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 .
Specification
The disclosure is objected to because of the following informalities:
In [0057] line 4, "critic acid" should read "citric acid"
In [0078] line 3, "pectic-graphite" should read "pectin-graphite"
Appropriate correction is required.
Claim Objections
Claim 10 is objected to because of the following informalities:
The following instances lack proper punctuation:
Claim 10, line 8 uses a period at the end of “thereof” to separate claim elements within the body of the claim rather than a semicolon.
The period should be replaced with a semicolon. Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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 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.
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 1-2, 6-11, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Soeda (US20210367242A1), in the alternative, under 35 U.S.C. 103 as obvious over Soeda (US20210367242A1).
Regarding claim 1, Soeda teaches:
An electrode for a lithium-ion battery (Soeda, claims 14-16), comprising:
a current collector (Soeda, specification, [0210]);
and an electrode material layer disposed on the current collector, wherein the electrode material layer comprises an anode material and a binder (Soeda, specification, [0046] and [0049]),
the binder is pectin, its derivative or a combination thereof (pectin; Soeda, claim 1; specification, [0021]),
and the anode material is selected from the group consisting of lithium vanadium oxide, lithium titanium oxide, lithium iron oxide, graphite, and a combination thereof (Soeda, specification, [0104]-[0107]). Soeda discloses an electrode active material that can be a negative electrode active material made of an alkali metal complex oxide, and further discloses a negative electrode active material including lithium titanate (such as Li4Ti5O12 and Li2Ti3O7) as a suitable alkali metal complex oxide material (Soeda, specification, [0104]). Soeda also discloses that the electrode active material can be, for example, at least one selected from the group consisting of transition metal oxides such as TiO2, V2O5, Fe2O3, and graphite (Soeda, specification, [0106]), and further that the alkali metal complex oxide can also be a complex oxide whose composition is represented by Li1+uNi1-x-y-zCoxMnyMzO2, where M is at least one element selected from a group consisting of Fe, V, Ti, and/or other metal elements (Soeda, specification, [0107]). Although Soeda does not explicitly disclose lithium vanadium oxide or lithium iron oxide by name, the combined disclosures of lithium-containing metal oxides and Fe, V, and/or Ti as suitable transition metals further describe a lithium vanadium oxide, lithium titanium oxide, and/or a lithium iron oxide composition encompassed by the claimed anode material.
In the event that it is shown that Soeda alone does not disclose the claimed embodiment with sufficient specificity, the invention is obvious because it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select TiO2, V2O5, Fe2O3 as transition metal oxides, and/or to select Fe, V, and/or Ti as the transition metal M in the Li1+uNi1-x-y-zCoxMnyMzO2 anode material as taught by Soeda, as Soeda expressly identifies these elements as suitable options for an anode material of a lithium-ion battery.
Regarding claim 2, Soeda teaches all features of claim 1, and further teaches the electrode wherein the binder is pectin (Soeda, claim 1; specification, [0021]).
Regarding claim 6, Soeda teaches all features of claim 1, and further teaches the electrode wherein the anode material is lithium vanadium oxide (Soeda, specification, [0106]-[0107]). Soeda discloses an electrode active material that can be a negative electrode active material made of an alkali metal complex oxide, and further discloses that the electrode active material can be, for example, at least one selected from a group consisting of transition metal oxides including V2O5 (Soeda, specification, [0106]), and further that the alkali metal complex oxide can also be a complex oxide whose composition is represented by Li1+uNi1-x-y-zCoxMnyMzO2, where M is at least one element selected from a group consisting of V and/or other metal elements (Soeda, specification, [0107]). Although Soeda does not explicitly disclose lithium vanadium oxide by name, the combined disclosures of lithium-containing metal oxides and V as a suitable transition metal further describe the lithium vanadium oxide anode material composition encompassed by the claimed anode material.
In the event that it is shown that Soeda alone does not disclose the claimed embodiment with sufficient specificity, the invention is obvious because it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select V2O5 as the transition metal oxide, and/or to select V as the transition metal M in the Li1+uNi1-x-y-zCoxMnyMzO2 anode material as taught by Soeda, as Soeda expressly identifies these elements as suitable options for an anode material of a lithium-ion battery.
