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 .
Election/Restrictions
Applicant’s election without traverse of Group I and species claims 34 and 37, inclusive of claims 31, 32, 34-37, 39, 40, 42-50, and 53, in the reply filed on July 24, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 31, 32, 34-37, 39, 40, 42-50, and 53 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
Claim 31 recites the limitation "the at least a portion of the porous electrically insulating material" in lines 15-16. There is insufficient antecedent basis for this limitation in the claim. It is recommended that the “the” at the beginning of the identified limitation is deleted to instead read “at least a portion of the apertures being aligned over
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 45 recites the broad recitation “at least about 2…members,” and the claim also recites “at least about…4, 5, 10, 25, 50, or 100 members” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 53 recites the limitation "the at least the portion of the porous electrically insulating" in line 3. There is insufficient antecedent basis for this limitation in the claim. As claim 31 does provide antecedent basis for “a porous electrically insulating material” and “at least a portion of the porous electrically insulating material,” it is recommended that the identified portion of claim 53 be amended to read “the at least the portion of the porous electrically insulating material” (emphasis added).
Claim Rejections - 35 USC § 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 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.
Claim(s) 31, 32, 35-37, 39, 40, and 42-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Busacca et al (US 2020/0350633).
Regarding claims 31 and 32, Busacca teaches associated electrode assembly and secondary battery (title), which constitutes a device for electrical current conductance. Unit cells can be seen comprising an electrode separated from a counter-electrode, said cells being horizontally stacked in the claimed manner resulting in abutting surfaces of the electrode and counter-electrode being relatively “vertical” as being orthogonal to said horizontal stacking direction (Fig. 31B). Separator 130 of Busacca is considered to satisfy the requirements for the claimed porous electrically insulating material. As seen in Figure 27A’ and 2C, the separator 130 is placed between electrode structures 110 and counter-electrode structures 112, thus the separator 130 is considered to cover both upper and lower electrode end surfaces of both the electrode(s) and counter-electrode(s). Busacca teaches that the separator 130 can comprise an ionically permeable, microporous material, that is capable of passing carrier ions therethrough between the electrode active material layer 132 and counter-electrode active material layer 138 in each unit cell 504, while also at least partially insulating the electrode and counter-electrode active material layers (par. 459). Busacca teaches that the separator layers 130 exhibits a porosity of about 25% to about 75%, more typically in the range of about 35-55% (par. 684). Busacca teaches a growth constraint system 158 exhibiting openings (apertures) 680 that are taught to be formed over separator 130 (par. 433), which results in “at least a portion of the apertures being aligned over the [sic] at least a portion of the porous electrically insulating material.”
Claim 31 differs from Busacca in that the openings 680 are not taught to have “a long axis extending along the stacking axis.” However, this feature is only missing insomuch as the openings are depicted as circular. As circular shapes have an aspect ratio of ~1, there is no “long” axis, as all axis in the plane of the opening are essentially identical in length. Absent a showing of criticality, a mere change in shape of the openings, such as an ovoid, which may exhibit the long axis, as claimed, is considered to amount to an obvious matter of design choice. Regardless of the particular shape of the openings themselves, the totality of the openings in the horizontal (stacking) direction can be seen to extends in such a direction, as perforations (Fig. 31D). In this sense, the general line of “apertures” essentially exhibits a long axis along the stacking axis, as claimed. Absent a showing of criticality or further distinction, the long axis of the collective openings 680 are considered to at least serve as a functional equivalent to the instantly claimed “each” aperture having such a long axis.
Regarding claim 35, as Busacca teaches that the porous electrically insulating material exhibits an anticipatory porosity with relation to the claimed porosity, the intention as to why said porosity was selected fails to further distinguish the claimed structure over that of the prior art.
Regarding claim 36, Busacca teaches first and second primary growth constraints 154 and 156 to exert/maintain pressure in the stacking/longitudinal/x direction/axis (Fig. 1D and par. 637),first and second secondary growth constraints 158 and 160 to exert/maintain pressure in the vertical/z direction/axis (Fig. 1D and par. 638), and first and second tertiary growth constraints 157 and 159 to exert/maintain pressure in the transverse/y direction/axis (Fig. 4C and par. 495).
