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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/30/2026 has been entered.
Status of the Claims
The amendment/remarks filed 03/30/2026 have been entered and fully considered. Claims 1-20 and 22-31 are pending. Claims 21 and32-33 cancelled. Claims 2-3, 23-27, and 30 are withdrawn. Claims 1, 15-16, and 31 are amended. Claims 1, 4-10, 12-20, 22, 28-29, and 31 are examined herein.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 12, 14-15, 17-19, 22, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0218032 A1 (“Brevnov”) in view of US 2020/0099039 1 (“Kaskel”). Supporting evidence in Metallographic Etching, 1.9.8 Refractory Metals – “Petzow”).
Regarding claims 1 and 19, Brevnov discloses a processing sequence 200 of forming an anode electrode structure for a lithium battery (Abstract; Fig. 2). The method comprises providing a copper substrate 310 (“current collector”) (step 210) ([0022]), depositing a first barrier layer 320 (“protective material”) on the copper substrate (step 230) ([0026]), depositing a wetting layer 340 (“lithiophilic material”) on the first barrier layer 320 (step 250) ([0030]), and depositing a lithium metal layer 350 on the wetting layer 340 (step 260) ([0031]).
The copper substrate 310 has a thickness of from about 1 µm to about 10 µm ([0022]).
The first barrier layer 320 prevents/minimizes an undesirable inter-diffusion process, which results in interface deterioration during lithium metal anode manufacturing and battery operation/storage ([0020], [0026]).
Brevnov discloses the first barrier layer 320 comprises a refractory metal ([0020], [0026], [0074]). As evidenced by Petzow, Cr is a refractory metal (1.9.8 Refractory Metals). While Brevnov does not expressly disclose the Ni, Co, Cr, Fe, or a combination thereof as claimed, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to select chromium (Cr) from among the class of refractory metals as this amounts to choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Petzow discloses the lithium metal layer 350 may form an alloy with the wetting layer 340 and may be deposited by various methods including by providing a lithium foil ([0031]), but is silent regarding depositing the layer of lithium material in molten form.
Kaskel discloses a method for producing a substrate coated with an alkali metal (Abstract). Kaskel teaches lithium foil does not allow for the desired thickness to be achieved due to its poor mechanical stability ([0003]). Kasket teaches the alkali metal, e.g. lithium, is deposited onto a mediator layer (analogous to the wetting layer of Petzow) in a liquid state ([0008], [0034]-[0035], [0044]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to deposit the lithium in molten form as Kaskel teaches it allows for deposition of the desired thickness ([0003], [0005], [0008]).
Regarding claim 10, modified Brevnov discloses the method of claim 1. Kaskel discloses a lithiophilic mediator layer 3 (analogous to the wetting layer Brevnov) is formed on the copper substrate ([0043]). The mediator layer 3 is formed of a material that forms an alloy with lithium. Alternatively, the mediator layer 3 may also be made of a material which reacts in contact with liquid lithium to form a mediating interface—for example, which reacts by reduction of an oxidic material to form a material that forms alloys with lithium, such as aluminum oxide, for example. This may also be realized, for example, through materials which permit intercalation or insertion of lithium ([0044]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a material that reacts with the lithium or permits intercalation or insertion of lithium as these are recognized as equivalent wetting layers by Brevnov. These materials involve electrochemical oxidation or reduction.
Regarding claim 12, modified Brevnov discloses the method of claim 1. Kaskel discloses the lithium may be applied by applied using a heated nozzle 5 (Fig. 1; [0033]).
Regarding claim 14, modified Brevnov discloses the method of claim 1. Kaskel discloses an embodiment wherein the current collector is heated to 200°C and brought into contact with solid lithium, leading to the melting of the lithium ([0046], [0051]). As lithium has a melting point of approximately 180°C, the lithium thus melted has a temperature in the range of 180°C to 200°C.
Regarding claim 15, modified Brevnov discloses the method of claim 1. Kaskel discloses the substrate is formed of copper or nickel and/or comprises copper or nickel ([0017]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the substrate of both copper and nickel as they are equivalent materials known for the same purpose. “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art.” In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (citations omitted). See MPEP 2144.06(I).
Regarding claim 17, modified Brevnov discloses the method of claim 1. Brevnov further discloses the wetting layer 340 is composed of a material selected from the group of silicon (Si), tin (Sn), aluminum (Al), indium (In), zinc (Zn), magnesium (Mg), oxides thereof, or combinations thereof ([0030]).
