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 .
Examiner’s Comments
Applicants’ response filed on 6/18/2026 has been fully considered. Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
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 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 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vissers et al (US 2019/0355968 A1).
Regarding claim 1, Vissers discloses an apparatus (battery apparatus; Fig. 1 #100; paragraph 0017]) comprising:
a negative molten fluid electrode within a negative region of a reaction chamber (Fig. 1 #104; paragraph [0020]), the negative molten fluid electrode comprising negative molten fluid electrode material being fluid at least within the operating temperature range of the apparatus (fluid negative electrode material in the negative electrode region forms a negative electrode of the battery apparatus; Fig. 1 #114; paragraph [0020]);
a positive molten fluid electrode within a positive region of a reaction chamber (Fig. 1 #106; paragraph [0020]), the positive molten fluid electrode comprising positive molten fluid electrode material being fluid at least within the operating temperature range of the apparatus (fluid positive electrode material in the positive electrode region forms a positive electrode of the battery apparatus; Fig. 1 #116; paragraph [0020]);
a solid electrolyte positioned between the negative molten fluid electrode and the positive molten fluid electrode (solid lithium iodide electrolyte between separating the negative electrode and the positive electrode; Fig. 1 #108; paragraph [0019]) and
a negative region reinforcing structure component positioned adjacent to the solid electrolyte in the negative region of the reaction chamber (top surface of metal foam which contains the solid lithium iodide electrolyte and contacts the negative electrode region; Fig. 6 #600; paragraph [0031]) and having an open geometry configured to allow the negative electrode material to flow through the geometry during operation of the apparatus and to contact the solid electrolyte (metal foam has pores; Fig. 6 #606; paragraph [0031]); and
a positive region reinforcing structure component positioned adjacent to the solid electrolyte in the positive region of the reaction chamber (bottom surface of metal foam which contains the solid lithium iodide electrolyte and contacts the positive electrode region; Fig. 6 #600; paragraph [0031]) and having an open geometry configured to allow the positive electrode material to flow through the geometry during operation of the apparatus (metal foam has pores; Fig. 6 #606; paragraph [0031]).
The open pores of the metal foam would allow for the negative electrode material and the positive electrode active material to flow through during operation of the apparatus.
Regarding claim 2, Vissers discloses the apparatus of claim 1 as noted above and Vissers discloses the apparatus comprising wherein the solid electrolyte comprises a salt formed with a cation of the negative electrode material (solid electrolyte comprises LiI and negative electrode material comprises Li; paragraph [0019]) and wherein at least a portion of the solid electrolyte in a solid state at least within the operating temperature range of the apparatus (Lil is in the solid phase within the operating temperature range; paragraph [0018]).
Regarding claim 6, Vissers discloses the apparatus of claim 1 as noted above and Vissers discloses the apparatus comprising the negative region reinforcing structure component and the positive region reinforcing structure component are electrically conductive (metal foam is electrically conductive; paragraph [0030]).
Regarding claim 7, Vissers discloses the apparatus of claim 6 as noted above and Vissers discloses the apparatus comprising the negative region reinforcing structure component forms a negative current collector and the positive region reinforcing structure component forms a positive current collector (metal foam is electrically conductive; paragraph [0030]).
Regarding claim 8, Vissers discloses the apparatus of claim 7 as noted above and Vissers discloses the apparatus comprising the negative region reinforcing structure and the positive region reinforcing structure comprise a metal (metal foam is electrically conductive; paragraph [0030]).
Regarding claim 10, Vissers discloses the apparatus of claim 1 as noted above and Vissers discloses the apparatus comprising at least one of the negative region reinforcing structure and the positive region reinforcing structure being electrically nonconductive (dielectric material deposited on reinforcement structure of metal foam making it non-conductive; paragraph [0030]).
Regarding claim 11, Vissers discloses the apparatus of claim 10 as noted above and Vissers discloses the apparatus comprising at least one of the negative region reinforcing structure and the positive region reinforcing structure comprises a metal coated with an electrically nonconductive coating (dielectric material deposited on reinforcement structure of metal foam making it non-conductive; paragraph [0030]).
