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
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/10/2025.
Claim Status
Claims 14-20 been withdrawn in view of the restriction requirement and election of Group I.
Claims 1-13 are currently pending and have been examined on the merits in this office action.
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.
Claim 3 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.
Claim 3 contains limitations with a plurality of different percentages for the protective layer with broader and narrower ranges thus the claim is indefinite as the boundaries of the amount of the small molecules are not clearly defined and rendered indefinite, see MPEP 2173.05(c). The examiner will interpret that any range claimed would read on the claim.
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 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, 3-7, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (EP 3224895 B1 having publication date of 04/08/2020 and US equivalent US 2021/0344086 A1 used for citation purposes) in view of Yushin et al. (US 2020/0083542 A1).
Regarding claim 1, Fan discloses a battery cell comprising;
an electrolyte ([0267] a battery comprising an electrolyte);
a first electrode including a first electrode layer and a first current collector (Figure 1; specifically Figure 1E having the cathode current collector 101 and cathode energy layer 102;
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a second electrode including a second electrode layer and a second current collector (Figure 1E; anode energy layer 104 and anode current collector 106; also see Figures 1a-1g);
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a separator interposed between the first electrode and the second electrode (Figure 1E; separator 103); and
a first protective layer reducing or interrupting a current flow within the battery cell upon activation (Figure 1E; resistive limiter and thermal interrupt layer; [0017] interrupt layer is activatable for interrupting a current within the battery), the first protective layer being formed from a composition that includes a functional material and/or a conductive material ([0018] interrupt layer can be made of a ceramic powder and a binder reading as a functional material and a conductive component reading as the conductive material).
Fan discloses wherein the protective layer comprises a ceramic powder, binder and conductive component, however, is silent with respect to the protective layer comprising a small molecule additive.
Yushin discloses a lithium ion battery and electrode and is analogous with the instant invention as being within the same field of endeavor of batteries. Yushin discloses wherein the active material can contain a binder, conductive additives and small molecules and wherein the addition of the small molecules can improve the dispersion in a slurry and improve the final casted electrode ([0058-0061]).
Therefore, it would have been obvious in view of a skilled artisan to add in the small molecules of Yushin into the protective layer of Fan in order to improve the dispersion within the slurry for the final casted protective layer as disclosed by Yushin. The resulting modification would render obvious all the claim limitations of claim 1 as the small molecules can be added to the protective layer to improve dispersion and casting of the protective layer.
Regarding claim 3, modified Fan discloses all the claim limitations of claim 1. Fan further discloses wherein the composition of the first protective layer includes 0.1% to 90% of the one or more small molecule additive by weight ([0018] ceramic powder can include greater than 30% by weight such as 50% by weight). See 112B rejection above.
Regarding claim 4, modified Fan discloses all the claim limitations of claim 1. Fan further discloses wherein the functional material includes PAA, or CMC ([0273] binder can be PAA, CMC as well as other materials).
Regarding claim 5, modified Fan discloses all the claim limitations of claim 1. Fan further discloses wherein the conductive material is carbon black ([0274] conductive additive can be carbon black or a conductive polymer).
Regarding claim 6, modified Fan discloses all the claim limitations of claim 1. Fan further discloses wherein the composition of the first protective layer further includes one or more base materials and/or binder materials ([0018,0027,0277] gas generator material can be included as well as more binder materials and filler materials).
Regarding claim 7, modified Fan discloses all the claim limitations of claim 1. Fan further discloses wherein the first protective layer is interposed between the first electrode layer and the first current collector or the separator and the first electrode layer (Figure 1E discloses wherein the interrupt layer 111 is provided between the current collector and energy layer; Figures 1A-1G discloses slightly different arrangements wherein the interrupt layer can be between the separator and electrode layer see Figure 1G).
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Regarding claim 9, modified Fan discloses all the claim limitations of claim 1. Fan further discloses a second protective layer formed form the composition that includes a functional material and/or a conductive material ([0018] interrupt layer can be made of a ceramic, a binder reading as a functional material and a conductive component reading as the conductive material; Figure 1E; the interrupt layer 112 can be read as the second protective layer),
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The second protective layer being interposed between the second electrode layer and the second current collector or the separator and the second electrode layer (Figure 1E discloses wherein the interrupt layer 112 is provided between the current collector and energy layer; Figures 1A-1G discloses slightly different arrangements wherein the interrupt layer can be between the separator and electrode layer see Figure 1F).
Fan discloses wherein the protective layer comprises a ceramic powder, binder and conductive component, however, is silent with respect to the protective layer comprising a small molecule additive.
Yushin discloses a lithium ion battery and electrode and is analogous with the instant invention as being within the same field of endeavor of batteries. Yushin discloses wherein the active material can contain a binder, conductive additives and small molecules and wherein the addition of the small molecules can improve the dispersion in a slurry and improve the final casted electrode ([0058-0061]).
Therefore, it would have been obvious in view of a skilled artisan to add in the small molecules of Yushin into the protective layer of Fan in order to improve the dispersion within the slurry for the final casted protective layer as disclosed by Yushin. The resulting modification would render obvious all the claim limitations of claim 9 as the small molecules can be added to the protective layer to improve dispersion and casting of the protective layer.
