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 .
This is a final office action in response to Applicant's remarks and amendments filed on 05/11/2026. Claims 11 and 17-20 are currently amended. Claims 1-10, 12, and 14 are canceled. Claims 11, 13, and 15-20 are pending review in this action. The previous objections regarding the Drawing and the Claims are withdrawn in light of Applicant's amendment to the Drawings and cancellation of Claims 1-5 and 14. The previous 35 U.S.C. 112(b) rejections are withdrawn in light of Applicant's amendment to Claim 17-18 and 20. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's cancellation of Claim 1 and amendment to Claim 11. New grounds of rejection necessitated by Applicant's amendments are presented below.
Drawings
The drawings were received on 05/11/2026. These drawings are acceptable.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 11, 13, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Heller et al. (US 2007/0125644 A1) further in view of Guillonnet et al. (US 2017/0077556 A1) and Furutani et al. (US 2020/0373527 A1).
In Regards to Claim 11:
Heller discloses a zinc metal battery (case-less miniature Zn(NAFION)—AgCl battery) comprising: an anode (Zn anode) including a zinc metal film (Zn layer) containing zinc metal and a protective layer (phosphorus containing polymer coating and hopeite layer) disposed on the surface of the zinc metal film (Zn layer) (Figure 9, [0048-0049, 0087]). Heller further discloses the protective layer (phosphorus containing polymer coating and hopeite layer) includes zinc phosphate (hopeite) (Figure 8, [0048, 0086]). Heller further discloses that the protective layer (phosphorus containing polymer coating and hopeite layer) comprises a polymer coating which may have a thickness of greater than 10 nm and less than 500 µm [0048, 0068-0069]. Heller further discloses that the zinc metal battery (case-less miniature Zn(NAFION)—AgCl battery) comprises a cathode (Ag/AgCl cathode) containing a cathode active material, and an aqueous electrolyte disposed between the anode (Zn anode) and the cathode (Ag/AgCl cathode) (Figure 9, [0087, 0065]). Heller further discloses that the aqueous electrolyte may be selected from a group which includes interstitial fluid and environmentally friendly aqueous solutions such as sodium chloride (NaCl) and potassium chloride (KCl) [0065].
The examiner notes that the term “a thickness” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art.
Heller is deficient in disclosing 1) a separator disposed between the anode and the cathode and impregnated with the aqueous electrolyte, wherein the protective layer is disposed between the zinc metal film and the separator; 2) that the aqueous electrolyte contains a zinc salt; and 3) that the protective layer inhibits formation of dead zinc on the anode during charging and discharging of the battery.
Regarding 1), Guillonnet discloses a zinc metal battery (zinc-air battery cell) comprising an anode (zinc electrode, 12), a cathode (air electrode, 11), a separator (14), and an electrolyte (Figure 1, [0034, 0055]). Guillonnet further discloses that the separator (14) is disposed between the anode (zinc electrode, 12) and the cathode (air electrode, 11), and that the separator (14) may be impregnated with the electrolyte (Figure 1, [0043]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the zinc metal battery of Heller to include between the cathode and the anode, a separator which is impregnated by the electrolyte, as it is known in the art as a suitable configuration for a zinc metal battery to include a separator impregnated with an electrolyte which is placed between an anode and a cathode, as taught by Guillonnet. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Upon the above modification, the skilled artisan would appreciate that as the protective layer (phosphorus containing polymer coating and hopeite layer) is disposed on the surface of the zinc metal film (Zn layer), when the separator is positioned between the anode (Zn anode) and the cathode (Ag/AgCl cathode) the protective layer (phosphorus containing polymer coating and hopeite layer) would indeed be between the zinc metal film (Zn layer) and the separator. Thus, upon the above modification, the limitations of Claim 11 requiring a separator disposed between the anode and the cathode and impregnated with the aqueous electrolyte, wherein the protective layer is disposed between the zinc metal film and the separator, are met.
Regarding 2) and 3), Furutani discloses a battery comprising a zinc-based negative electrode (30), a positive electrode (20), a separator (40), and an aqueous electrolyte solution (Figure 2, [0053, 0070, 0102]). Furutani further discloses that the aqueous electrolyte solution may include one or more selected from a group which includes sodium chloride (NaCl), potassium chloride (KCl), and zinc chloride (ZnCl2) [0103].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the electrolyte of Heller, an aqueous electrolyte solution comprising zinc chloride (ZnCl2), as it is known in the art at that zinc chloride (ZnCl2) is a recognized equivalent to sodium chloride (NaCl) and potassium chloride (KCl) for use as a salt in an aqueous electrolyte solution of a battery with a zinc-based negative electrode, as taught by Furutani. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.
Upon the above modification, the skilled artisan would appreciate that the configuration of the zinc metal battery (case-less miniature Zn(NAFION)—AgCl battery) components as well as the chemistry of the zinc metal battery (case-less miniature Zn(NAFION)—AgCl battery) meet all of the limitations of the instant claim. As such, the examiner notes that the claim limitation requiring that the protective layer inhibits the formation of dead zinc on the anode during charging and discharging of the battery is a functional limitation that does not appear to provide any additional structure to the claimed zinc metal battery that would distinguish over modified Heller since modified Heller discloses the structure and chemistry required by Claim 11, thus the zinc metal battery of modified Heller would be expected to inhibit the formation of dead zinc on the anode during charging and discharging of the battery (MPEP 2114). Thus, upon the above modifications, all of the limitations of Claim 11 are met.
In Regards to Claim 13 (Dependent Upon Claim 11):
Heller as modified by Guillonnet and Furutani discloses the zinc metal battery according to Claim 11 as set forth above. Heller does not explicitly disclose the crystal structure or space group of the protective layer. However, Heller discloses that the protective layer (phosphorus containing polymer coating and hopeite layer) comprises hopeite [0048].