Regarding claim 12, Vissers discloses the apparatus of claim 1 as noted above and Vissers discloses the apparatus comprising:
the negative molten fluid electrode comprises lithium (paragraph [0019]), the lithium being fluid at least within an operating temperature of the apparatus (paragraph [0019]);
the positive molten fluid electrode comprises sulfur (paragraph [0019]), the sulfur being fluid at least within the operating temperature of the apparatus (paragraph [0019]); and
the solid electrolyte comprises a solid lithium salt (solid lithium iodide electrolyte; paragraph [0019]).
Regarding claim 13, Vissers discloses the apparatus of claim 1 as noted above and Vissers discloses the apparatus further comprising: a third reinforcing structure component adjacent to at least one edge of the solid electrolyte not exposed to either the negative molten fluid electrode material or the positive molten fluid electrode material (portion of wall of heating apparatus #118 in Fig. 1 adjacent to edges of solid lithium iodide electrolyte that are not adjacent to negative electrode material or positive electrode material; paragraph [0022]), the third reinforcing structure component restricting movement of the solid electrolyte (portion of wall of heating apparatus #118 in Fig. 1 holding the solid lithium iodide electrolyte in place thereby restricting movement; paragraph [0022]).
Regarding claim 14, Vissers discloses the apparatus of claim 1 as noted above and Vissers discloses the apparatus comprising the third reinforcing structure component forming a seal impermeable to the solid electrolyte, the negative molten fluid electrode material, and the positive molten fluid electrode material (walls of heating apparatus #118 in Fig. 1 providing an impermeable seal for the solid lithium iodide electrolyte, the negative electrode material and the positive electrode material; paragraph [0022]).
Regarding claim 15, Vissers discloses an apparatus (battery apparatus; Fig. 1 #100; paragraph 0017]) comprising:
a reaction chamber comprising a negative electrode region separated from a positive electrode region by a solid electrolyte (reaction chamber has negative electrode region separated from positive electrode region by a solid lithium iodide electrolyte; Fig. 1 #102; paragraph [0019]);
a negative molten fluid electrode comprising negative molten fluid electrode material within the negative electrode region (Fig. 1 #104; paragraph [0020]) and being fluid at least within the operating temperature range of the apparatus (fluid negative electrode material in the negative electrode region forms a negative electrode of the battery apparatus; Fig. 1 #114; paragraph [0020]);
a positive molten fluid electrode comprising positive molten fluid electrode material (Fig. 1 #106; paragraph [0020]) with the positive electrode region being fluid at least within the operating temperature range of the apparatus (fluid positive electrode material in the positive electrode region forms a positive electrode of the battery apparatus; Fig. 1 #116; paragraph [0020]);
a solid electrolyte comprising a salt formed with cations of the negative molten fluid electrode material (solid electrolyte comprises LiI and negative electrode material comprises Li; paragraph [0019]), at least a portion of the solid electrolyte in a solid state at least within the operating temperature range of the apparatus (Lil is in the solid phase within the operating temperature range; paragraph [0018]);
a reinforcing structure forming a reinforced solid electrolyte having a reinforced solid electrolyte strength greater than a solid electrolyte strength of the solid electrolyte (reinforcing structure providing solid lithium iodide electrolyte with increased toughness and strength over solid electrolyte without a reinforcing structure; paragraph [0030]), the reinforcing structure comprising:
a negative region reinforcing structure component adjacent to the solid electrolyte and within the negative molten fluid electrode (top surface of metal foam which contains the solid lithium iodide electrolyte and contacts the negative electrode region; Fig. 6 #600; paragraph [0031]), the negative region reinforcing structure component having an open geometry configured to allow negative molten fluid electrode material to extend through the geometry to contact the solid electrolyte during operation of the apparatus (metal foam has pores; Fig. 6 #606; paragraph [0031]); and
a positive region reinforcing structure component between the solid electrolyte and the molten fluid positive electrode (bottom surface of metal foam which contains the solid lithium iodide electrolyte and contacts the positive electrode region; Fig. 6 #600; paragraph [0031]), the positive region reinforcing structure component having an open geometry configured to allow positive molten fluid electrode material to extend through the geometry to contact the solid electrolyte during operation of the apparatus (metal foam has pores; Fig. 6 #606; paragraph [0031]).
