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 .
Status of Claims
Claims 1-17 are currently pending for examination.
Claim Rejections - 35 USC § 112
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.
Claims 1-4, 6-9, 13 & 15 are 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “active material”, and the claim also recites “a metal ion intercalating/deintercalating material” which is the narrower statement of the range/limitation. Claim 2 recites the broad recitation “wherein the reference electrode is adhered”, and the claim also recites “in particular, printed or laid down” which is the narrower statement of the range/limitation. Claims 3 & 6-8 similarly recite broad ranges for thickness or contents of the reference electrode followed by particularly or preferably narrowed ranges for the thickness and contents of the reference electrode. Claim 4 similarly recites a broader type of material used for the first and/or second insulating layers followed by more a specific type of separator material used for energy storage devices. Regarding claims 9, 13 & 15, it is unclear whether the subject matter recited following “in particular” is merely exemplary and therefore not required or a required feature of the claim. Thus, claims 1-4, 6-9, 13 & 15 are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
Claims 1-2 & 4-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2014/0375325 A1) in view of Min (US 2018/0205049 A1) and Brambilla (US 2024/02387826 A1).
Regarding claims 1-2 & 4-12, Wang teaches an electrical energy storage device comprising: at least one electrochemical cell comprising at least a first electrode (i.e either one of (i) top one side positive or negative electrode and (ii) top double sided positive or negative electrode) and a second electrode (i.e either one of (i) bottom one side positive or negative electrode and (ii) bottom double sided positive or negative electrode) facing and parallel to each other (fig. 4; [0013]-[0025]); a reference electrode assembly comprising a planar main body which comprises a first electronically insulating layer (i.e top separator adjacent to the reference electrode) made of a polymeric microporous membrane; a second electronically insulating layer facing and parallel to the first electronically insulating layer (i.e bottom separator adjacent to the reference electrode) a made of polymeric microporous membrane; and a planar, porous reference electrode which is entirely interposed between the first and second electronically insulating layers and adhered directly on the first electronically insulating layer (fig. 4; [0013]-[0025], [0105] & [0122]-[0124]); wherein the reference electrode comprises a first part of a Li ion intercalating/deintercalating active material and wherein the first and/or second electronically insulating layers serve as a separator between the first electrode and the second electrode (fig. 4; [0022] & [0119]-[0120]). Wang is silent as to reference electrode comprising a second part of a graphene-based conductive component and a third part of a binding component. Min teaches an electrical energy storage device comprising a reference electrode assembly comprising a reference electrode comprising 80 wt% of a first part of a Li ion intercalating/deintercalating active material such as LTO, 5 wt% of a second part of a conductive additive and 15 wt% of a third part of a binding component (fig. 3; [0122]), wherein a wiring element (120) comprising a proximal end electrically connected to the reference electrode and a distal end electrically connectable to a management system circuitry is configured to connect the reference electrode to the external of the reference electrode assembly such that the wiring element, except for the proximal end and the distal end, is surrounded with an electrically insulating material so as to avoid unwanted electrical contacts (figs. 3-4; [0090]-[0098]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to include a reference electrode having the presently claimed composition as a known suitable composition for a reference electrode of a Li-ion battery. “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”. See MPEP 2144.07. Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to provide the claimed wiring element in order to conveniently measure the relative potential as taught by Min ([0043]). Brambilla teaches an electrical energy storage device comprising an electrode active layer comprising a Li-ion intercalating/deintercalating active material, a high aspect ratio carbon-based conductive material such as graphitic particles in the form of flakes with aspect ratios greater than 5 and a binder component ([0041]-[0047]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to employ graphitic particles in the form of flakes with aspect ratios greater than 5 as the conductive component of Wang’s reference electrode in order to provide long conductive paths to facilitate current flow within and through the active layer as taught by Brambilla ([0053]).
Regarding claim 13, Wang teaches a first reference electrode assembly (i.e top reference electrode assembly) and a second reference electrode assembly (i.e bottom reference electrode assembly) facing and parallel to each other, wherein the first and second reference electrode assemblies are interspaced by a further separator layer (fig. 5; [0105]). While Wang does explicitly teach the first and second reference electrode assemblies being disposed between the first electrode and the second electrode, Wang more broadly discloses that “any of the multi-layered battery structures described herein may be repeated to increase the total capacity of the battery” ([0106]). Accordingly, when the structure shown in fig. 5 of Wang is repeated to increase the battery capacity, a first electrode can be provided above reference electrode 1 and a second electrode can be provided below the reference electrode 2 with a separator respectively interposed therebetween similarly to the configuration shown in fig. 4 such that the first electrode provided above reference electrode 1 and the second electrode provided below reference electrode 2 respectively read on the claimed first electrode and second electrode.
