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 .
Summary
The Applicant’s arguments and claim amendments received March 9, 2026 have been entered into the file. Currently, claims 1-23, 36-39, 43, 45-46, 48-50, 53, and 56-124 are cancelled; and claims 24, 31, 40-42, 47, and 55 are amended; resulting in claims 24-35, 40-42, 44, 47, 51-52, and 54-55 pending for examination.
Examiner Comment
It is noted that multiple embodiments are disclosed in the prior art applied (Brewer, et al. (US 2021/0057733 A1)). For the sake of clarity, the embodiments have been divided into separate lines of rejection in the office action below.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 24-29, 31-35, 40-42, and 44 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 33-38, 40-44, 49-51, and 53 of copending Application No. 18/514,632 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Regarding claim 24 of the instant invention, claim 33 of copending Application No. 18/514,632 also recites a multi-layer, lithium anode assembly for use in a lithium-based battery, the anode assembly comprising a substrate region having a lithium compatible support surface, and comprising a non- lithium current collector; a lithium hosting region overlying the support surface and configured to retain a least at first lithium material film; and at least one of: an interface region located between the lithium hosting region and the support surface and comprising at least one interface film positioned between the support surface and the lithium hosting region to physically separate the substrate region and the lithium hosting region, the at least one interface film being formed by a physical deposition of a lithium compatible material onto the support surface and being electronically conductive to allow an electron flux between the lithium hosting region and the support surface; or a cover region located outboard of the lithium hosting region including at least one cover film covering an outboard side of the lithium hosting region, the cover region allowing a lithium ion flux between an electrolyte and the lithium hosting region. While it is acknowledged that claim 33 of copending Application No. 18/514,632 does not expressly recite that the first lithium material film is generally continuous and uninterrupted by intervening materials, it is understood that the lithium material meeting the claim limitation of “film” is considered to be generally continuous, as paragraph [00164] of the copending application defines film as being generally continuous an not interrupted by intervening materials or structures (MPEP 804(II)(B)(1)).
Regarding claim 25 of the instant invention, claim 34 of copending Application No. 18/514,632 also recites that the interface region is operable to do at least one of inhibiting dendrite formation when lithium is deposited in the lithium hosting region when in use, and improving lithium ion flux or ion distribution between the lithium hosting region and the substrate region when in use.
Regarding claim 26 of the instant invention, claim 35 of copending Application No. 18/514,632 also recites that the cover region is operable to do at least one of inhibit irreversible reactions between the lithium hosting region and the electrolyte or surrounding environment, inhibit dendrite formation when lithium is deposited in the lithium hosting region when in use, and improving lithium ion flux or ion distribution between the lithium hosting region and the electrolyte when in use.
Regarding claim 27 of the instant invention, claim 36 of copending Application No. 18/514,632 also recites that the anode assembly comprises both the interface region and the cover region.
Regarding claim 28 of the instant invention, claim 37 of copending Application No. 18/514,632 also recites that the first lithium material film is formed by a physical deposition of a lithium compatible material into the lithium hosting region.
Regarding claim 29 of the instant invention, claim 38 of copending Application No. 18/514,632 also recites that the current collector comprises at least one of copper, aluminum, nickel, stainless steel, steel, an electrically conductive polymer, a polymer.
Regarding claim 31 of the instant invention, claim 40 of copending Application No. 18/514,632 also recites that the current collector has a collector thickness of between about 1 and about 100 microns.
Regarding claim 32 of the instant invention, claim 41 of copending Application No. 18/514,632 also recites that the current collector is formed from a lithium compatible material and has a front surface that comprises the support surface.
Regarding claim 33 of the instant invention, claim 42 of copending Application No. 18/514,632 also recites that the lithium compatible material comprises a metal foil including at least one of copper, steel, and stainless steel.