Regarding claim 16, Vissers discloses the apparatus of claim 15 as noted above and Vissers discloses the apparatus comprising the reinforcing structure comprises a third reinforcing structure component adjacent to at least one edge of the solid electrolyte not exposed to either the negative molten fluid electrode material or the positive molten fluid electrode material (portion of wall of heating apparatus #118 in Fig. 1 adjacent to edges of solid lithium iodide electrolyte that are not adjacent to negative electrode material or positive electrode material; paragraph [0022]), the third reinforcing structure component restricting movement of the solid electrolyte (portion of wall of heating apparatus #118 in Fig. 1 holding the solid lithium iodide electrolyte in place thereby restricting movement; paragraph [0022]).
Regarding claim 17, Vissers discloses the apparatus of claim 16 as noted above and Vissers discloses the apparatus comprising the third reinforcing structure component forms a seal impermeable to the solid electrolyte, the negative molten fluid electrode material, and the positive molten fluid electrode material (walls of heating apparatus #118 in Fig. 1 providing an impermeable seal for the solid lithium iodide electrolyte, the negative electrode material and the positive electrode material; paragraph [0022]).
Regarding claim 18, Vissers discloses the apparatus of claim 17 as noted above and Vissers discloses the apparatus further comprising:
a negative region hull (portion of wall of heating apparatus #118 in Fig. 1 adjacent to edges of negative electrode region #110; paragraph [0022]), the solid electrolyte with at least a portion of the negative region hull surrounding the negative molten fluid electrode material (portion of wall of heating apparatus #118 in Fig. 1 adjacent to edges of negative electrode region #110 and solid lithium iodide electrolyte surrounding positive electrode region; paragraph [0022]); and
a positive region hull (portion of wall of heating apparatus #118 in Fig. 1 adjacent to edges of positive electrode region #110; paragraph [0022]), the solid electrolyte with at least a portion of the positive region hull surrounding the positive molten fluid electrode material (portion of wall of heating apparatus #118 in Fig. 1 adjacent to edges of positive electrode region #110 and solid lithium iodide electrolyte surrounding positive electrode region; paragraph [0022]),
the third reinforcing structure component positioned between the negative region hull and the positive region hull (portion of wall of heating apparatus #118 in Fig. 1 adjacent to edges of solid lithium iodide electrolyte that are not adjacent to negative electrode material or positive electrode material; paragraph [0022]).
Regarding claim 19, Vissers discloses the apparatus of claim 15 as noted above and Vissers discloses the apparatus comprising the negative molten fluid electrode material comprises lithium (Li) (paragraph [0019]), the positive molten fluid electrode material comprises sulfur (S) (paragraph [0019]), and the solid electrolyte comprises lithium (Li) cations (solid lithium iodide electrolyte; paragraph [0019]).
Regarding claim 20, Vissers discloses the apparatus of claim 19 as noted above and Vissers discloses the apparatus comprising the solid electrolyte comprising lithium iodide (Lil) (solid lithium iodide electrolyte; paragraph [0019]).
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.
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Vissers et al (US 2019/0355968 A1).
Regarding claim 3, Vissers discloses the apparatus of claim 2 as noted above and Vissers discloses the apparatus comprising the operating temperature of the apparatus being below the melting point of the solid electrolyte (the operating temperature of the reaction chamber is below the melting point of the solid lithium iodide electrolyte; paragraph [0019]) and the operating temperature being selected based on several factors (paragraph [0021]).
Vissers does not disclose the operating temperature range of the apparatus being contained within a range between 30 percent of an absolute melting point of the solid electrolyte and 99 percent of the absolute melting point.
However, it would have been obvious to one of ordinary skill in the art to adjust the operating temperature range of the apparatus to be contained within a range between 30 percent of an absolute melting point of the solid electrolyte and 99 percent of the absolute melting point because doing so allows for the negative electrode material and the positive electrode material to be maintained in a fluid state and the solid lithium iodide electrolyte to be maintained in a solid state (paragraph [0019] of Vissers).
Regarding claim 4, Vissers discloses the apparatus of claim 3 as noted above and Vissers discloses the apparatus comprising the operating temperature of the apparatus being below the melting point of the solid electrolyte (the operating temperature of the reaction chamber is below the melting point of the solid lithium iodide electrolyte; paragraph [0019]) and the operating temperature being selected based on several factors (paragraph [0021]).
