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
Applicant’s amendment filed 05/04/2026 has been entered. Claims 1-15, 17-19, and 21-22 are currently pending. Claims 13-15 and 17-19 are withdrawn. Claims 1, 5, 9, 13-15, and 17-19 are currently amended. Claims 16 and 20 are cancelled. Claims 21-22 are new. Support for the new and amended claims is found in the claims as originally filed. In view of Applicant’s amendment, the rejections set forth in the previous Office Action have been withdrawn.
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.
Claims 1-2, 6, 8, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Mura et al. (US 20150218723 A1).
Regarding claim 1, Swonger discloses a method for preparing an electroactive material for an electrochemical cell that cycles lithium ions (paragraphs 0045, 0052), the method comprising: applying a potential to a first assembly comprising a first electrode and an aqueous electrolyte comprising a lithium salt (paragraphs 0045-0047, 0054, anode 8, anolyte is an aqueous lithium feed solution including a salt such as lithium chloride), wherein the first assembly is physically separated from a second assembly by a lithium ion-conducting separator (paragraph 0045, figure 4, membrane 2), the second assembly comprising a second electrode and a non-aqueous electrolyte (paragraph 0045, cathode 7, non-aqueous catholyte 5), and wherein as the potential is applied the lithium salt disassociates forming cations and anions (paragraphs 0022, 0047, ionizing current produces Li cations and Cl anions); and forming the electroactive material as the cations move from the first assembly through the lithium ion-conducting separator towards the second electrode (paragraphs 0045-0047, 0052, lithium ions from feed solution anolyte flow through membrane and catholyte to deposit lithium metal on the cathode). Swonger is silent regarding the first electrode comprising a metal oxide selected from the group consisting of: RuO2, TiO2, PtO2, and combinations thereof.
Mura discloses an electroplating cell according to the invention including an anode chamber in which an anode chamber solution is stored and a separator that separates the anode chamber and a cathode from each other, and the separator can selectively allow permeation of metal ions contained in the anode chamber solution (Mura paragraph 0019). Mura further discloses that the deposited metal compound can be chosen according to the purpose of the coating (Mira paragraph 0150). The reference teaches that the materials constituting the anode includes metal oxides such as platinum oxide and Dimensionally Stable Anode to provide a conductive material with oxidation resistance. (Mura paragraphs 0035-0037, explicitly teaches PtO2 and DSA, which often includes RuO2 and TiO2). Mura and Swonger are analogous because they both disclose electroplating cells.
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 method disclosed by Swonger to include the anode material disclosed by Mura. Doing so would provide a conductive anode with oxidation resistance.
Regarding claim 2, modified Swonger discloses the limitations of claim 1. Swonger further discloses that the cations moving from the first assembly through the lithium ion-conducting separator towards the second electrode comprise lithium and form a lithium film that defines the electroactive material (paragraphs 0045, 0052, 0055, lithium film produced is used form lithiated electrodes for secondary batteries).
Regarding claim 6, modified Swonger discloses the limitations of claim 1. Swonger further discloses that the aqueous electrolyte is free of lithium metal and the lithium salt is selected from the group consisting of: LiCl, LiBr, and combinations thereof (paragraph 0055, aqueous lithium chloride solution).
Regarding claim 8, modified Swonger discloses the limitations of claim 1. Swonger further discloses that the non-aqueous electrolyte comprises a solvent selected from the group consisting of: dimethoxyethane (DME), dioxolane (DOL), ethylene carbonate (EC), dimethyl carbonate (DMC), ethyl methyl carbonate (EMC), and combinations thereof (paragraph 0054, DMC and EC).
Regarding claim 11, modified Swonger discloses the limitations of claim 1. Swonger further discloses that the anions move towards the first electrode and are oxidized at the first electrode to form a gas, and the first assembly further comprises one or more vents for evacuating the gas (paragraphs 0047, 0050).
Regarding claim 12, modified Swonger discloses the limitations of claim 1. Swonger further discloses that at least one of the first assembly and the second assembly further comprises an agitator configured to agitate the aqueous electrolyte or non-aqueous electrolyte, respectively (paragraphs 0050, 0054 circulated via a pump).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Mura et al. (US 20150218723 A1) as applied to claim 1 above, and further in view of Cain et al. (US 20210175486 A1).
Regarding claim 3, modified Swonger discloses the limitations of claim 1. Swonger is silent regarding wherein the second assembly further comprises a precursor electroactive material and the cations moving from the first assembly through the lithium ion-conducting separator interact with the precursor electroactive material to form the electroactive material.
