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
The amendment filed on February 27th 2026 is acknowledged. Claims 1, 4-10, & 19 remain pending in the application. Claims 2 & 12-18 remain withdrawn. Claims 3 & 11 were cancelled by the Applicant. Applicant’s arguments to the previous rejections of the claims were fully considered and are persuasive. The 102 rejections of the claims in view of Proctor are withdrawn due to the Applicant’s amendments. The 103 rejections of the claims in view of Kim and Zhang were withdrawn due to Applicant’s amendments. However, upon further consideration, a new grounds of rejection is made in view of Mikhaylik et al. US 2010/0129699 A1. New rejections follow.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5, 7-9, & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mikhaylik et al. US 2010/0129699 A1, and further in view of Zhang et al. US 2016/261000 A1.
Regarding Claim 1, Mikhaylik discloses a lithium secondary battery that comprises a positive electrode current collector (Figure 3 Item 36), a negative electrode (Figure 3 Item 10), and a separator disposed between the positive electrode current collector and the negative electrode (Figure 3 Item 24) [0037-0038]. Mikhaylik discloses a positive electrode that is disposed between the positive electrode current collector and the separator (Figure 3 Item 32) that comprises a positive electrode active material [0029]. Mikhaylik further discloses an electrolytic solution [0030].
PNG
media_image1.png
493
851
media_image1.png
Greyscale
Annotated Mikhaylik Figure 3
Mikhaylik further discloses a polymer layer (Figure 3 Item 40) disposed between the positive electrode and the separator wherein the polymer layer contacts a surface of the separator (see Annotated Figure 3 above) [0038]. Mikhaylik discloses that the polymer layer comprises a polymer such as polypyrrole or polyacetylene [0051], which Applicant lists are suitable for use as the anion-absorbing conductive polymer [Specification 0056]. Thus, Mikhaylik discloses a polymer layer consisting of an anion-absorbing conductive polymer.
Mikhaylik fails to disclose that the negative electrode is free of a negative electrode active material.
Zhang discloses an anode-free rechargeable battery [Abstract], wherein the anode comprises a copper, nickel, or iron anode current collector [0039]. Zhang discloses more specifically in the examples the use of copper as the anode current collector [0044, 0045, 0046]. Zhang specifically discloses that the negative electrode (anode) is free from active material (active ions are stored in cathode initially) [0036].
Zhang discloses that a battery with this configuration improves the energy density of lithium based batteries, reduce the weight and volume of the battery, and allows for minimal loss of active ions during battery operation [0051].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to replace the negative electrode of Mikhaylik with the “anode-free” negative electrode (current collector made of Cu, Ni, or Fe) of Zhang to provide a battery with improved energy density, reduced weight and volume, and minimal loss of active ions. Thus, modified Mikhaylik discloses a battery comprising a negative electrode that is free of a negative electrode active material.
Regarding Claim 4, as mentioned with regards to Claim 1 above, Mikhaylik discloses that the polymer layer consisting of the anion-absorbing conductive polymer (polymer layer Figure 3 Item 40) is disposed on a first surface of the positive electrode, opposite to a second surface of the positive electrode that contacts the positive electrode current collector, as illustrated in Annotated Mikhaylik Figure 3 below.
PNG
media_image2.png
493
928
media_image2.png
Greyscale
Annotated Mikhaylik Figure 3
Regarding Claim 5, Mikhaylik discloses that in one embodiment the polymer of the polymer layer is included in the matrix of the cathode [0045], as shown in Figure 6 Item 64, thus Mikhaylik discloses that the positive electrode (cathode) comprises the anion-absorbing conductive polymer (polymer of polymer layer that Mikhaylik discloses can be polypyrrole or polyacetylene as mentioned with regards to Claim 1 above).
Regarding Claim 7, Mikhaylik discloses a lithium secondary battery [0025], and discloses that lithium moves between the cathode and the anode [0025] therefore Mikhaylik discloses that the lithium secondary battery is capable of depositing lithium metal on a surface of the negative electrode and electrolytically dissolving the deposited lithium. Examiner notes that the claim limitation “charging and discharging are performed by depositing lithium metal on a surface of the negative electrode and electrolytically dissolving the deposited lithium” was treated as intended use and not given undue weight.
Regarding Claim 8, modified Mikhaylik, with the modification of Zhang, discloses that the negative electrode is an electrode consisting of Cu, Ni, or Fe [Zhang 0039].
Regarding Claim 9, modified Mikhaylik, with the modification of Zhang, discloses that the battery is assembled in a fully discharged state wherein all the active ions (lithium) are stored in the cathode before initial charge [Zhang 0036], thus modified Mikhaylik discloses that there is no lithium foil formed (no active ions) on the surface of the negative electrode before initial charging.