Regarding claim 7, Soeda teaches all features of claim 1, and further teaches the electrode wherein the anode material is graphite (Soeda, specification, [0106]).
Regarding claim 8, Soeda teaches all features of claim 1, and further teaches the electrode wherein the electrode material layer further comprises a conductive additive (Soeda, specification, [0146]).
Regarding claim 9, Soeda teaches all features of claim 8, and further teaches the electrode wherein an amount of the conductive additive ranges from 1 wt% to 10 wt% based on a total weight of the electrode material layer, specifically disclosing the use of acetylene black as the conductive auxiliary agent present in an amount of 3 parts by mass (Soeda, specification, [0203]). In addition, Seoda discloses that the amount of the conductive auxiliary agent in the electrode active material slurry can be present in a range of 0.1 mass % to 10 mass % in a case where the total amount of the electrode active material, the binder, and the conductive auxiliary agent is 100 mass %, which includes values that overlap with the claimed range (Soeda, specification, [0171]).
Regarding claim 10, Soeda teaches:
A lithium-ion battery (Soeda, claims 14-16), comprising:
a first electrode (Soeda, claims 14-16; specification, [0033]), comprising:
a current collector (Soeda, specification, [0210]);
and an electrode material layer disposed on the current collector, wherein the electrode material layer comprises an anode material and a binder (Soeda, specification, [0046] and [0049]),
the binder is pectin, its derivative or a combination thereof (pectin; Soeda, claim 1; specification, [0021]),
and the anode material is selected from the group consisting of lithium vanadium oxide, lithium titanium oxide, lithium iron oxide, graphite, and a combination thereof (Soeda, specification, [0104]-[0107]). Soeda discloses an electrode active material that can be a negative electrode active material made of an alkali metal complex oxide, and further discloses a negative electrode active material including lithium titanate (such as Li4Ti5O12 and Li2Ti3O7) as a suitable alkali metal complex oxide material (Soeda, specification, [0104]). Soeda also discloses that the electrode active material can be, for example, at least one selected from the group consisting of transition metal oxides such as TiO2, V2O5, Fe2O3, and graphite (Soeda, specification, [0106]), and further that the alkali metal complex oxide can also be a complex oxide whose composition is represented by Li1+uNi1-x-y-zCoxMnyMzO2, where M is at least one element selected from a group consisting of Fe, V, Ti, and/or other metal elements (Soeda, specification, [0107]). Although Soeda does not explicitly disclose lithium vanadium oxide or lithium iron oxide by name, the combined disclosures of lithium-containing metal oxides and Fe, V, and/or Ti as suitable transition metals further describe the lithium vanadium oxide, lithium titanium oxide, and/or a lithium iron oxide composition encompassed by the claimed anode material.
In the event that it is shown that Soeda alone does not disclose the claimed embodiment with sufficient specificity, the invention is obvious because it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select TiO2, V2O5, Fe2O3 as transition metal oxides, and/or to select Fe, V, and/or Ti as the transition metal M in the Li1+uNi1-x-y-zCoxMnyMzO2 anode material as taught by Soeda, as Soeda expressly identifies these elements as suitable options for an anode material of a lithium-ion battery.
a second electrode opposite to the first electrode (Soeda, claim 15);
a separator disposed between the first electrode and the second electrode (Soeda, specification, [0186]);
and an electrolyte disposed between the first electrode and the second electrode (Soeda, claim 15).
Regarding claim 11, Soeda teaches all features of claim 10, and further teaches the lithium-ion battery wherein the binder is pectin (Soeda, claim 1; specification, [0021]).
Regarding claim 15, Soeda teaches all features of claim 10, and further teaches the lithium-ion battery wherein the anode material is lithium vanadium oxide (Soeda, specification, [0106]-[0107]). Soeda discloses an electrode active material that can be a negative electrode active material made of an alkali metal complex oxide, and further discloses that the electrode active material can be, for example, at least one selected from a group consisting of transition metal oxides including V2O5 (Soeda, specification, [0106]), and further that the alkali metal complex oxide can also be a complex oxide whose composition is represented by Li1+uNi1-x-y-zCoxMnyMzO2, where M is at least one element selected from a group consisting of V and/or other metal elements (Soeda, specification, [0107]). Although Soeda does not explicitly disclose lithium vanadium oxide by name, the combined disclosures of lithium-containing metal oxides and V as a suitable transition metal further describe a lithium vanadium oxide anode material composition encompassed by the claimed anode material.
