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 without traverse of Group I in the reply filed on 12/02/2025 is acknowledged.
Status of the Claims
The amendment/remarks submitted 12/02/2025 have been entered and fully considered. Claims 81-87 are pending. Claims 1-80 and 88-104 are cancelled. Claims 81-87 are examined herein.
Priority
Acknowledgement is made of applicant’s claim for domestic priority under 35 U.S.C. 119(e).
An effective filing date 02/20/2017, the filing date of provisional application 62/460,985 is applied to the instant claims. Provisional application 62/381,782 does not support the claimed invention.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 82 and 87 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 82, the claim recites “a solid electrolyte interphase between the electrolyte and the buffer layer.” Claim 81 recites “a first electrode of a metal.” The specification does not provide adequate written description for the entire scope of claim 82. The only mentions of the solid electrolyte interphase (SEI) layer in the specification are in paragraphs [0016], [0077], [0078], [0145], and [0211]. In every instance, the SEI layer is mentioned in combination with a lithium metal anode. However, the instant claim is generic to the anode material. Thus, the specification does not provide adequate written description for the entire scope of the claim.
Claim 87 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 87 recites “the carbon nanotubes are coated with the metal of the first electrode.” The level of one of ordinary skill is considered to be high. The art is considered to be predictable. The specification discusses lithiated (or lithium doped) multi-walled carbon nanotubes (MWCNTs) in numerous locations. See, for example, paragraph [0016] of the specification as filed. The specification is completely silent as to a lithium or any other metal coating on the carbon nanotubes or any manner by which the carbon nanotubes would be coated. In view of these factors, the instant claim contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 87 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 87 recites “the carbon nanotubes are coated with the metal of the first electrode.” The specification does not describe any coating on carbon nanotubes of the metal of the first electrode. The specification discusses lithiated (or lithium doped) multi-walled carbon nanotubes (MWCNTs) in numerous locations. See, for example, paragraph [0016] of the specification as filed. In order to advance prosecution, lithiated carbon nanotubes will be interpreted as reading on the instant claim.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 84 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 84, the claim recites “the metal comprises at least one of lithium, sodium, potassium, magnesium, sulfur, and selenium.” Sulfur and selenium, however, are non-metallic elements. This renders the scope of the claim indefinite. The instant claim will be interpreted broadly.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 84 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 84, claim 81 recites “a first electrode of a metal” and claim 84 recites “the metal comprises at least one of lithium, sodium, potassium, magnesium, sulfur, and selenium.” Sulfur and selenium, however, are non-metallic elements. Therefore, the claim fails to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 81-87 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2019/0348672 A1 (“Wang”).
Regarding claims 81 and 84, Wang discloses an electrochemical cell (Abstract; [0073]). The electrochemical cell comprises a protected electrode structure 100 comprising an electrode 110 (“first electrode”) and a protective structure 120 (“buffer layer”) (Fig. 1; [0027]); a second electrode ([0082], [0085]-[0088]); and an electrolyte disposed between the electrode 110 and the second electrode ([0073]-[0084]).
The electrode 110 comprises a metal, such as an alkali metal (which includes lithium, sodium, and potassium) or an alloy of lithium and magnesium ([0068]).
The protective structure 120 comprises elemental carbon and intercalated ions of the metal (Abstract; [0042]) in the form of nanomaterial ([0042], [0050]).
Regarding claim 82, Wang discloses the electrochemical energy storage device of claim 81. Wang further discloses the protective structure forms a stable solid electrolyte interface ([0026]). The solid electrolyte interface is necessarily formed in the claimed position upon its formation.
Regarding claim 83, Wang discloses the electrochemical energy storage device of claim 81. Wang further discloses the metal of the electrode 110 is in the form of a foil ([0068]).
Regarding claim 85, Wang discloses the electrochemical energy storage device of claim 81. As discussed above, the metal of the electrode 110 is lithium ([0068]). Wang further discloses the second electrode comprises sulfur ([0088]).
Regarding claim 86, Wang discloses the electrochemical energy storage device of claim 81. Wang further discloses the elemental carbon comprises carbon nanotubes ([0042]).
Regarding claim 87, Wang discloses the electrochemical energy storage device of claim 86. As the carbon nanotubes are in direct contact with the metal of the electrode 110, this is considered to read on the claimed structure. Moreover, as discussed above, the elemental carbon (in this case, carbon nanotubes) includes intercalated ions of the metal ([0042], [0050]). This is also interpreted as reading on the claimed structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2009/0148769 A1 (“Volkov”) discloses a lithium electrode comprising lithium metal and a layer of lithiated carbonaceous material thereon (Abstract).
US 2012/0315542 A1 (“Lee”) discloses a metal-doped carbon film covers the interface of an electrode active material where it contacts an electrolyte (Abstract).
US 2013/0309571 A1 (“Yoon”) discloses a negative electrode including: a metal layer including lithium; and a platy carbonaceous material layer including a carbonaceous material having a plate structure and disposed on the metal layer (Abstract).
US 2014/0050973 A1 (“Manthiram”) discloses an electrochemical cell including an anode, a sulfur-containing cathode, a lithium-ion-containing electrolyte, and a porous carbon interlayer disposed between the anode and the cathode. The interlayer may be permeable to the electrolyte. The interlayer may be formed from a multiwall carbon nanotube (MWCNT) or a microporous carbon paper (MCP) (Abstract).
CN 104362394 A (“Huang”) discloses a lithium-sulfur rechargeable battery, in particular to a lithium-sulfur rechargeable battery with a graphene or graphene oxide interlayer (Abstract).
US 2015/0171398 A1 (“Roumi”) discloses an electrochemical cell including a composite separator. The composite separator includes at least one electronically conducting layer (Abstract). The electronically conducting layer has a source of active ions ([0017], [0076]).
US 2017/0222227 A1 (“Lux”) discloses a lithium-sulfur battery which includes an electrolyte containing lithium-ions, an anode and a cathode containing sulfur. The lithium-sulfur battery also contains a surface layer which is arranged between the anode and the cathode. The lithium-sulfur battery further includes areas on the cathode side which contain polysulfides. The surface layer of the lithium-sulfur battery contains at least one graphene layer which is permeable to lithium ions and impermeable to polysulfides (Abstract).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727