Regarding claim 34 of the instant invention, claim 43 of copending Application No. 18/514,632 also recites that the current collector is formed from a non-lithium compatible material and further comprising a first protective film bonded to and covering a front surface of the current collector and providing the support surface, the first protective film being formed from a protective metal that is electronically conductive and resistive to lithium ion flux whereby electrons can travel through the first protective film from the lithium hosting region to the current collector and the lithium hosting region is spaced from and at least substantially ionically isolated from the current collector such that and diffusion of lithium ions from the lithium hosting region to the current collector through the first protective film is substantially prevented.
Regarding claim 35 of the instant invention, claim 44 of copending Application No. 18/514,632 also recites that the protective metal comprises at least one of copper (Cu), nickel (Ni), silver (Ag), stainless steel and steel, titanium (Ti), zirconium (Zr), molybdenum (Mo), or alloys thereof.
Regarding claim 40 of the instant invention, claim 49 of copending Application No. 18/514,632 also recites that the least one interface film comprises at least one of tin (Sn), zinc (Zn), magnesium (Mg), carbon (C), copper (Cu), indium (In), silver (Ag), bismuth (Bi), lead (Pb), cadmium (Cd), antimony (Sb) and selenium (Se).
Regarding claim 41 of the instant invention, claim 50 of copending Application No. 18/514,632 also recites that the at least one interface film has a thickness of between about 1 and about 75,000 Angstroms.
Regarding claim 42 of the instant invention, claim 51 of copending Application No. 18/514,632 also recites that the least one interface film comprises at least a first deposition-enhancing film including at least one of tin (Sn), zinc (Zn), magnesium (Mg), carbon (C), indium (In), silver (Ag), bismuth (Bi), lead (Pb) and positioned to contact the lithium hosting region, whereby dendrite formation is inhibited when the first lithium material film is deposited in the lithium hosting region.
Regarding claim 44 of the instant invention, claim 53 of copending Application No. 18/514,632 also recites that the interface region further comprises at least a first bonding film adjacent the first deposition-enhancing film and including e zinc (Zn), cadmium (Cd), magnesium (Mg), antimony (Sb), indium (In), bismuth (Bi), nickel (Ni), lead (Pb) and selenium (Se) and positioned between the support surface and the lithium hosting region thereby providing an improved bond between the support surface and the lithium hosting region than would be achieved between the support surface and the lithium hosting region in the absence of the first bonding.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 24-27, 29-30, 32-33, 40-42, 44, 47, 52, and 54-55 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brewer, et al. (US 2021/0057733 A1).
Regarding claims 24 and 27, Brewer teaches a multi-layer anode for a lithium-based energy storage device. As shown in Figure 8, the anode includes a current collector (101) comprising an electrically conductive layer (103), and a metal oxide layer (105), a first lithium storage layer (107), a first intermediate layer (109) comprising a first sublayer (109a) and second sublayer (109b), a second lithium storage layer (117; lithium hosting region), and a supplemental layer (150; cover region) covering the outboard side of the second lithium storage layer. Brewer teaches that the lithium storage layer undergoes lithiation (¶ [0089], Ln. 1-5), indicating it is configured to retain a first lithium material film. As evidence that the lithium storage layer is capable of retaining a lithium film which is generally continuous and uninterrupted by intervening materials, Brewer teaches an optional prelithiation step, in which lithium metal is deposited over the lithium storage layer by a process such as evaporation, e-beam, or sputtering (¶ [0107], Ln. 1-3). The electrically conductive layer (103) includes a metallic material such as titanium, nickel, copper, or stainless steel, an electrically conductive carbon, or a layer deposited onto an insulating substrate (non-lithium current collector) (¶ [0033], Ln. 1-12). In the embodiment shown in Figure 8, the first intermediate layer (109) comprising a first sublayer (109a) and second sublayer (109b) is considered the claimed interface region, comprising an interface film. The intermediate layer is in physical contact with the lithium storage layer (¶ [0024], Ln. 8-12) indicating it is formed from a lithium compatible material. Brewer teaches that the intermediate layer may be formed by physical vapor deposition (¶ [0079], Ln. 5-7), and that it has electrical conductivity (¶ [0074], Ln. 1-4). Brewer teaches that the supplemental layer (150) permits lithium ions to move into and out of the lithium storage layer during charging and discharging (¶ [0094], Ln. 4-8).