Regarding claim 11, modified Fan discloses all the claim limitations of claim 1. Fan further discloses wherein the first protective layer is activated by at least one of a temperature trigger, a voltage trigger, a current trigger, and a physical damage to the battery cell ([0010] trigger that can be activated for transitioning the interrupter from the engaged to the unengaged configuration by temperature or voltage).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over by Fan et al. (EP 3224895 B1 having publication date of 04/08/2020 and US equivalent US 2021/0344086 A1 used for citation purposes) and Yushin et al. (US 2020/0083542 A1) as applied to claim 1 and further in view of Fan (US 2017/0244093 A1-hereinafter Fan’093).
Regarding claim 2, modified Fan discloses all the claim limitations of claim 1. Yushin and Fan discloses wherein the ceramic material can be a list of materials as disclosed in [0276], however, is silent with respect to a material as claimed.
Fan’093 discloses a dual function current collector having a protective layer disclosed on the electrode and is analogous with the instant invention as being within the same field of endeavor of battery cells. Fan’093 discloses wherein the protective layer 120 is formed from an aromatic, aliphatic, and/or cycloaliphatic polyimide to form a polyamic acid for the protective layer ([0114-0118] polyamic acid structure contains aromatic rings and aliphatic side chains that read on the claimed small molecule additive).
Therefore, it would have been obvious in view of a skilled artisan to substitute the material of modified Fan for the polyamic acid protective material as taught by Fan’093 as a substitution of one known material for another with reasonable expectation of success as both materials of modified Fan and Fan’093 are provided in protective layers that are coated on the electrode and thus have a similar function. A skilled artisan would have been motivated to use a material of Fan’093 as the protective material as it is an analogous material that is used and placed on the electrode layers for protection and thus the function of the materials are similar and would be expected to produce predictable results. The resulting modification would render obvious the claim limitations of claim 2. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over by Fan et al. (EP 3224895 B1 having publication date of 04/08/2020 and US equivalent US 2021/0344086 A1 used for citation purposes) and Yushin et al. (US 2020/0083542 A1) as applied to claims 1 and 9 above, and further in view of Li et al. (US 2019/0140328 A1).
Regarding claim 8, modified Fan discloses all the claim limitations of claim 1. Fan discloses wherein the interrupt layer is provided on the electrode, however, is silent with respect to wherein a sealing layer is provided on the interrupt layer to prevent a reaction between the protective layer and the electrolyte/electrode layer until the sealing layer is activated by a second trigger.
Li discloses an electrode layer and electrochemical device and is analogous with the instant invention as being within the same field of endeavor of battery cells. Li discloses a safety coating layer that is provided between the current collector and the active material to electrically connect the electrode and active material. When temperature rise, the safety coating layer expands to partially block the conductive network and also increases the resistance of the safety coating to cut off the electrical connection to avoid shorting the cell or causing other problems within the battery cell ([0029], abstract).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the safety coating layer taught by Li onto the interrupt layer of Fan in order to provide multiple components having different activation triggers to disconnect the battery when abnormal conditions arise within battery cells for safety purposes. The resulting modification would further aid in the cutting off of the electrical connection by provided two layers that can have different activation triggers in order to increase the safety of the battery cell and thus cutting off of the electrical connection can be done when either trigger of the interrupt layer or safety coating layer occurs.
Regarding claim 10, modified Fan discloses all the claim limitations of claim 9. Fan discloses wherein the interrupt layer is provided on the electrode, however, is silent with respect to wherein a sealing layer is provided on the interrupt layer to prevent a reaction between the protective layer and the electrolyte/electrode layer until the sealing layer is activated by a second trigger.
Li discloses an electrode layer and electrochemical device and is analogous with the instant invention as being within the same field of endeavor of battery cells. Li discloses a safety coating layer that is provided between the current collector and the active material to electrically connect the electrode and active material. When temperature rise, the safety coating layer expands to partially block the conductive network and also increases the resistance of the safety coating to cut off the electrical connection to avoid shorting the cell or causing other problems within the battery cell ([0029], abstract).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the safety coating layer taught by Li onto the interrupt layer of Fan in order to provide multiple components having different activation triggers to disconnect the battery when abnormal conditions arise within battery cells for safety purposes. The resulting modification would further aid in the cutting off of the electrical connection by provided two layers that can have different activation triggers in order to increase the safety of the battery cell and thus cutting off of the electrical connection can be done when either trigger of the interrupt layer or safety coating layer occurs.
Allowable Subject Matter
Claims 12 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The dependent claims 12 and 13 are objected to for depending upon a rejected claim. Claims 12 and 13 discloses a specific composition of the first protective layer comprising i) Carbopol, ii) LiOH, iii) Super P, iv) water, and a fifth component, see claim 12 along with ratios of the components as claimed in claim 13. Fan et al. is deemed to be the closest prior art. Fan discloses in Example 6 wherein a mixture of water, Carbopol, super P, LiOH were added for form a slurry. The slurry disclosed by Fan fails to teach nor render obvious the fifth component within the claim being added to the slurry and a skilled artisan would have no teaching, motivation, nor rationale to include the fifth component within the slurry of Fan nor at the weight percentages as claimed. Thus the composition for the protective layer as claimed in dependent claim 12 and specific weight percentages of claim 13 are not taught nor rendered obvious in view of the prior art and are thus considered to contain allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chu et al. (US 2001/0041294 A1)-discloses a method for forming lithium electrodes having a protective layer on the current collector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728