In the event that it is shown that Soeda alone does not disclose the claimed embodiment with sufficient specificity, the invention is obvious because it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select V2O5 as the transition metal oxide, and/or to select V as the transition metal M in the Li1+uNi1-x-y-zCoxMnyMzO2 anode material as taught by Soeda, as Soeda expressly identifies these elements as suitable options for an anode material of a lithium-ion battery.
Regarding claim 16, Soeda teaches all features of claim 10, and further teaches the lithium-ion battery wherein the anode material is graphite (Soeda, specification, [0106]).
Regarding claim 17, Soeda teaches all features of claim 10, and further teaches the lithium-ion battery wherein the electrode material layer further comprises a conductive additive (Soeda, specification, [0146]).
Regarding claim 18, Soeda teaches all features of claim 17, and further teaches the lithium-ion battery wherein an amount of the conductive additive ranges from 1 wt% to 10 wt% based on a total weight of the electrode material layer, specifically disclosing the use of acetylene black as the conductive auxiliary agent present in an amount of 3 parts by mass (Soeda, specification, [0203]). In addition, Seoda discloses that the amount of the conductive auxiliary agent in the electrode active material slurry can be present in a range of 0.1 mass % to 10 mass % in a case where the total amount of the electrode active material, the binder, and the conductive auxiliary agent is 100 mass %, which includes values that overlap with the claimed range (Soeda, specification, [0171]).
Claim Rejections - 35 USC § 103
Claim 3-5 and 12-14 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Soeda (US20210367242A1), as applied to claims 1 and 10, above and in view of Wu (Wu, Phillip. et al. Vibrational and electrochemical studies of pectin—a candidate towards environmental friendly lithium-ion battery development. PNAS Nexus (2022), Volume 1, Issue 4).
Regarding claim 3, Soeda teaches an electrode for a lithium-ion battery with all features of claim 1 as described above, and further teaches an electrode active material and a binder comprising pectin, where the pectin functions as a metal-crosslinking thickening agent that forms a crosslinked network with metal ions in an aqueous system (Soeda, specification, [0060]). In particular, Soeda teaches that the pectin becomes crosslinked via polyvalent metal ions generated from the surface of the electrode active material, thereby forming a gel network at the interface (Soeda, specification, [0064]-[0067]). Soeda further teaches that the electrode active material may comprise metal elements, such as iron (Fe) (Soeda, specification, [0103], [0106]-[0107]). However, Soeda does not explicitly disclose that the binder is Fe-doped pectin as recited in claim 3.
Wu teaches Fe-doped pectin used as a binder material in a lithium-ion battery and that iron (Fe) ions coordinate with the functional groups of pectin (e.g. carboxyl groups) to form a crosslinked network (Wu, abstract; pg. 2, col. 1, [2]; pg. 3, col. 1-2, [1]). Wu further teaches that incorporation of iron (Fe) into pectin affects bonding interactions and associated material properties, including electrochemical performance characteristics such as capacity, conductivity, and charging performance (Wu, abstract; pg. 5, col. 1, [1]; pg. 2, col. 1, [2]; pg. 6, col. 1, [1]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select iron (Fe) as the metal ion in the system of Soeda and to utilize Fe-doped pectin as taught by Wu (hereinafter “modified Soeda”). Soeda teaches that pectin forms a crosslinked network with metal ions and identifies iron (Fe) as a suitable metal element. Wu teaches that iron (Fe) ions coordinate with pectin to form a gel network that influences material properties, and further discloses Fe-doped pectin as a suitable, known iron-coordinated form of pectin as a binder in a similar battery system. One of ordinary skill in the art would have been motivated to incorporate iron (Fe) into the system of Soeda as taught by Wu to improve the electrochemical performance of the battery system. Additionally, since Soeda already teaches iron as a suitable metal for pectin crosslinking, and Wu demonstrates the effectiveness of Fe-doped pectin as a binder in a similar system, the combination is the result of using known elements for their established functions; therefore, one of ordinary skill in the art would also reasonably expect that incorporating iron (Fe) into the system of Soeda would result in iron ions coordinating with pectin to form an Fe-crosslinked pectin network (i.e. Fe-doped pectin), with predictable improvements in electrochemical performance.