Regarding claim 37, Busacca teaches examples of electrode active materials to include silicon, inclusive of silicon oxide, and more specifically silicon-containing material in particulate form, such as one or more of particulate silicon, particulate silicon oxide, and mixtures thereof (par. 215).
Regarding claim 39, Busacca teaches carbon nanotubes as a suitable raw material as a conductive aid for an anode (par. 290).
Regarding claim 40, the openings of Busacca, as depicted in the Figures, are circular holes, which exhibit a curvature.
Regarding claim 42, the openings 680 are depicted in the Figures as being evenly spaced (e.g., Figs. 31 C and D).
Regarding claim 43, the openings 680 of Busacca are inherently positioned relative to each other and relative to the constraint system (Figures). While this is not considered to be an issue of indefiniteness, it is not clear how any such openings could not be relative to everything else in the designated system insomuch as said “else” is, in fact, present in such a system.
Regarding claims 44 and 48, Busacca teaches a porous electrically insulating material (that is an ionically permeable, microporous material, that is capable of passing carrier ions therethrough) arranged proximate the openings 680, as discussed above. As Busacca teaches a system that is substantially identical to instant claim 31, it is expected to exhibit substantially identical properties and functions, including the ability to enhance a uniformity in transfer of carrier ions into the unit cell, as compared to a configuration without the porous electrically insulating material. Busacca teaches that the secondary battery, in addition to carrier ions, may also contain a non-aqueous liquid electrolyte within the battery enclosure (par. 206). To the extent that the Applicant believes the instant invention to be physically distinguished from Busacca, such distinctions must be clearly present in the claims. Further regarding claim 48, Busacca teaches that carrier ions from auxiliary electrodes 686 can pass through openings 680 to reach the electrode and/or counter-electrode structures in order to replenish the electrode and/or counter-electrode active material layers with said carrier ions (par. 434 and Fig. 31B).
Regarding claim 45, Busacca teaches that at least 1, at least 2, and even at least 16 unit cells may be included in the battery (par. 341).
Regarding claim 46, Busacca teaches that the electrode assembly has a ratio of maximum length and maximum width to the maximum height of at least 2:1 (par. 55). If the max W to max H is at least 2:1, then the max H to max W ratio is at most 0.5, thus encompassing the claimed range of at least 0.4:1.
Regarding claim 47, Busacca shows spaced openings 680, as discussed above. The collective openings, as discussed above, extend across the stack. In addition, as each depicted opening is circular, each opening is considered to extend across the stack in 360° from the center point of the opening, in the plane in which the opening/aperture resides.
Regarding claims 49 and 50, Busacca teaches that the growth constraint systems will typically comprise a material that does not significantly react or lose mechanical strength at temperatures up to 70°C, does not significantly corrode at the floating or anode/electrode potential for the battery, is compatible with the battery electrolyte, and has an ultimate tensile strength of at least 10,000 psi (par. 645).
Allowable Subject Matter
Claim 34 and 53 would, independently, be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Busacca et al (US 2020/0350633) is considered to represent the closest related prior art to the claimed invention, as shown above.
Regarding claim 34, while Busacca teaches that the openings (apertures) 680 may be formed over separator 130, the material of which constitutes the instantly claimed porous electrically insulating material, Busacca does not teach or suggest that the material from the separator, or otherwise another material satisfying the claimed “porous electrically insulating material,” is disposed within at least a portion of the apertures, as instantly claimed.
Regarding claim 53, while Busacca teaches layer 628 of insulating material in the upper and lower regions where the electrodes and counter-electrodes are vertically offset, wherein the insulating material may include insulating member 514 (par. 419 and Fig. 27A’), Busacca clearly teaches that the insulating member 514 is distinct, both materially and functionally, than separator 130, which is relied upon as satisfying the instantly claimed porous electrically insulating material. Claim 53 differs from Busacca in that the instant claims require that the same material located in the upper and lower electrode recess surfaces is also located proximate the aperture, whereas the material of Busacca that is proximate the openings is clearly taught to be distinct from the recess filling material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W SLIFKA whose telephone number is (571)270-5830. The examiner can normally be reached Monday-Friday, 9:00 AM-5:30 PM.
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, Ching-Yiu (Coris) Fung can be reached at 571-270-5713. 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.
/Colin W. Slifka/ Primary Examiner, Art Unit 1732