Vissers does not disclose the operating temperature range of the apparatus being contained within a range between 89 percent of an absolute melting point of the solid electrolyte and 95 percent of the absolute melting point.
However, it would have been obvious to one of ordinary skill in the art to adjust the operating temperature range of the apparatus to be contained within a range between 89 percent of an absolute melting point of the solid electrolyte and 95 percent of the absolute melting point because doing so allows for the negative electrode material and the positive electrode material to be maintained in a fluid state and the solid lithium iodide electrolyte to be maintained in a solid state (paragraph [0019] of Vissers).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Vissers et al (US 2019/0355968 A1) in view of Kitagawa et al (JP 2011-151562 A1).
A machine translation is being used as the English translation for Kitagawa et al (JP 2011-151562 A1).
Regarding claim 5, Vissers discloses the apparatus of claim 1 as noted above.
Vissers does not disclose the apparatus comprising the solid electrolyte comprises a beta-alumina solid electrolyte (BASE) ceramic.
However, Kitagawa discloses an apparatus comprising a solid electrolyte comprising a beta-alumina solid electrolyte (BASE) ceramic (beta-alumina solid electrolyte; pg. 1 of Kitagawa translation).
It would have been obvious to one of ordinary skill in the art to modify the apparatus of Vissers to include the beta-alumina solid electrolyte of Kitagawa for the apparatus of Vissers because including a beta-alumina solid electrolyte provides excellent characteristics such as low electric resistance and high strength (pg. 1 of Kitagawa translation).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Vissers et al (US 2019/0355968 A1) in view of Vissers et al (US 10,461,311 B1).
Regarding claim 9, Vissers ‘968 discloses the apparatus of claim 8 as noted above and Visser ‘968 discloses the apparatus comprising the negative region reinforcing structure and the positive region reinforcing structure comprising iron.
Vissers ‘968 does not disclose the apparatus comprising the negative region reinforcing structure and the positive region reinforcing structure comprising iron coated with vanadium.
However, Vissers ‘311 discloses an apparatus comprising iron coated with vanadium (current collectors comprising an electrically conductive coating comprising vanadium; col. 30, line 31-col. 31, line 50).
It would have been obvious to one of ordinary skill in the art to modify the apparatus of Vissers ‘968 to include the electrically conductive coating of vanadium of Vissers ‘331 on the metal foam of iron of Vissers ‘968 because having an electrically conductive coating of vanadium provides protection for the current collectors (col. 30, line 31-col. 31, line 50 of Vissers ‘311).
Response to Arguments
Applicant's arguments filed 6/18/2026 have been fully considered but they are not persuasive.
Applicants argue that Vissers does not disclose a negative region reinforcing structure component positioned adjacent to the solid electrolyte in the negative region of the reaction chamber and having an open geometry configured to allow the negative electrode material to flow through the geometry during operation of the apparatus and to contact the solid electrolyte and a positive region reinforcing structure component positioned adjacent to the solid electrolyte in the positive region of the reaction chamber and having an open geometry configured to allow the positive electrode material to flow through the geometry during operation of the apparatus and to contact the solid electrolyte.
This argument is not persuasive as the metal foam surrounding the solid electrolyte in Fig. 6 of Vissers. The top portion of the metal foam closest to the negative electrode region reads on the claimed negative region reinforcing structure component positioned adjacent to the solid electrolyte in the negative region of the reaction chamber and having an open geometry configured to allow the negative electrode material to flow through the geometry during operation of the apparatus and to contact the solid electrolyte. The bottom portion of the metal foam closest to the positive electrode reads on the claimed positive region reinforcing structure component positioned adjacent to the solid electrolyte in the positive region of the reaction chamber and having an open geometry configured to allow the positive electrode material to flow through the geometry during operation of the apparatus and to contact the solid electrolyte.
The top portion of the metal foam closest to the
Applicants argue that the pores receiving the lithium iodide material within the metal foam forms the reinforced solid electrolyte.
This argument is not persuasive as the solid electrolyte is formed of lithium iodide. The filling of the pores with lithium iodide would still allow for the charge and the discharge of the battery in that if the metal foam is not porous, then there would be no electron transfer. Also, the metal foam is required for providing increased strength and toughness for the solid electrolyte material.
Conclusion
THIS ACTION IS MADE FINAL. 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 SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Primary Examiner, Art Unit 1785