Regarding claim 4, modified Soeda teaches an electrode for a lithium-ion battery with all features of claim 3 as described above, including an electrode active material and a pectin-based binder that forms a crosslinked network with metal ions, such as iron (Fe), as discussed previously. However, modified Soeda does not explicitly disclose a weight ratio of pectin:iron.
Wu teaches Fe-doped pectin as a binder and discloses preparing pectin with varying iron content, including specific pectin:iron ratios such as 8:1, 4:1, 2:1, and 1:1 (Wu, Fig. 2). Wu further teaches that iron (Fe) ions coordinate with functional groups of pectin, including carboxylate groups, and that bonding interactions and material properties vary with iron (Fe) content such that the relative amount of iron influences the structure and properties of the crosslinked network (Wu, pg. 2, col. 1, [2]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select a pectin:iron ratio as taught by Wu for use in the system of modified Soeda. Since Wu teaches that varying the iron content affects bonding interactions and resulting material properties, and because the claimed range falls within the optimization parameters of a result-effective variable, one of ordinary skill in the art would have been motivated to select an appropriate ratio to achieve desired electrochemical properties within those parameters. Further, applying the iron:pectin ratios taught by Wu would result in the predictable improvements of electrochemical performance characteristics, such as capacity, conductivity, and charging performance, with a reasonable expectation of success (Wu, abstract; pg. 5, col. 1, [1]; pg. 2, col. 1, [2]; pg. 6, col. 1, [1]).
Regarding claim 5, Soeda teaches an electrode for a lithium-ion battery with all features of claim 1 as described above, including an electrode active material and a pectin-based binder wherein the binder is present in an amount of 2 wt% based on a total weight of the electrode material layer (Soeda, specification, [0203]). However, Soeda does not disclose a binder amount within the claimed range of 3 wt% to 10 wt% and appears to be silent as to whether 2 wt% represents a critical or limiting amount.
Wu discloses an electrode for a lithium-ion battery comprising a pectin-based binder present in an amount of 5 wt% based on a total weight of the electrode material layer, which falls within the claimed range of 3 wt% -10 wt% (Wu, pg. 6, col. 2, [2]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select a binder amount within the claimed range of 3 wt% -10 wt% for the lithium-ion battery electrode system of Soeda. Soeda appears to be silent as to any criticality of the disclosed 2 wt% binder amount; Wu discloses a binder amount of 5 wt% which falls within the claimed range and demonstrates that such binder amounts are suitable for use in similar battery electrode systems. As the binder content represents a result-effective variable, one of ordinary skill in the art would have adjusted the binder content to achieve desirable electrode properties, such as improved electrochemical performance, with a reasonable expectation of success (Wu, abstract; pg. 5, col. 1, [1]; pg. 2, col. 1, [2]; pg. 6, col. 1, [1]).
Regarding claim 12, Soeda teaches an electrode for a lithium-ion battery with all features of claim 10 as described above, and further teaches an electrode active material and a binder comprising pectin, where the pectin functions as a metal-crosslinking thickening agent that forms a crosslinked network with metal ions in an aqueous system (Soeda, specification, [0060]). In particular, Soeda teaches that the pectin becomes crosslinked via polyvalent metal ions generated from the surface of the electrode active material, thereby forming a gel network at the interface (Soeda, specification, [0064]-[0067]). Soeda further teaches that the electrode active material may comprise metal elements, such as iron (Fe) (Soeda, specification, [0103], [0106]-[0107]). However, Soeda does not explicitly disclose that the binder is Fe-doped pectin as recited in claim 12.
