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 .
The Applicant’s amendment filed on 7/2/2026 was received. Claims 1, 19 were amended. Claims 5, 6 were cancelled. Claims 11-18 were withdrawn. Claims 21, 22 were newly added.
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office action issued on 4/2/2026.
Claim Rejections - 35 USC § 102
Claims 1, 2, 7-10, 19, 20 remain rejected under 35 U.S.C. 102(a)(2) as anticipated by Li et al. (US 20200274155 A1). The rejections are restated below to address the amendment.
Regarding to claims 1, 19: Li et al. disclose systems and methods for rechargeable batteries (abstract). The rechargeable batteries comprise a 3D lithium anode (200) (par. 29, 81, claim 21). The 3D lithium anode (200), comprising:
a lithium metal layer (206) and a thin metal current collector (208) (the combination of the lithium metal layer (206) and the thin metal current collector (208) is equivalent to a current collector body) (par. 29, fig. 2); and
a 3D conductive porous structure (204) (equivalent to a lithophilic layer) (par. 29, fig. 2) on a surface of the lithium metal layer (206) (fig. 2). The 3D porous structure (204) can be made of conductive materials in the form of particles or fibers. The conductive materials used can include conductive carbon and conductive metals (such as copper). Further, carbon and metals can be coated or doped with other lithophilic elements (equivalent to lithophilic materials), including but not limited to Sn, Zn, Ag (Ag has lithium affinity as evidenced by Lee et al. (US 20230290956 A1) in par. 188), Bi, In, Ga, Al, N, P, Si, Ge, or alloys of these elements (par. 30).
The 3D porous structure (204) can be composed of porous copper powder (each copper particle is equivalent to a discrete individual particle) (par. 34, 35) (The shell of each metal (copper) particle in figure 2 (b) is equivalent to an external structure. The inner pore (cavity) of each metal (copper) particle in figure 2 (b) is equivalent an internal structure (par. 34, 35). The pore (cavity) is inside the individual particles in figure 2 (b)).
Regarding to claim 2: Li et al. disclose the shell of the metal particle is spherical shape in figure 2 (b).
Regarding to claims 7, 8: Li et al. disclose the 3D conductive porous structure (204) has a thickness ranging most preferably from 20 μm to 80 μm (par. 29)
Regarding to claims 9, 10: Li et al. disclose the thin metal current collector (208) includes a conventional anode current collector, e.g., copper (par. 29).
Regarding to claims 20: Li et al. disclose these batteries have found widespread application in portable electronics and mobile communications devices as well as in, for instance, HEVs, PHEVs and EVs (portable electronics, devices, and vehicles are equivalent to apparatuses) (par. 3).
Claims 1, 3, 4 remain rejected under 35 U.S.C. 102(a)(1) as anticipated by Pan et al. (US 10886528 B2). The rejections are restated below to address the amendment.
Regarding to claim 1: Pan et al. disclose a lithium battery cathode electrode comprising multiple particulates of a cathode active material (abstract). The lithium battery comprises:
a cathode current collector (equivalent to a current collector body) (col. 10, lines 25-34); and
a layer of mixing multiple particulates (equivalent to a lithophilic layer) (col. 10, lines 25-34) coated on a surface of the cathode current collector, wherein the mixing multiple particulates comprises particulates of sulfonated elastomer-encapsulated cathode active material particles. The multiple-particle particulate (equivalent to a discrete individual particle) contains multiple cathode active material particles (14), which are encapsulated by a sulfonated elastomer (16) (col. 12, lines 40-59). The elastomer contains inorganic fillers for reinforcement. The inorganic fillers are selected form Ag, Pt, Au (col. 13, lines 23-30). (Ag has lithium affinity as evidenced by Lee et al. (US 20230290956 A1) in par. 188 and Ag is a lithophilic element (equivalent to lithophilic material) as evidence by Li et al. (US 20200274155 A1) in par. 30.) (The shell of the sulfonated elastomer (16) is equivalent to an external structure. A cavity (equivalent internal structure) is enclosed by the sulfonated elastomer (16) in fig. 2(B). The cavity is inside the sulfonated elastomer (16) in fig. 2(B).)