Cain discloses a method for forming a lithiated electroactive material including ionizing a lithium source to form lithium ions (Cain paragraph 0008). Cain further discloses that the lithium ions react with an electroactive material precursor to form an electroactive material (Cain paragraphs 0009, 0072, figure 2, electroactive particles 220). The reference teaches that the method provides an optimized lithiated silicon electroactive material, and silicon has a high theoretical capacity but irreversible capacity loss which may be compensated for by lithiation (Cain paragraphs 0006, 0078). Cain and Swonger are analogous because they both disclose methods of producing active materials with lithium ions.
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 method disclosed by Swonger to include the lithium cations interacting with a precursor electroactive material as disclosed by Cain. Doing so would provide an optimized lithiated active material with high capacity and irreversible capacity loss compensated for.
Regarding claim 4, modified Swonger discloses the limitations of claim 3. Swonger is silent regarding wherein the precursor electroactive material comprises a silicon-containing electroactive material, the cations comprise lithium, and the electroactive material comprises a pre-lithiated silicon-containing electroactive material.
Cain discloses a method for forming a lithiated electroactive material including ionizing a lithium source to form lithium ions (Cain paragraph 0008). Cain further discloses that the lithium ions react with a silicon electroactive material precursor to form an electroactive material (Cain paragraphs 0009, 0024, 0072, figure 2, electroactive particles 220). The reference teaches that the method provides an optimized lithiated silicon-containing electroactive material, and silicon has a high theoretical capacity but irreversible capacity loss which may be compensated for by pre-lithiation (Cain paragraphs 0006, 0024, 0078). Cain and Swonger are analogous because they both disclose methods of producing active materials with lithium ions.
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 method disclosed by Swonger to include the silicon precursor electroactive material and pre-lithiated silicon containing electroactive material as disclosed by Cain. Doing so would provide an optimized lithiated active material with high capacity and irreversible capacity loss compensated for.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Mura et al. (US 20150218723 A1) as applied to claim 1 above, and further in view of Lee et al. (KR 20200118981 A).
Regarding claim 5, modified Swonger discloses the limitations of claim 1. Swonger is silent regarding wherein the metal oxide is a first metal oxide abd the first electrode further comprises a second metal oxide comprising IrO2.
Lee discloses a lithium metal plating method comprising: providing a plating bath; applying voltage to the cathode and anode; depositing lithium cations contained in the first electrolyte on the cathode; and moving lithium cations through the cation exchange membrane (Lee paragraph 0020). Lee further discloses that the anode may be a metal oxide electrode or an iridium oxide electrode (Lee paragraph 0042). The reference teaches that as a result, the electrode is dimensionally stable and provides high productivity (Lee paragraphs 0043-0044). Lee and Swonger are analogous because they both disclose methods of plating lithium ions.
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 electrode disclosed by modified Swonger to include iridium oxide as disclosed by Lee. Doing so would provide a dimensionally stable electrode and high productivity.
Claims 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Mura et al. (US 20150218723 A1) as applied to claim 1 above, and further in view of Hryn et al. (US 20200086281 A1).
Regarding claim 7, modified Swonger discloses the limitations of claim 1. Swonger further discloses that the second electrode comprises a current collector material selected from the group consisting of: stainless steel, nickel, copper, carbon, and combinations thereof (paragraphs 0046, 0054, copper film cathode). Swonger is silent regarding wherein the lithium ion-conducting separator comprises a ceramic or glass material selected from the group consisting of: Li2O, A12O3, SiO2, P2O5, TiO2, GeO2, and combinations thereof, and the second electrode comprises a current collector material selected from the group consisting of: stainless steel, nickel, copper, carbon, and combinations thereof.
Hryn discloses an electrolytic cell for lithium production including a cathode disposed in catholyte, an anode disposed in anolyte, and a membrane which separates the cathode and anode (Hryn paragraph 0035). Hryn further discloses that the separating membrane may comprise A12O3, SiO2, or TiO2 (Hryn paragraph 0080). The reference teaches that the inclusion of these materials can reduce the swelling of the membrane and control properties such as hydrophobicity and ion permeability (Hryn paragraphs 0083-0084). Hryn and Swonger are analogous because they both disclose methods of forming lithium using electrolytic cells.
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 membrane disclosed by Swonger to include the material disclosed by Hryn. Doing so would reduce the swelling of the membrane and control properties such as hydrophobicity and ion permeability.
