DETAILED CORRESPONDENCE
This is the first office action regarding application number 18/241,801, filed 11/19/2025.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of invention I, claims 7-9 and 15, in the reply filed on is acknowledged.
Claims 16-25 are withdrawn from further consideration for being drawn to a nonelected invention.
Claims 7-9 and 15 have been fully considered in examination.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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 7-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Modest (US-20160301038-A1) in view of Zhamu (US-20170352868-A1) (refer to enclosed translations for citations).
Regarding claim 7,
Modest et al. teaches a method of manufacturing a thermal battery (see [0175],” system that can heat itself”, wherein a heat generating battery is a thermal battery), the method comprising:
melting lithium ([0099], [0109]),
immersing [0109] a metal alloy foam (Fig. 3, 307; [0076], [0085] [0109]), in which a plurality of pores are formed (where pores are inherent to foams)
and comprising nickel (Ni) [0085], iron (Fe) [0085] mixed in a predetermined composition ratio ([0085], “Ni—Fe”, 1:1);
and arranging an anode current collector (Fig. 3, 302, wherein 302 is a current collector because it is conductive and collects current; [0076]) on one surface (Fig. 3, top surface of 37) of the metal alloy foam 307;
and sequentially stacking an electrolyte (Fig. 4, electrolyte 304; [0076]), a cathode (Fig. 3, 305; [0076]), and a cathode current collector (Fig. 3, 308; [0076]) on another surface (Fig. 3, 307; https://www.thefreedictionary.com/ON) of the metal alloy [0085] foam 307.
Modest fails to teach a glove box under an argon atmosphere; and comprising nickel (Ni), iron (Fe), chromium (Cr), and aluminum (Al) mixed in a predetermined composition ratio.
Zhamu teaches a glove box ([0204], “cells were assembled in a glove box” wherein the entire assembly occurs in the glove box). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to assembly the cells of Modest in a glove box “since pure alkali metals, such as potassium and sodium, are extremely sensitive to moisture and pose an explosion danger” (Zhamu; [0024]).
Further, Zhamu teaches comprising nickel (Ni) [0040], iron (Fe) [0040], chromium (Cr) [0040], and aluminum (Al) [0040] mixed in a predetermined composition ratio [0040]. It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to use metal foam composition of Zhamu, as Zhamu teaches the metal foam is selected to better attract lithium [0040] and impart better conductivity to suppress dendrite formation [0036].
While Zhamu is silent to under an argon atmosphere, it is well understood in the art to use Argon as a gas environment for glove boxes for its inert properties (see https://ehs.mit.edu/wp-content/uploads/EHS_0222.pdf), such that it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to use argon in the glove box for its inert properties, “since pure alkali metals… are extremely sensitive to moisture and pose an explosion danger” (Zhamu; [0024]).
Regarding claim 8,
Modest in view of Zhamu teaches the method of claim 7 (see rejection of claim 7 above) teaches wherein a surface pre-treatment operation using eutectic salts is not performed on the surfaces of the metal alloy foam (wherein Modest is silent to a surface pre-treatment with eutectic salts).
Regarding claim 9,
Modest in view of Zhamu teaches the method of claim 7 (see rejection of claim 7 above), wherein the molten lithium [0109] is impregnated ([0076], [0109], “Li metal, wetting into the foam/porous structure”); into the metal alloy foam [0098] within five minutes in the immersing of the metal alloy foam in the molten lithium (wherein at least a portion of the porous alloy foam is immediately impregnated after contact with Li metal [0076], [0109] due to the metal foam having open pores [0076], [0109]).
Regarding claim 15,
A method of manufacturing a thermal battery (see [0175],” system that can heat itself”, wherein a heat generating battery is a thermal battery), the method comprising:
melting lithium ([0099], [0109]),
immersing [0109] a metal alloy foam (Fig. 3, 307;[0076],[0085] [0109]), in which a plurality of pores are formed (where pores are inherent to foams)
and comprising nickel (Ni) [0085], iron (Fe) [0085] mixed in a predetermined composition ratio ([0085], “Ni—Fe”, 1:1);
and arranging an anode current collector (Fig. 3, 302, wherein 302 is a current collector because it is conductive and collects current; [0076]) on one surface (Fig. 3, top surface of 37) of the metal alloy foam 307;
and sequentially stacking an electrolyte (Fig. 4, electrolyte 304; [0076]), a cathode (Fig. 3, 305; [0076]), and a cathode current collector (Fig. 3, 308; [0076]) on another surface (Fig. 3, 307; https://www.thefreedictionary.com/ON) of the metal alloy [0085] foam 307.
Modest fails to teach a glove box under an argon atmosphere; and comprising nickel (Ni), iron (Fe), chromium (Cr), and molybdenum (Mo) mixed in a predetermined composition ratio.
Zhamu teaches a glove box ([0204], “cells were assembled in a glove box” wherein the entire assembly occurs in the glove box). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to assembly the cells of Modest in a glove box “since pure alkali metals, such as potassium and sodium, are extremely sensitive to moisture and pose an explosion danger” (Zhamu; [0024]).
Further, Zhamu teaches comprising nickel (Ni) [0040], iron (Fe) [0040], chromium (Cr) [0040], and molybdenum (Mo) [0040] mixed in a predetermined composition ratio [0040]. It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to use metal foam composition of Zhamu, as Zhamu teaches the metal foam is selected to better attract lithium [0040] and impart better conductivity to suppress dendrite formation [0036].
While Zhamu is silent to under an argon atmosphere, it is well understood in the art to use Argon as a gas environment for glove boxes for its inert properties (see https://ehs.mit.edu/wp-content/uploads/EHS_0222.pdf), such that it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to use argon in the glove box for its inert properties, “since pure alkali metals… are extremely sensitive to moisture and pose an explosion danger” (Zhamu; [0024]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Choi, “Electrochemical properties of a lithium-impregnated metal foam anode for thermal batteries”, relevant to an alternate disclosure of metal foam impregnation with lithium metal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL WYROUGH whose telephone number is (571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE can be reached on (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1728 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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