Regarding claims 14-15, Wang teaches a method to produce an electrical energy storage device, the method comprising: providing a first electronically insulating layer; printing or depositing, upon the first electronically insulating layer, a reference electrode; and covering entirely the reference electrode with a second electronically insulating layer facing and parallel to the first electronically insulating layer (fig. 4; [0013]-[0025], [0105] & [0122]-[0124]). Wang is silent as to the reference electrode comprising graphene. Min teaches an electrical energy storage device comprising a reference electrode assembly comprising a reference electrode comprising 80 wt% of a first part of a Li ion intercalating/deintercalating active material such as LTO, 5 wt% of a second part of a conductive additive and 15 wt% of a third part of a binding component (fig. 3; [0122]). Min further teaches connecting a wiring element (120) comprising a proximal end electrically to the reference electrode with a distal end of the wiring element electrically connectable to a management system circuitry to connect the reference electrode to the external of the reference electrode assembly; and except for the proximal end and the distal end, surrounding the wiring element with an electrically insulating material so as to avoid unwanted electrical contacts when the reference electrode assembly is inserted in an electrical energy storage device (figs. 3-4; [0090]-[0098]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to include a reference electrode having the presently claimed composition as a known suitable composition for a reference electrode of a Li-ion battery. “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”. See MPEP 2144.07. Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to provide the claimed wiring element in order to conveniently measure the relative potential as taught by Min ([0043]). Moreover, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to employ graphitic particles in the form of flakes with aspect ratios greater than 5 as the conductive component of Wang’s reference electrode in order to provide long conductive paths to facilitate current flow within and through the active layer as taught by Brambilla ([0053]).
Regarding claim 16, Wang as modified by Min and Brambilla teaches the method of claim 15. Min further teaches the connecting step being performed by mechanical stacking of the wiring element proximal end and the reference electrode and applying a plastic tape which mechanically holds the proximal end in contact with the reference electrode (fig. 4; [0039] & [0098]).
Regarding claim 17, Wang as modified by Min and Brambilla teaches the method of claim 14. Wang further teaches an assembling step, wherein the reference electrode assembly is interposed between a first electrode and a second electrode of an electrochemical cell, wherein the assembling step also comprises wetting the first electronically insulating layer and the second electronically insulating layer with an electrolyte (fig. 4; [0013]-[0025], [0074] & [0083]). Min further teaches a formation step, subsequent to assembling the energy storage device components, comprising bringing the reference electrode to substantially half of its state of charge by cycling it with respect to the first electrode or the second electrode of the cell depending on the reference electrode composition ([0017] & [0106]-[0109]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2014/0375325 A1), Min (US 2018/0205049 A1) and Brambilla (US 2024/0387826 A1), as applied to claims 1-2 & 4-17 above, and further in view of Yoon (US 2024/0079555 A1).
Regarding claim 3, Wang as modified by Min and Brambilla teaches the reference electrode assembly of claim 1 as noted above. Min further teaches the reference electrode having a thickness of 0.1% to 20% relative to the thickness of the negative electrode in order to ensure that the coating amount of the electrode active material is not unduly small so that the electrode portion may not be utilized as the reference electrode for relative potential measurement while preventing an excessive gap from being formed between the separator and the negative electrode ([0048]) but is silent as to as to a specific value or the thickness of the negative electrode. Yoon teaches an electrical energy storage device comprising a reference electrode having a thickness ranging from 500 nm to 10 microns ([0006] & [0013]). Yoon also discloses that each component of a Li-ion battery including the current collectors, negative electrode and positive electrode are prepared as relatively thin layers ranging from several microns to a fraction of a millimeter or less in thickness ([0050]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use a thickness ranging from 500 nm to 10 microns for Wang’s reference electrode as a suitable thickness for a reference electrode installed in a Li-ion battery. See MPEP 2144.07.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727