Regarding claim 21, modified Swonger discloses the limitations of claim 1. Swonger is silent regarding wherein the lithium ion-conducting separator comprises a ceramic or glass material selected from the group consisting of: Li2O, P2O5, GeO2, and combinations thereof.
Hryn discloses an electrolytic cell for lithium production including a cathode disposed in catholyte, an anode disposed in anolyte, and a membrane which separates the cathode and anode (Hryn paragraph 0035). Hryn further discloses that the separating membrane may comprise Li2O, P2O5, and GeO2 (Hryn paragraph 0064, Li2O-Al2O3-SiO2-P2O5-TiO2 conductor included). The reference teaches that the membrane provides stability and ionic conductivity (Hryn paragraphs 0053, 0062). Hryn and Swonger are analogous because they both disclose methods of forming lithium using electrolytic cells.
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 membrane disclosed by Swonger to include the material disclosed by Hryn. Doing so would provide stability and ionic conductivity.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Mura et al. (US 20150218723 A1) as applied to claim 1 above, and further in view of Kang et al. (US 20210381115 A1).
Regarding claim 9, modified Swonger discloses the limitations of claim 1. Swonger is silent regarding wherein the non-aqueous electrolyte comprises an additive selected from the group consisting of: fluoroethylene carbonate (FEC), lithium nitrate (LiNO3), vinylene carbonate (VC), 1,1,2,2-tetrafluoroethyle-2,2,3,3- tetrafluoropropyle ether), 1-dodecyl-methylpurroli-dinium bis(fluorosulfonyl)imide (Pyrl(12)FSI), aluminum ethoxide, and combinations thereof.
Kang discloses a lithium deposition system comprising an anode disposed in an electrolytic plating bath and a cathode in electrical communication with the plating bath (Kang paragraph 0009). Kang further discloses that the electrolyte comprises an additive selected from fluoroethylene carbonate, LiNO3, and vinylene carbonate (Kang paragraph 0030). The reference teaches that the additive produces a protective coating on the produces lithium and enables higher deposition current density, increasing productivity. Kang and Swonger are analogous because they both disclose methods of lithium deposition.
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 disclosed by Swonger to include the additive disclosed by Kang for the purpose of increasing productivity.
Regarding claim 10, modified Swonger discloses the limitations of claim 1. Swonger is silent regarding wherein the second electrode is moved through the non-aqueous electrolyte using a roll-to-roll process.
Kang discloses a lithium deposition system comprising an anode disposed in an electrolytic plating bath and a cathode in electrical communication with the plating bath (Kang paragraph 0009). Kang further discloses that the working electrode copper foil is moved through the electrolyte in a roll-to-roll process (Kang paragraphs 0026, 0045). The reference teaches that the method provides a scalable and efficient approach (Kang paragraphs 0043, 0046). Kang and Swonger are analogous because they both disclose methods of lithium deposition.
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 method disclosed by Swonger to move the electrode through the electrolyte in a roll-to-roll process as disclosed by Kang. Doing so would provide a scalable and efficient process.
Claims 22 is rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Mura et al. (US 20150218723 A1) as applied to claim 1 above, and further in view of Yang et al. (US 20230317916 A1).
Regarding claim 22, modified Swonger discloses the limitations of claim 1. Swonger is silent regarding wherein the non-aqueous electrolyte comprises an additive selected from the group consisting of: 1,1,2,2-tetrafluoroethyl-2,2,3,3-tetrafluoropropyl ether), 1-dodecyl-methylpyrrolidinium bis(fluorosulfonyl)imide (Pyr1(12)FSI), aluminum ethoxide, and combinations thereof.
Yang discloses a method of prelithiating an anode, including providing an anode including an anode active material; providing a lithium source; and prelithiating the anode active material using the lithium source to provide a prelithiated anode prior to an initial charge (Yang paragraph 0007), wherein lithium is plated on the anode (Yang paragraph 0066). Yang further discloses that the electrolyte includes 1,1,2,2-tetrafluoroethyl-2,2,3,3-tetrafluoropropyl ether (TTE) to have a wide electrochemical voltage window; high ionic conductivity; good compatibility with lithium metal; and/or superior ability to homogenize lithium deposition (Yang paragraphs 0057-0059).
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 method disclosed by Swonger to include the electrolyte component disclosed by Yang. Doing so would provide a wide electrochemical voltage window; high ionic conductivity; good compatibility with lithium metal; and/or superior ability to homogenize lithium deposition.
Response to Arguments
Applicant’s arguments with respect to claims 1-22 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
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.
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/B.T.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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