Regarding claim 25, Brewer teaches all of the limitations of claim 24 above and further teaches that the intermediate layer (109) may assist in maintaining electrical continuity throughout the anode thereby preserving charge capacity and/or cycling stability (improving ion distribution between the lithium hosting region and substrate region) (¶ [0090], Ln. 4-6).
Regarding claim 26, Brewer teaches all of the limitations of claim 24 above and further teaches that the supplemental layer (150) may help stabilize the lithium storage layer by providing a barrier to direct electrochemical reactions with solvents or electrolytes that can degrade the interface (inhibit irreversible reactions between the lithium hosting region and the electrolyte) (¶ [0094], Ln. 1-4).
Regarding claim 29, Brewer teaches all of the limitations of claim 24 above and further teaches that the electrically conductive layer of the current collector comprises stainless steel, titanium, nickel, copper, or a conductive carbon (¶ [0170], Ln. 1-3).
Regarding claim 30, Brewer teaches all of the limitations of claim 24 above and further teaches that the current collector may have a mesh structure (continuous web) (¶ [0031], Ln. 1-2).
Regarding claims 32-33, Brewer teaches all of the limitations of claim 24 above and further teaches that the electrically conductive layer of the current collector comprises stainless steel, titanium, nickel, copper, or a conductive carbon (lithium compatible material comprising a metal foil including at least one of copper, steel, and stainless steel) (¶ [0170], Ln. 1-3) and includes a metal oxide (105; support surface) comprising an oxide of nickel, an oxide of copper, or an oxide of titanium (¶ [0166], Ln. 1-3).
Regarding claims 40, 42, 44, and 47, Brewer teaches all of the limitations of claim 24 above and further teaches that the first intermediate layer may comprise a first sublayer (109a; first bonding film) and a second sublayer (109b; first deposition-enhancing film) wherein the first sublayer includes a metal and the second sublayer includes a metal oxide (¶ [0083], Ln. 5-9, 12-15). Brewer teaches that the metal may include a transition metal such as Ni, Cu, Ag, Zn, Mo, Au, Ti, Cr, Mn, Ta, Ti, V, Fe, or Co (¶ [0079], Ln. 1-4). As shown in Figure 8, the second sublayer (109b) is positioned to contact the second lithium storage layer (117; lithium hosting region), and the first sublayer (109a) is positioned adjacent to the second sublayer (109b) and in between the second lithium storage layer (117; lithium hosting region) and the metal oxide (105; support surface). As Brewer teaches silver and zinc among the list of transition metals, the reference teaches a first sublayer (109a; first bonding film) and a second sublayer (109b; first deposition-enhancing film) including the claimed elements, thereby inhibiting dendrite formation and improving bonding.
Regarding claim 41, Brewer teaches all of the limitations of claim 24 above and further teaches that the intermediate layer has a thickness in a range of about 1 nm to about 100 nm (10 Angstroms to 1000 Angstroms), within the claimed range of 1 and 75,000 Angstroms (¶ [0164], Ln. 1-3).
Regarding claim 52, Brewer teaches all of the limitations of claim 24 above and further teaches that the second lithium storage layer comprises silicon and germanium (free of a lithium foil) (¶ [0141]-[0142]).
Regarding claims 54-55, Brewer teaches all of the limitations of claim 24 above and further teaches that the supplemental layer may be an oxide or nitride formed from the lithium storage material itself, such as silicon dioxide, silicon nitride, or silicon oxynitride (passivation film that inhibits gas diffusion and allows lithium ion flux) (¶ [0093], Ln. 5-8). Brewer further teaches that the supplemental layer helps stabilize the lithium storage layer by providing a barrier to direct electrochemical reactions with solvents or electrolytes that can degrade the interface (¶ [0094], Ln. 1-4)
Claims 24 and 27-28 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brewer, et al. (US 2021/0057733 A1).