The instant specification discloses that hopeite has an orthorhombic structure as a crystal structure and Pnma as a space group [0057].
As such, the skilled artisan would appreciate that as Heller discloses that the protective layer (phosphorus containing polymer coating and hopeite layer) comprises hopeite, the protective layer (phosphorus containing polymer coating and hopeite layer) of Heller would indeed have an orthorhombic structure as a crystal structure and Pnma as a space group. Thus, all of the limitations of Claim 13 are met.
In Regards to Claim 19 (Dependent Upon Claim 11):
Heller as modified by Guillonnet and Furutani discloses the zinc metal battery according to Claim 11 as set forth above. Upon the modification detailed above in the rejection of Claim 11, modified Heller discloses that the zinc salt is ZnCl2. Thus, all of the limitations of Claim 19 are met.
In Regards to Claim 20 (Dependent Upon Claim 11):
Heller as modified by Guillonnet and Furutani discloses the zinc metal battery according to Claim 11 as set forth above. Heller further discloses that the aqueous electrolyte has a pH of between 3 and 12 [0124]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Thus, all of the limitations of Claim 20 are met.
Claims 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Heller et al. (US 2007/0125644 A1) as modified by Guillonnet et al. (US 2017/0077556 A1) and Furutani et al. (US 2020/0373527 A1), as applied to Claim 11 above, further in view of Roumi (US 2013/0224632 A1).
In Regards to Claim 15 (Dependent Upon Claim 11):
Heller as modified by Guillonnet and Furutani discloses the zinc metal battery according to Claim 11 as set forth above. Heller discloses that the cathode active material may be silver (Ag) [0058].
Heller is deficient in disclosing that the cathode active material includes alkali metal vanadium oxide or vanadium oxide.
Roumi discloses a zinc battery comprising a cathode (positive electrode) and an anode (negative electrode), wherein the anode (negative electrode) may comprise zinc [0048-0049, 0059]. Roumi further discloses that the cathode (positive electrode) may comprise a cathode active material (positive electrode active material) which may be selected from a group which includes silver (Ag), vanadium oxide (V2O5), and an alkali metal vanadium oxide such as lithium vanadium oxide [0078].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the cathode active material of the zinc metal battery of Heller, vanadium oxide (V2O5) or an alkali metal vanadium oxide such as lithium vanadium oxide, as it is known in the art that vanadium oxide (V2O5) and lithium vanadium oxide are recognized equivalents to silver (Ag) for use as a cathode active material in a zinc based battery, as taught by Roumi. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Upon the above modification, all of the limitations of Claim 15 are met.
In Regards to Claim 18 (Dependent Upon Claim 15):
Heller as modified by Guillonnet, Furutani, and Roumi discloses the zinc metal battery according to Claim 15 as set forth above. Upon the modification detailed above in the rejection of Claim 15, modified Heller discloses that the vanadium oxide is V2O5. Thus, all of the limitations of Claim 18 are met.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Heller et al. (US 2007/0125644 A1) as modified by Guillonnet et al. (US 2017/0077556 A1), Furutani et al. (US 2020/0373527 A1), and Roumi (US 2013/0224632 A1), as applied to Claim 15 above, further in view of Choi et al. (US 2020/0067075 A1).
In Regards to Claim 16 (Dependent Upon Claim 15):
Heller as modified by Guillonnet, Furutani, and Roumi discloses the zinc metal battery according to Claim 15 as set forth above. Upon the modification detailed above in the rejection of Claim 15, modified Heller discloses that the alkali metal vanadium oxide may be lithium vanadium oxide.
Modified Heller is deficient in disclosing the specific chemical formula of the lithium vanadium oxide.
Choi discloses a zinc based battery comprising a cathode (positive electrode) including a cathode active material (positive electrode material) [0060, 0061]. Choi further discloses that the cathode active material (positive electrode material) may be lithium vanadium oxide which has a chemical formula LiV3O8 [0061].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the lithium vanadium oxide of modified Heller, LiV3O8, as such a lithium vanadium oxide is known in the art as suitable for use as a cathode active material in a zinc based battery, as taught by Choi. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Upon the above modification, the skilled artisan would appreciate that the alkali metal vanadium oxide has a formula according to MxV3O8 wherein M is Li, and x=1. Thus, all of the limitations of Claim 16 are met.
In Regards to Claim 17 (Dependent Upon Claim 15):
Heller as modified by Guillonnet, Furutani, and Roumi discloses the zinc metal battery according to Claim 15 as set forth above. Upon the modification detailed above in the rejection of Claim 15, modified Heller discloses that the alkali metal vanadium oxide may be lithium vanadium oxide.
Modified Heller is deficient in disclosing the specific chemical formula of the lithium vanadium oxide.
Choi discloses a zinc based battery comprising a cathode (positive electrode) including a cathode active material (positive electrode material) [0060, 0061]. Choi further discloses that the cathode active material (positive electrode material) may be lithium vanadium oxide which has a chemical formula LiV3O8 [0061].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the lithium vanadium oxide of modified Heller, LiV3O8, as such a lithium vanadium oxide is known in the art as suitable for use as a cathode active material in a zinc based battery, as taught by Choi. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 17 are met.
Response to Arguments
Applicant’s arguments, filed 05/11/2026, with respect to the rejection of Claims 1-5 and 11-20 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Heller et al. (US 2007/0125644 A1), Guillonnet et al. (US 2017/0077556 A1), Furutani et al. (US 2020/0373527 A1), Roumi (US 2013/0224632 A1), and Choi et al. (US 2020/0067075 A1).
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.
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/E.E.F./Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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