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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 11/25/2025 is acknowledged. The traversal is on the ground(s) that the claims do not impose a serious search burden. This is not found persuasive because the inventions have acquired a separate status in view of their different classification, and as identified in the previously mailed Office Action, the inventions are materially different, resulting in the need to search difference classifications and fields due to the differing plating and temperature process limitations.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on11/25/2025.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 6, 8, and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swonger et al. (US 20190048483 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).
Regarding claim 2, 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, 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, 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, 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, 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).
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Cain et al. (US 20210175486 A1).
Regarding claim 3, 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 Cain et al. (US 20210175486 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 first electrode comprises a metal oxide selected from the group consisting of: RuO2, TiO2, IrO2, PtO2, and combinations thereof.
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 Swonger to be of the material disclosed by Lee. Doing so would provide a dimensionally stable electrode and high productivity.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Cain et al. (US 20210175486 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.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Swonger et al. (US 20190048483 A1) in view of Cain et al. (US 20210175486 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.
Conclusion
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/B.T.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727