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
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/08/2026.
Claim Status
Claims 12-20 have been withdrawn in view of the restriction requirement.
Claims 1-11 are currently pending and have been examined on the merits in this office action.
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 1, and 6-10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Paik et al. (US 2011/0143204 A1).
Regarding claim 1, Paik discloses an electrode for an electrochemical cell, the electrode comprising (Figure 2; electrochemical cell system 100 including electrochemical cell 102 having a cathode 104 and anode 106 reading as the electrode):
an electrode base material ([0036] cathode 104 is configured to include a first layer 104a and a second layer 104b each independently including a lithium containing oxide); and
an oxygen scavenger material disposed on the electrode base material ([0036] Figure 2 cathode having active material layers 104a and 104b wherein the first layer 104a includes a dopant and is in contact with an oxygen scavenger material with the latter forming at least a partial coating on the lithium containing oxide; [0029] cathode materials include a lithium containing oxide).
Regarding claim 6, Paik discloses all the claim limitations of claim 1. Paik further discloses wherein the electrode is a cathode and the electrode base material is a positive electroactive material that comprises Mn, Ni, Co, Cr, Fe, V, Li or a combination thereof (Figure 2 cathode; [0036]; [0029] cathode active material contain the formula Li(NixCoyMz)O2 wherein M can be Li, Ni, Co or O).
Regarding claim 7, Paik discloses all the claim limitations of claim 1. Paik discloses wherein the electrode base material is configured as particles and the oxygen scavenger material is coated overlying the outer surface of the particles ([0055] anode and cathode materials are powder compositions held together with a polymer binder wherein the binder provides ionic conductivity to the active particles; [0036] oxygen scavenger material forms a partial coating on the active material and thus would coat the outer surfaces of the particles of the active material).
Regarding claim 8, Paik discloses all the claim limitations of claim 7. Paik discloses wherein the electrode active material comprises a binder that holds together the particles coated with the oxygen scavenger material together ([0055] binder holds the active material particles together; [0036] oxygen scavenger material forms a partial coating on the active material).
Regarding claim 9, Paik discloses all the claim limitations of claim 8. Paik further discloses wherein conductive particles are dispersed throughout the electrode together with the particles coated with the oxygen scavenger material ([0006-0014] the electrode active material contains a dopant that can be selected from a variety of metals and wherein the oxygen scavenger material is at least partially coated on the active material).
Regarding claim 10, Paik discloses an electrochemical cell comprising (Figure 2 electrochemical cell system 100 and cell 102):
A positive electrode comprising (cathode 104; Figure 2):
A positive electrode base material (Figure 2; [0036] cathode 104 having a first and second layer comprising active material); and
An oxygen-scavenger material disposed on the positive electrode base material ([0036] Figure 2 cathode having active material layers 104a and 104b wherein the first layer 104a includes a dopant and is in contact with an oxygen scavenger material with the latter forming at least a partial coating on the lithium containing oxide; [0029] cathode materials include a lithium containing oxide);
A negative electrode (Figure 2; anode 106);
A separator disposed between the positive and negative electrodes, wherein the separator is electrically insulating and ionically conductive (Figure 2; [0026-0027] separator 108 provided between the cathode and anode); and
An electrolyte operatively disposed between the positive and negative electrodes and interfacing with the separator to conduct ions between the positive and negative electrodes ([0040,0050] and [0027] electrolyte can be provided and can be used with the separator).
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.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Paik et al. (US 2011/0143204 A1).
Regarding claim 5, Paik discloses all the claim limitations of claim 1. Paik is silent with respect to wherein the oxygen-scavenger material is present in an amount of about 1-20 wt% based on a total weight of the electrode, however, Paik discloses wherein the total amount of oxygen scavenger materials can be selected to form the desired amount of coating and the ratio of the oxygen scavenger materials can be based on the stoichiometry of the coating material ([0039]). Therefore, it would have been obvious in view of a skilled artisan to adjust the amount of oxygen scavenger material to provide a desired coating amount for the electrode thus rendering obvious the claimed range of 1-20 wt% as the oxygen scavenger materials can be adjusted and optimized to be between 1-20 wt% absent criticality or unexpected results. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See MPEP 2144.05.
Claims 2-4, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Paik et al. (US 2011/0143204 A1) as applied to claims 1 and 10 above, and further in view of Curello et al. (US 2007/0077480 A1).
Regarding claims 2-4 and 11, Paik discloses all the claim limitations of claims 1 and 10. Paik discloses wherein the battery contains an oxygen scavenger material on an electrode and wherein the materials for the scavenger material can be ZrO2, Y2O3, CeO2, TiO2, Al2O3 an combinations thereof ([0007]). While these materials appear to be able to read as the intermediate oxidation state inorganic compound of claims 2-3 and 11, Paik is explicitly silent with respect to wherein the oxygen scavenger material is an intermediate oxidation state organic/inorganic compound and the specific material of the oxygen scavenger material.
Curello discloses oxygen scavenger materials used within power generation applications such as fuel cells or batteries. Curello discloses non-limiting examples of oxygen scavenger material that includes at least sodium sulfite (Na2SO3) ([0030]) in order to alleviate internal pressures by trapping, removing and preventing reactive gasses from forming within the power generation application ([0029]).
Therefore, it would have been obvious in view of a skilled artisan to select the oxygen scavenger material of Paik to be made of the oxygen scavenger material of Curello, such as sodium sulfite (Na2SO3), as a selection of a known oxygen scavenger material for a known intended use. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). The specific material taught by Paik would read on claims 2-4 and 11 as the NaSO3 oxygen scavenger material would be an intermediate oxidation state inorganic compound and explicitly discloses a material claimed in claim 4 thus rendering obvious claims 2-4 and 11 through the modification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Colbert et al. (US 2002/0092984 A1)- discloses coatings that may be applied to devices and discloses a Fe(CO)3 coating.
Matsuo et al. (US 2014/0120423 A1)- discloses an electrode for a lithium secondary battery. Matsuo discloses wherein conductive particles c an be added to an electrode mixture to increase the conductivity of the electrode.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728