Wu teaches Fe-doped pectin used as a binder material in a lithium-ion battery and that iron (Fe) ions coordinate with the functional groups of pectin (e.g. carboxyl groups) to form a crosslinked network (Wu, abstract; pg. 2, col. 1, [2]; pg. 3, col. 1-2, [1]). Wu further teaches that incorporation of iron (Fe) into pectin affects bonding interactions and associated material properties, including electrochemical performance characteristics such as capacity, conductivity, and charging performance (Wu, abstract; pg. 5, col. 1, [1]; pg. 2, col. 1, [2]; pg. 6, col. 1, [1]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select iron (Fe) as the metal ion in the system of Soeda and to utilize Fe-doped pectin as taught by Wu (hereinafter “modified Soeda”). Soeda teaches that pectin forms a crosslinked network with metal ions and identifies iron (Fe) as a suitable metal element. Wu teaches that iron (Fe) ions coordinate with pectin to form a gel network that influences material properties, and further discloses Fe-doped pectin as a suitable, known iron-coordinated form of pectin as a binder in a similar battery system. One of ordinary skill in the art would have been motivated to incorporate iron (Fe) into the system of Soeda as taught by Wu to improve the electrochemical performance of the battery system. Additionally, since Soeda already teaches iron as a suitable metal for pectin crosslinking, and Wu demonstrates the effectiveness of Fe-doped pectin as a binder in a similar system, the combination is the result of using known elements for their established functions; therefore, one of ordinary skill in the art would also reasonably expect that incorporating iron (Fe) into the system of Soeda would result in iron ions coordinating with pectin to form an Fe-crosslinked pectin network (i.e. Fe-doped pectin), with predictable improvements in electrochemical performance.
Regarding claim 13, modified Soeda teaches an electrode for a lithium-ion battery with all features of claim 12 as described above, including an electrode active material and a pectin-based binder that forms a crosslinked network with metal ions, such as iron (Fe), as discussed previously. However, modified Soeda does not explicitly disclose a weight ratio of pectin:iron.
Wu teaches Fe-doped pectin as a binder and discloses preparing pectin with varying iron content, including specific pectin:iron ratios such as 8:1, 4:1, 2:1, and 1:1 (Wu, Fig. 2). Wu further teaches that iron (Fe) ions coordinate with functional groups of pectin, including carboxylate groups, and that bonding interactions and material properties vary with iron (Fe) content such that the relative amount of iron influences the structure and properties of the crosslinked network (Wu, pg. 2, col. 1, [2]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select a pectin:iron ratio as taught by Wu for use in the system of modified Soeda. Since Wu teaches that varying the iron content affects bonding interactions and resulting material properties, and because the claimed range falls within the optimization parameters of a result-effective variable, one of ordinary skill in the art would have been motivated to select an appropriate ratio to achieve desired electrochemical properties within those parameters. Further, applying the iron:pectin ratios taught by Wu would result in the predictable improvements of electrochemical performance characteristics, such as capacity, conductivity, and charging performance, with a reasonable expectation of success (Wu, abstract; pg. 5, col. 1, [1]; pg. 2, col. 1, [2]; pg. 6, col. 1, [1]).
Regarding claim 14, Soeda teaches an electrode for a lithium-ion battery with all features of claim 10 as described above, including an electrode active material and a pectin-based binder wherein the binder is present in an amount of 2 wt% based on a total weight of the electrode material layer (Soeda, specification, [0203]). However, Soeda does not disclose a binder amount within the claimed range of 3 wt% to 10 wt% and appears to be silent as to whether 2 wt% represents a critical or limiting amount.
Wu discloses an electrode for a lithium-ion battery comprising a pectin-based binder present in an amount of 5 wt% based on a total weight of the electrode material layer, which falls within the claimed range of 3 wt% -10 wt% (Wu, pg. 6, col. 2, [2]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select a binder amount within the claimed range of 3 wt% -10 wt% for the lithium-ion battery electrode system of Soeda. Soeda appears to be silent as to any criticality of the disclosed 2 wt% binder amount; Wu discloses a binder amount of 5 wt% which falls within the claimed range and demonstrates that such binder amounts are suitable for use in similar battery electrode systems. As the binder content represents a result-effective variable, one of ordinary skill in the art would have adjusted the binder content to achieve desirable electrode properties, such as improved electrochemical performance, with a reasonable expectation of success (Wu, abstract; pg. 5, col. 1, [1]; pg. 2, col. 1, [2]; pg. 6, col. 1, [1]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Zhang (US2020014029A1): appears to disclose a crosslinking-type aqueous binder comprising a polymer such as pectin for use in lithium-ion battery electrode systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXIS R OSTWALT whose telephone number is (571)272-8650. The examiner can normally be reached Mon-Fri 7:30am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 5712707692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.R.O./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
Prosecution Insights