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 .
Status of Claims
Claims 1-9 and 11 are currently pending;
Claim 10 is cancelled;
Claims 1 and 6-8 are currently amended.
Status of Objections and Rejections Pending Since the Office Action of 04/07/2026
The objection of claim 7 is withdrawn in view of Applicant’s amendment;
The 112(b) rejection of claims 1-11 is withdrawn in view of Applicant’s amendment;
The 102(a)(1) rejections are withdrawn and replaced with new 103 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 07/06/2026, with respect to the rejection(s) of claim(s) 1-9 and 11 under 102(a)(1) and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Manthiram in view of Joo.
Claim Rejections - 35 USC § 103
Claims 1-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Manthiram et al. (US-20160233491-A1), hereinafter Manthiram, in view of Joo et al. (US 20110151322 A1), hereinafter Joo.
Regarding claim 1, Manthiram teaches a battery comprising: a first electrode ([0034] anode); a second electrode ([0038] cathode); and an electrolytic solution [0041] electrolyte), wherein the battery is a lithium secondary battery ([0002] rechargeable lithium ion batteries), the first electrode comprises a current collector and an active material layer ([0034]-[0035]), the active material layer contains Bi as a main component of an anode active material ([0034]-[0035]; fig. 4A Bi-C active material wherein the C is a conductive additive; figs. 5A and 6A [0021]-[0022]), Bi is a component contained in the largest amount as the active material in terms of molar ratio in the active material layer (([0034]-[0035]; fig. 4A Bi-C active material wherein the C is a conductive additive; figs. 5A and 6A [0021]-[0022]; alternatively Bi0.57Sb0.43-C in fig. 4A and [0021]; [0053]), and the electrolytic solution contains at least one selected from the group consisting of vinylene carbonate and fluoroethylene carbonate ([0041] the electrolyte can contain a carbonate; [0058] fluoroethylene carbonate).
Manthiram fails to teach the active material layer is a Bi plating layer.
Joo is considered analogous to the claimed invention because they are in the same field of bismuth used in electrodes ([0047]). Joo teaches the active material layer is a Bi plating layer ([0044]; [0047]; [0068]).
Therefore, it would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Manthiram such that the active material layer is a Bi plating layer. Doing so allows for the active material to be closely adhered to the current collector (Joo [0044]; [0047]; [0068]).
Regarding claim 2, modified Manthiram teaches all of the limitations of claim 1. Manthiram also teaches wherein the active material has a density of from 6.0 g/cm3 to 9.8 g/cm3, inclusive, wherein when the first electrode is a negative electrode, the density of the active material is a density of the active material of the battery in a fully discharged state, and when the first electrode is a positive electrode, the density of the active material is a density of the active material of the battery in a fully charged state (([0034]-[0035]; fig. 4A Bi-C anode active material wherein the C is a conductive additive Bismuth inherently has a density of 9.8 g/cm3 , see supplemental material made of record on April 7, 2026).
Regarding claim 3, modified Manthiram teaches all of the limitations of claim 2. Manthiram also teaches wherein the density of the active material is from 7.5 g/cm3 to 9.8 g/cm3, inclusive (([0034]-[0035]; fig. 4A Bi-C anode active material wherein the C is a conductive additive Bismuth inherently has a density of 9.8 g/cm3 , see supplemental material made of record on April 7, 2026).
Regarding claim 4, modified Manthiram teaches all of the limitations of claim 1.
Manthiram fails to explicitly teach wherein, in an X-ray diffraction pattern of the active material layer, the X-ray diffraction pattern of the active material layer being obtained by surface X-ray diffraction measurement using a Cu-Kα ray, an intensity ratio I(2)/I(1) of an intensity I(2) to an intensity I(1) is more than or equal to 0.29, where the intensity I(1) is a height intensity of a maximum peak present in a range of a diffraction angle 2θ of from 26° to 28°, inclusive, and the intensity I(2) is a height intensity of a maximum peak present in a range of a diffraction angle of 2 of from 37° to 39°, inclusive in the body of the disclosure. However, Manthiram does teach an x-ray diffraction pattern of the active material layer in figure 4a. This figure appears to show an X-ray diffraction pattern of the active material layer, the X-ray diffraction pattern of the active material layer being obtained by surface X-ray diffraction measurement using a Cu-Kα ray, an intensity ratio I(2)/I(1) of an intensity I(2) to an intensity I(1) is more than or equal to 0.29, where the intensity I(1) is a height intensity of a maximum peak present in a range of a diffraction angle 2θ of from 26° to 28°, inclusive, and the intensity I(2) is a height intensity of a maximum peak present in a range of a diffraction angle of 2 of from 37° to 39°, inclusive ([0016]; see fig. 4A, either Bi-C or Bi 0.57Sb0.43-C wherein Bi is the main component appears to overlap the claimed intensity ratio). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 5, modified Manthiram teaches all of the limitations of claim 4. Manthiram also teaches wherein the intensity ratio I(2)/I(1) is less than or equal to 0.57 ([0016]; see fig. 4A, either Bi-C or Bi 0.57Sb0.43-C wherein Bi is the main component appears to overlap the claimed intensity ratio). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 6, modified Manthiram teaches all of the limitations of claim 1. Manthiram also teaches wherein the active material layer contains a Bi simple substance (([0034]-[0035]; fig. 4A Bi-C anode active material wherein the C is a conductive additive).
Regarding claim 7, modified Manthiram teaches all of the limitations of claim 1. Manthiram also teaches wherein the active material layer contains at least one selected from the group consisting of LiBi and Li3Bi (([0034]-[0035]; fig. 4A Bi-C anode active material wherein the C is a conductive additive; [0034] lithiated compound of LiBi or Li3Bi during charge and discharge).
Regarding claim 8, modified Manthiram teaches all of the limitations of claim 1. Modified Manthiram also teaches wherein the active material layer contains only a Bi simple substance as an active material. And the Bi simple substance is metallic Bi (Manthiram [0034]-[0035]; fig. 4A Bi-C anode active material wherein the C is a conductive additive, therefore only Bi is the active material; Joo [0044];[0047]; [0068] electroplated, therefore metallic).
Regarding claim 9, modified Manthiram teaches all of the limitations of claim 1. Manthiram also teaches wherein the current collector contains Cu ([0057] copper foil).
Regarding claim 11, modified Manthiram teaches all of the limitations of claim 1. Manthiram also teaches wherein the first electrode is a negative electrode ([0034] anode), and the second electrode is a positive electrode ([0038] cathode).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120328935 A1 teaches an anode active material for a magnesium ion battery wherein the active material can include an alloy of bismuth and antimony (Abstract).
CN 110783529 A teaches a metal negative electrode for a lithium secondary battery including a lithium-bismuth alloy substrate such as Li3Bi and/or LiBi;
CN 106981650 B teaches a nano-level simple substance of bismuth formed by electrochemical deposition as a negative electrode material (Abstract).
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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/M.L.K./Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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