Regarding claim 18, modified Brevnov discloses the method of claim 1. As the wetting layer 340 inherently has a surface roughness, it is deemed to have a 3D structure.
Regarding claim 22, modified Brevnov discloses the method of claim 1. The instant claim is a product-by-process claim. In this regard, MPEP 2113 sets forth the following: "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Modified Brevnov inherently discloses the anode produced by the method.
Regarding claim 31, modified Brevnov discloses the method of claim 4. Brevnov further discloses the copper substrate 310 is exposed to a pretreatment process (step 220) prior to forming the first barrier layer (step 230) ([0023]-[0025]). In one embodiment, the pretreatment process is an etching process ([0024]). This would necessarily impart or expose a surface roughness to the copper substrate and is interpreted as reading on the forming a continuous 3D structure prior to step b).
Claims 4-6, 8, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0218032 A1 (“Brevnov”) in view of US 2020/0099039 1 (“Kaskel”) as applied to claim 1 above, and further in view of US 2002/0086213 A1 (“Utsugi”).
Regarding claims 4 and 20, modified Brevnov discloses the method of claim 1. Brevnov does not expressly disclose e) depositing a layer of a surface treatment agent on the layer of anode active material formed [claim 4] or wherein the surface treatment agent comprises Ag, Zn, Al, SiOx, Sn, Si, Li2CO3, LiF, carbon black, carbon nano fiber, graphene, or any other suitable surface treatment agents [claim 20].
Utsugi discloses a conductive substrate (collector) 11 having a lithium layer 12 containing metallic lithium or an alloy thereof formed on the conductive substrate 11, and a metal fluoride substance film containing at least one type metal fluoride substance formed on the lithium layer 12 (Abstract; Fig. 1). The metal fluoride may be lithium fluoride ([0040]). The metal fluoride taught by Utsugi provides suppression of dendrite formation and growth and improved cycle life ([0031]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the lithium fluoride layer as taught by Utsugi to provide suppression of dendrite formation and growth and improved cycle life.
Regarding claims 5 and 8, modified Brevnov discloses the method of claim 4. Brevnov further discloses the copper substrate 310 is exposed to a pretreatment process (step 220) prior to forming the first barrier layer (step 230) ([0023]-[0025]). In one embodiment, the pretreatment process is an etching process ([0024]). This would necessarily impart or expose a surface roughness to the copper substrate and is interpreted as reading on the forming a continuous 3D structure in step a1).
Regarding claim 6, modified Brevnov discloses the method of claim 5. Brevnov further discloses the anode is a dual sided anode (Fig. 3D; [0021]). Therefore, the recited steps are formed on both sides of the current collector.
Regarding claim 13, modified Brevnov discloses the method of claim 5. Brevnov discloses the pretreatment process is a wet etching process ([0024]). The substrate must necessarily be dried before the deposition of the first barrier layer by, for example, ALD, PE-ALD, CVD, or PVD ([0026]). Moreover, the pretreatment process (pre-clean process) can comprise annealing the copper substrate in a forming gas environment at a temperature of between about 50°C and about 150°C ([0025]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0218032 A1 (“Brevnov”) in view of US 2020/0099039 1 (“Kaskel”) and US 2002/0086213 A1 (“Utsugi”) as applied to claim 5 above, and further in view of US 2018/0062180 A1 (“Kim”).
Regarding claim 7, modified Brevnov discloses the method of claim 5. Brevnov further discloses the first diffusion barrier layer 320 is generally deposited by atomic layer deposition (ALD), plasma-enhanced ALD (PE-ALD), chemical vapor deposition (CVD), or physical vapor deposition (PVD) processes ([0026]). Modified Brevnov does not expressly disclose the steps a1) and b1) each independently comprises an electrochemical deposition of a conductive material on the surface of the current collector or on the surface of the protected current collector [claim 5] or step b) comprises electrochemical deposition or electroless plating [claim 9].
Kim discloses an electrolytic copper foil 110 having a protective layer including chromium on a surface of the copper layer (Abstract). Kim teaches the chromium is electrodeposited on the copper ([0063], [0068]-[0070]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to electrodeposit the chromium on the copper substrate as Kim shows it is an alternative deposition method from which one would expect predictable results. A first portion of the electrodeposition is interpreted as the electrochemical deposition of a conductive material and a second portion of the electrodeposition is interpreted as the depositing the layer of the protective material.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0218032 A1 (“Brevnov”) in view of US 2020/0099039 1 (“Kaskel”) as applied to claim 1 above, and further in view of US 2018/0062180 A1 (“Kim”).