Regarding claims 24 and 27-28, Brewer teaches a multi-layer anode for a lithium-based energy storage device. As shown in Figure 8, the anode includes a current collector (101) comprising an electrically conductive layer (103), and a metal oxide layer (105), a first lithium storage layer (107), a first intermediate layer (109) comprising a first sublayer (109a) and second sublayer (109b), a second lithium storage layer (117; lithium hosting region), and a supplemental layer (150; cover region) covering the outboard side of the second lithium storage layer. Brewer teaches that the lithium storage layer may undergo prelithiation, depositing a lithium metal layer (lithium compatible material) over the lithium storage layer by a process such as evaporation, e-beam or sputtering (physical deposition) (¶ [0107], Ln. 1-3), indicating it is configured to retain a first lithium material film which is generally continuous and uninterrupted by intervening materials. The electrically conductive layer (103) includes a metallic material such as titanium, nickel, copper, or stainless steel, an electrically conductive carbon, or a layer deposited onto an insulating substrate (non-lithium current collector) (¶ [0033], Ln. 1-12). In the embodiment shown in Figure 8, the first intermediate layer (109) comprising a first sublayer (109a) and second sublayer (109b) is considered the claimed interface region, comprising an interface film. The intermediate layer is in physical contact with the lithium storage layer (¶ [0024], Ln. 8-12) indicating it is formed from a lithium compatible material. Brewer teaches that the intermediate layer may be formed by physical vapor deposition (¶ [0079], Ln. 5-7), and that it has electrical conductivity (¶ [0074], Ln. 1-4). Brewer teaches that the supplemental layer (150) permits lithium ions to move into and out of the lithium storage layer during charging and discharging (¶ [0094], Ln. 4-8).
Claims 24, 27, 40, and 51 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Brewer, et al. (US 2021/0057733 A1).
Regarding claims 24 and 27, Brewer teaches a multi-layer anode for a lithium-based energy storage device. As shown in Figure 1A, the anode includes a current collector (101) comprising an electrically conductive layer (103), and a metal oxide layer (105), a first lithium storage layer (107), a first intermediate layer (109; interface region comprising an interface film), a second lithium storage layer (117; lithium hosting region), and a supplemental layer (150; cover region). Brewer teaches that the lithium storage layer undergoes lithiation (¶ [0089], Ln. 1-5), indicating it is configured to retain a first lithium material film. As evidence that the lithium storage layer is capable of retaining a lithium film which is generally continuous and uninterrupted by intervening materials, Brewer teaches an optional prelithiation step, in which lithium metal is deposited over the lithium storage layer by a process such as evaporation, e-beam, or sputtering (¶ [0107], Ln. 1-3). The electrically conductive layer (103) includes a metallic material such as titanium, nickel, copper, or stainless steel, an electrically conductive carbon, or a layer deposited onto an insulating substrate (non-lithium current collector) (¶ [0033], Ln. 1-12). The intermediate layer is in physical contact with the lithium storage layer (¶ [0024], Ln. 8-12) indicating it is formed from a lithium compatible material. Brewer teaches that the intermediate layer may be formed by physical vapor deposition (¶ [0079], Ln. 5-7), and that it has electrical conductivity (¶ [0074], Ln. 1-4). Brewer teaches that the supplemental layer (150) permits lithium ions to move into and out of the lithium storage layer during charging and discharging (¶ [0094], Ln. 4-8).
Regarding claim 40, Brewer teaches all of the limitations of claim 24 above and further teaches that the intermediate layer comprises a carbon material (¶ [0152], Ln. 1-3).
Regarding claim 51, Brewer teaches all of the limitations of claim 24 above and further teaches that the intermediate layer comprises a carbon material (free of a metal foil) (¶ [0152], Ln. 1-3). Additionally, as Brewer teaches that the lithium storage layer undergoes lithiation (¶ [0089], Ln. 1-5), which takes place during the charging/discharging process, lithium metal is deposited into the lithium storage layer after the supplemental layer is in place.