Regarding Claim 19, Mikhaylik discloses a battery that comprises a positive electrode current collector (Figure 3 Item 36), a negative electrode (Figure 3 Item 10), and a separator disposed between the positive electrode current collector and the negative electrode (Figure 3 Item 24) [0037-0038]. Mikhaylik discloses a positive electrode that is disposed between the positive electrode current collector and the separator (Figure 3 Item 32) that comprises a positive electrode active material [0029]. Mikhaylik further discloses an electrolytic solution [0030].
Mikhaylik further discloses a polymer layer (Figure 3 Item 40) disposed between the positive electrode and the separator wherein the polymer layer contacts a surface of the separator (see Annotated Figure 3) [0038]. Mikhaylik discloses that the polymer layer comprises a polymer such as polypyrrole or polyacetylene [0051], which Applicant lists are suitable for use as the anion-absorbing conductive polymer [Specification 0056]. Thus, Mikhaylik discloses a polymer layer consisting of an anion-absorbing conductive polymer.
Mikhaylik fails to disclose that the negative electrode is free of a negative electrode active material.
Zhang discloses an anode-free rechargeable battery [Abstract], wherein the anode comprises a copper, nickel, or iron anode current collector [0039]. Zhang discloses more specifically in the examples the use of copper as the anode current collector [0044, 0045, 0046]. Zhang specifically discloses that the negative electrode (anode) is free from active material (active ions are stored in cathode initially) [0036].
Zhang discloses that a battery with this configuration improves the energy density of lithium based batteries, reduce the weight and volume of the battery, and allows for minimal loss of active ions during battery operation [0051].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to replace the negative electrode of Mikhaylik with the “anode-free” negative electrode (current collector made of Cu, Ni, or Fe) of Zhang to provide a battery with improved energy density, reduced weight and volume, and minimal loss of active ions. Thus, modified Mikhaylik discloses a battery comprising a negative electrode that is free of a negative electrode active material, thus discloses an anode free battery.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mikhaylik and Zhang as applied to claim 1 above, and further in view of Kobayakawa et al. US 2013/0252102 A1.
Regarding Claim 6, as mentioned with regards to Claim 5 above, Mikhaylik discloses that in one embodiment the polymer of the polymer layer is included in the matrix of the cathode [0045], as shown in Figure 6 Item 64, thus Mikhaylik discloses that the positive electrode (cathode) comprises the anion-absorbing conductive polymer (polymer of polymer layer that Mikhaylik discloses can be polypyrrole or polyacetylene as mentioned with regards to Claim 1 above).
Mikhaylik is silent as to the amount of the anion-absorbing conductive polymer in the lithium secondary battery in terms of the capacity ratio.
Kobayakawa discloses a positive electrode, which comprises the anion-absorbing conductive polymer (polyaniline Example 1) [0079], similar to that of Mikhaylik. Kobayakawa discloses that the positive electrode comprises 90wt% positive electrode active material and 3wt% anion-absorbing conductive polymer (LiFePO4 added in 90 parts by weight; polymer comprising polyaniline added in 3 parts by weight) [0079]. Kobayakawa discloses that the capacity per mass of the positive electrode mixture was 150 mAh/g [0090], thus Kobayakawa discloses that the capacity ratio of the anion-absorbing conductive polymer to the total positive electrode active material and anion-absorbing conductive polymer is 3%, which falls within the claimed range.
Kobayakawa discloses that the conductive polymer contained in the positive electrode helps to bind the active material [0015], provides oxidation resistance which maintains the output characteristics of the electrode, and improves the overall cycle characteristics of the battery [0016].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to use the suggested amount of the conductive polymer of Kobayakawa in the positive electrode of modified Mikhaylik to provide a battery with improved binding of active material in the positive electrode and improved cycle characteristics.
Thus, modified Mikhaylik with the modification of Kobayakawa discloses that the capacity ratio of the anion-absorbing conductive polymer to the total positive electrode active material and anion-absorbing conductive polymer is 3%.
Claim 10 are rejected under 35 U.S.C. 103 as being unpatentable over Mikhaylik and Zhang as applied to claim 1 above, and further in view of Chen US 2019/0379056 A1.
Regarding Claim 10, modified Mikhaylik is relied upon for the reasons given above in addressing Claim 1, however is silent as to the energy density.
Chen discloses a lithium battery and components for a lithium battery [0002], more specifically Chen discloses making lithium-free anodes [0005, 0081]. Chen discloses that the substrate used for the lithium-free anodes can be copper [0005], nickel, titanium, or stainless steel [0083], similar to the anode of modified Kim as modified by Zhang as mentioned with regards to Claim 8 above. Chen discloses that the copper anode exhibits an energy density of over 500 Wh/g [0180].
Chen discloses that the metal anode such as this has high energy density and great safety, are compatible with current manufacturing process, and are low cost [0005, 0081].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to replace the negative electrode of modified Mikhaylik with the metal anode of Chen to provide a battery with high energy density, great safety, compatibility with current manufacturing processes, and low cost. Thus, modified Mikhaylik with the modified negative electrode of Chen discloses an energy density within the claimed range.
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA E GOULD whose telephone number is (571)270-1088. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.E.G./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 10 April 2026
Prosecution Insights