Regarding claim 9, modified Brevnov discloses the method of claim 1. Brevnov further discloses the first diffusion barrier layer 320 is generally deposited by atomic layer deposition (ALD), plasma-enhanced ALD (PE-ALD), chemical vapor deposition (CVD), or physical vapor deposition (PVD) processes ([0026]). Modified Brevnov does not expressly disclose the steps a1) and b1) each independently comprises an electrochemical deposition of a conductive material on the surface of the current collector or on the surface of the protected current collector [claim 5] or step b) comprises electrochemical deposition or electroless plating [claim 9].
Kim discloses an electrolytic copper foil 110 having a protective layer including chromium on a surface of the copper layer (Abstract). Kim teaches the chromium is electrodeposited on the copper ([0063], [0068]-[0070]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to electrodeposit the chromium on the copper substrate as Kim shows it is an alternative deposition method from which one would expect predictable results. A first portion of the electrodeposition is interpreted as the electrochemical deposition of a conductive material and a second portion of the electrodeposition is interpreted as the depositing the layer of the protective material.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0218032 A1 (“Brevnov”) in view of US 2020/0099039 1 (“Kaskel”) as applied to claim 1 above, and further in view of US 2021/0151771 A1 (“Liang”).
Regarding claim 16, modified Brevnov discloses the method of claim 1. Brevnov does not expressly disclose the protective material comprises Ni or a combination of Ni with at least one of Co, Cr, and Fe.
Liang discloses a negative electrode current collector 10 including a conductive layer 102 and a protective layer 103. The conductive layer 102 comprises copper ([0071]) and the protective layer 103 comprises nickel, chromium, or a nickel-chromium alloy ([0078]). The protective layer 103 can protect the conductive layer 102 from chemical corrosion, mechanical damage, or other damage ([0076]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the chromium layer of Brevnov with nickel or a nickel-chromium alloy, or alternatively to add an additional protective layer of nickel or a nickel-chromium alloy, as Liang shows the materials to be equivalents known in the art for the same purpose.
Claims 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0218032 A1 (“Brevnov”) in view of US 2020/0099039 1 (“Kaskel”) as applied to claim 1 above, and further in view of US 3,634,144 (“Hanawalt”).
Regarding claim 28, modified Brevnov discloses the method of claim 1. Brevnov does not expressly disclose the lithium material in molten form comprises a binary alloy with lithium and one of the following: Mg, Al, Na, Si, Sn, Zn, Ag, K, B, or In.
Hanawalt discloses a method of forming a lithium battery anode wherein a substrate having a lithiophilic surface is immersed in molten lithium (Abstract; col. 1, lines 6-8; col. 2, lines 18-26). Hanawalt teaches the molten lithium may be elemental lithium, or molten lithium-based alloys having a melting point not over 600° C in which lithium predominates. Typical lithium-based alloys which may be used are those of aluminum and magnesium containing at least 50 percent, by weight, of lithium, the balance being aluminum or magnesium (col. 3, lines 65-73). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a binary alloy of lithium and aluminum or magnesium because Hanawalt shows an alloy of lithium and aluminum or magnesium and elemental lithium to be equivalent in the same field of endeavor. See MPEP 2144.06.
Regarding claim 29, modified Brevnov discloses the method of claim 1. Brevnov does not expressly disclose the lithium material in molten form comprises a ternary alloy with lithium and two of the following: Mg, Al, Na, Si, Sn, Zn, Ag, K, B, or In.
Hanawalt discloses a method of forming a lithium battery anode wherein a substrate having a lithiophilic surface is immersed in molten lithium (Abstract; col. 1, lines 6-8; col. 2, lines 18-26). Hanawalt teaches the molten lithium may be elemental lithium, or molten lithium-based alloys having a melting point not over 600° C in which lithium predominates. Typical lithium-based alloys which may be used are those of aluminum and magnesium containing at least 50 percent, by weight, of lithium, the balance being aluminum or magnesium (col. 3, lines 65-73). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a ternary alloy of lithium, aluminum, and magnesium because Hanawalt shows an alloy of lithium and aluminum or magnesium and elemental lithium to be equivalent in the same field of endeavor; and to combine the aluminum and magnesium to form a ternary alloy because Hanawalt shows them to be equivalent in the same field of endeavor. See MPEP 2144.06.
Response to Arguments
Applicant’s arguments, see pp. 8-11, filed 03/30/2026, with respect to the rejection(s) of claim(s) 1, 5-10, 12-19, 22, and 31-33 under 35 USC 103 over Kim have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2021/0218032 A1 (“Brevnov”).
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
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