondary battery according to claim 1, wherein as discussed above in the modification, the metal particles comprise one or more selected from the group consisting of gold (Au), silver (Ag), aluminum (Al), and zinc (Zn) (Park, Paragraph 0031).
Regarding claim 4, modified Li teaches the lithium secondary battery according to claim 1, wherein as discussed above, the polymer binder comprises polyvinylpyrrolidone (PVP).
Regarding claim 6, modified Li teaches the lithium secondary battery according to claim 1, wherein the intermediate layer comprises a solid electrolyte layer (Paragraph 0044) (Figure 1A, Element 3).
Regarding claim 8, modified Li teaches the lithium secondary battery according to claim 1.
Li teaches that by charging the battery, an anode active material layer (Figure 1B, Element 2) is formed from the deposition of Li between the composite layer (solid electrolyte layer) and the intermediate layer (porous layer) (Paragraph 0027), meeting the instant claimed limitation.
Regarding claim 19, modified Li teaches a vehicle comprising a lithium secondary battery according to claim 1 (Paragraph 0060).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Park, Frieberg, and Zhang as applied to claims 1-4, 6, 8, and 19 above, and further in view of Lee (U.S. Patent Publication No. 20220181687 A1).
Regarding claim 7, modified Li teaches the lithium secondary battery according to claim 1.
Li is silent as to the lithium secondary battery further comprising an electrolyte impregnated in at least one of the intermediate layer and the cathode active material layer, and the electrolyte comprises a lithium salt and a carbonate-based organic solvent.
However, Lee discloses a solid-liquid hybrid electrolyte and a lithium secondary battery including the hybrid electrolyte (Paragraph 0001). Lee teaches the solid-liquid hybrid electrolyte having a small amount of liquid electrolyte to impregnate the solid electrolyte with liquid electrolyte while retaining the ability to transport lithium ions therethrough (Paragraphs 0074 and 0076). Lee teaches the liquid electrolyte of the invention being a salt including a lithium metal cation and a carbonate-based solvent (Paragraph 0078).
Lee teaches the solid-liquid hybrid electrolyte membrane having improved mechanical strength compared to commercially solid electrolyte membranes (Paragraph 0008) while also ensuring ion conductivity (Paragraph 0007).
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 intermediate (solid electrolyte) layer of Li to incorporate the teachings of Lee in which an electrolyte containing a lithium salt and a carbonate-based solvent impregnate the layer. Doing so would result in improved mechanical strength compared to conventional solid electrolytes, as recognized by Lee.
Claims 1-4, 6, 8, and 19 are alternately rejected under 35 U.S.C. 103 as being unpatentable over Li (cited above) in view of Park (cited above), Frieberg (cited above), and Tian (Chinese Patent Publication No. 113258140 A).
As discussed above in the rejection of claim 1, Li teaches a lithium secondary battery comprising:
an anode current collector (Figures 1A-B, Element 5);
a composite layer (porous layer) disposed on the anode current collector (Figures 1A-B, Element 6);
an intermediate layer (solid electrolyte layer) disposed on the composite layer (Figures 1A-B, Element 3);
a cathode active material layer disposed on the intermediate layer (Figures 1A-B, Element 1);
and a cathode current collector disposed on the cathode active material layer (Figures 1A-B, Element 4) (Paragraphs 0006-0008),
wherein the composite layer comprises:
a carbon component;
metal particles capable of alloying with lithium;
a polymer binder (Paragraph 0040).
Also discussed above in the rejection of claim 1, Li in view of Park teaches the metal particles of the composite layer being capable of alloying with lithium and the polymer binder being capable of binding to the metal particles.
Also discussed above in the rejection of claim 1, Li in view of Park and Frieberg teaches a solid electrolyte interfacial layer being coated on the metal particles.
Modified Li is silent as to the solid electrolyte interfacial layer comprising Li3N.
Tian discloses an electrolyte for a lithium secondary battery (Paragraph 3). Tian teaches that it is generally known in the art that during the battery formation process, by-products from the reaction of the negative electrode and the electrolyte accumulate on the surface of the negative electrode to form a dense film, also known as the solid electrolyte film (SEI), which allows for a stable cycle of the battery (Paragraph 6). Further, Tian teaches that the electrolyte composition may be tuned in order to control the type, structure, and morphology of the products forming the SEI on the surface of the negative electrode (Paragraph 6). Tian teaches that nitrate additives are known in the art to induce the formation of a stable SEI rich in Li3N that is able to achieve improved cycle performance (Paragraph 7).