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 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.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Brewer, et al. (US 2021/0057733 A1).
Regarding claim 31, Brewer teaches all of the limitations of claim 24 above and further teaches that the electrically conductive layer has a thickness ranging from 0.1 μm to 100 μm (¶ [0034], Ln. 5-10) and the metal oxide layer has a thickness ranging from 0.005 μm to 5 μm (¶ [0036], Ln. 4-15), resulting in a total current collector thickness ranging from 0.1005 μm to 105 μm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
Claims 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Brewer, et al. (US 2021/0057733 A1) as applied to claim 24 above, and further in view of Leuthner, et al. (US 2014/0011072 A1), cited on IDS.
Regarding claims 34-35, Brewer teaches all of the limitations of claim 24 above. Brewer does not expressly teach that the current collector is formed from a non-lithium compatible material and further comprising a first protective film bonded to and covering a front surface of the current collector and providing the support surface.
Leuthner teaches a weight-reduced lithium-ion cell that has an aluminum-based outgoing conductor foil and an aluminum-based collector for the negative electrode side, the outgoing conductor foil and the collector being provided on both sides, or at least partially, with a metallic layer that prevents alloying of the outgoing conductor foil and the collector with lithium ions during the operation of the lithium-ion cell, further teaching that the metallic layer consists of copper or of nickel (¶ [0008], Ln. 1-9). Leuthner teaches that in using an aluminum-based collector advantageously lowers the weight of the lithium-ion cell, increasing energy density (¶ [0015], Ln. 1-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the current collector of Brewer to include a copper or nickel coated aluminum foil, rather than just copper or nickel, based on the teachings of Leuthner. One of ordinary skill in the art would be motivated to use a coated aluminum current collector in order to lower the weight of the lithium-ion cell, thereby increasing the energy density. In including a copper or nickel coating on an aluminum film, electrons would be able to travel through the coating, however the alloying of aluminum and lithium ions would be prevented.
Response to Arguments
Response-Claim Objections
The previous objections to claims 24, 40-42, 47, and 55 for minor informalities are overcome by the Applicant’s amendments to claims 24, 40-42, 47, and 55 in the response filed March 9, 2026.
Response-Claim Rejections – 35 U.S.C. 112
The previous rejections of claims 31 and 41 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 are overcome by the Applicant’s amendments to claims 31 and 41 in the response filed March 9, 2026.
Response-Claim Rejections – 35 U.S.C. 102 and 103
Applicant's arguments filed March 9, 2026 regarding amended claim 1 have been fully considered but they are not persuasive. The Applicant argues that the lithium storage layer taught by Brewer, et al. (US 2021/0057733 A1) is not configured to retain a lithium material film that is generally continuous and uninterrupted by intervening materials as the lithium storage layer is a continuous porous layer with pores and interstices embedded therein. This argument is not persuasive. Firstly, it is noted that in paragraph to which the Applicant points, Brewer discloses that the lithium storage layer may be a continuous lithium storage layer and/or may be porous continuous lithium storage layer (¶ [0052], Ln. 1-4). Brewer teaches that the continuous lithium storage layer may be described as a matrix of interconnected silicon, germanium, or alloys thereof, further teaching that random pores and interstices embedded therein are present in the case of a porous continuous lithium storage layer (¶ [0052], Ln. 23-27), and therefore the layer does not necessarily require random pores and interstices embedded therein. Secondly, as evidence that the lithium storage layer of Brewer is capable of retaining a lithium metal layer which is generally continuous and uninterrupted by intervening materials, Brewer teaches that the lithium storage layer may undergo prelithiation. Specifically, Brewer teaches that lithium metal is deposited over the lithium storage layer by a process such as evaporation, e-beam, or sputtering (¶ [0107], Ln. 1-3), which one of ordinary skill in the art would recognize would result in a lithium material film which is generally continuous and uninterrupted by intervening materials.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH J JACOBSON whose telephone number is (703)756-1647. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm.
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785
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