Tian teaches an electrolyte composition for a lithium secondary battery including a nitrate additive (Paragraphs 11-12) which forms an SEI containing Li3N in order to increase the capacity of the battery as well as its cycle stability (Paragraph 62).
Therefore, Tian teaches it is known in the art that Li3N is a desirable component of solid electrolyte interfacial (SEI) layers formed on the negative electrode. 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 solid electrolyte interfacial coating of the metal particles of Li in view of Park and Frieberg to incorporate the teachings of Tian in which the coating is comprised of lithium nitride (LiN3). Doing so would advantageously result in enhanced battery capacity and cycle stability, as recognized by Tian.
Regarding claim 2, as discussed above, modified Li teaches the lithium secondary battery according to claim 1, wherein the carbon component comprises carbon black or acetylene black (Paragraph 0040).
Regarding claim 3, as discussed above, modified Li teaches the lithium secondary battery according to claim 1, wherein as discussed above in the modification, the metal particles comprise one or more selected from the group consisting of gold (Au), silver (Ag), aluminum (Al), and zinc (Zn) (Park, Paragraph 0031).
Regarding claim 4, as discussed above, modified Li teaches the lithium secondary battery according to claim 1, wherein as discussed above, the polymer binder comprises polyvinylpyrrolidone (PVP).
Regarding claim 6, as discussed above, modified Li teaches the lithium secondary battery according to claim 1, wherein the intermediate layer comprises a solid electrolyte layer (Paragraph 0044) (Figure 1A, Element 3).
Regarding claim 8, as discussed above, modified Li teaches the lithium secondary battery according to claim 1.
Li teaches that by charging the battery, an anode active material layer (Figure 1B, Element 2) is formed from the deposition of Li between the composite layer (solid electrolyte layer) and the intermediate layer (porous layer) (Paragraph 0027), meeting the instant claimed limitation.
Regarding claim 19, as discussed above, modified Li teaches a vehicle comprising a lithium secondary battery according to claim 1 (Paragraph 0060).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Park, Frieberg, and Tian as applied to claims 1-4, 6, 8, and 19 above, and further in view of Lee (cited above).
Regarding claim 7, modified Li teaches the lithium secondary battery according to claim 1.
Li is silent as to the lithium secondary battery further comprising an electrolyte impregnated in at least one of the intermediate layer and the cathode active material layer, and the electrolyte comprises a lithium salt and a carbonate-based organic solvent.
However, Lee discloses a solid-liquid hybrid electrolyte and a lithium secondary battery including the hybrid electrolyte (Paragraph 0001). Lee teaches the solid-liquid hybrid electrolyte having a small amount of liquid electrolyte to impregnate the solid electrolyte with liquid electrolyte while retaining the ability to transport lithium ions therethrough (Paragraphs 0074 and 0076). Lee teaches the liquid electrolyte of the invention being a salt including a lithium metal cation and a carbonate-based solvent (Paragraph 0078).
Lee teaches the solid-liquid hybrid electrolyte membrane having improved mechanical strength compared to commercially solid electrolyte membranes (Paragraph 0008) while also ensuring ion conductivity (Paragraph 0007).
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 intermediate (solid electrolyte) layer of Li to incorporate the teachings of Lee in which an electrolyte containing a lithium salt and a carbonate-based solvent impregnate the layer. Doing so would result in improved mechanical strength compared to conventional solid electrolytes, as recognized by Lee.
Response to Arguments
Applicant argues in the remarks submitted June 9th, 2026 that the prior art of record fails to teach or suggest “the solid electrolyte interfacial layer comprises Li3N,” as recited in the amended claim 1. Applicant points out that the prior art relied upon in the previous Final Rejection mailed March 9th, 2026 to teach the composition of the solid electrolyte interfacial layer to be lithium oxide (LiO2). As Kim does not disclose lithium nitride as a suitable material for the interfacial layer, the claimed limitations are not obvious over the prior art of record.
Applicant’s arguments with respect to claims 1-4, 6, 8, and 19 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.
Conclusion
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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