Regarding to claims 3, 4: Pan et al. disclose the encapsulating thin layer of sulfonated elastomer has a thickness from 1 nm to 10 μm (co. 7, lines 61-67, col. 8, lines 1-3).
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.
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 20200274155 A1) as applied in claim 1 above and further in view of Kim et al. (KR 20200113338 A). The English translation of the KR 20200113338 A is attached.
Regarding to claim 21: Li et al. disclose systems and methods for rechargeable batteries (abstract) as described in paragraph 2 above. Li et al. fail to explicitly disclose the material of the external structure comprises silver oxide. However, Kim et al. discloses an all-solid-state secondary battery (par. 1). Kim et al. recognize Ag and AgO are both lithium-affinity materials (par. 12). Since the prior art of Kim et al. recognizes the equivalency of Ag and AgO in the field of lithium affinity materials, it would have been obvious to one of ordinary skill in the art at the time of the invention to replace the Ag of Li et al. with the AgO of Kim et al. as it is merely the selection of functionally equivalent lithium-affinity material recognized in the art and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Therefore, the shell of the metal (copper) of Li et al. can be coated or doped with AgO (lithium-affinity material).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 20200274155 A1) in view of Kim et al. (KR 20200113338 A).
Regarding to claim 22: Li et al. disclose systems and methods for rechargeable batteries (abstract). The rechargeable batteries comprises a 3D lithium anode (200) (par. 29, 81, claim 21). The 3D lithium anode (200), comprising:
a lithium metal layer (206) and a thin metal current collector (208) (the combination of the lithium metal layer (206) and the thin metal current collector (208) is equivalent to a current collector body) (par. 29, fig. 2); and
a 3D conductive porous structure (204) (equivalent to a lithophilic layer) (par. 29, fig. 2) on a surface of the lithium metal layer (206) (fig. 2). The 3D porous structure (204) can be made of conductive materials in the form of particles or fibers. The conductive materials used can include conductive carbon and conductive metals (such as copper). Further, carbon and metals can be coated or doped with other lithophilic elements (equivalent to lithophilic materials), including but not limited to Sn, Zn, Ag (Ag has lithium affinity as evidenced by Lee et al. (US 20230290956 A1) in par. 188), Bi, In, Ga, Al, N, P, Si, Ge, or alloys of these elements (par. 30).
The 3D porous structure (204) can be composed of porous copper power (par. 34, 35) (The shell of each metal (copper) particle in figure 2 (b) is equivalent to an external structure. The inner pore (cavity) of each metal (copper) particle in figure 2 (b) is equivalent internal structure (par. 34, 35).).
Li et al. fail to explicitly disclose the material of the external structure of the lithiophilic material comprises silver oxide. However, Kim et al. discloses an all-solid-state secondary battery (par. 1). Kim et al. recognizes Ag and AgO are both lithium-affinity material (par. 12). Since the prior art of Kim et al. recognizes the equivalency of Ag and AgO in the field of lithium affinity materials, it would have been obvious to one of ordinary skill in the art at the time of the invention to replace the Ag of Li et al. with the AgO of Kim et al. as it is merely the selection of functionally equivalent lithium-affinity material recognized in the art and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Therefore, the shell of the metal (copper) of Li et al. can be coated or doped with AgO (lithium-affinity material).
Response to Amendment
Applicant’s arguments filed on 07/02/2026 have been fully considered but they are not persuasive. Applicant primarily argues:
Li discloses the inner pore (cavity) is formed by removing the pore former. As shown in FIG. 2b of Li, when conductive metals (such as copper, nickel) are coated with Ag, the inner pore (cavity) is formed by a plurality of silver-coated copper particles rather than the internal void of a single Ag particle.
Pan, also fails to disclose or suggest the amended claim 1.
In response:
Applicant’s arguments are not persuasive. Li disclose that the porous copper (copper powder with submicron pores inside) can be made by etching away Zn or Mn from brass alloy or CuMn alloy powder (par. 34, 35). In this method, the porous copper particle is equivalent to the discrete individual particle and the pore inside the copper is equivalent to the cavity.
Applicant’s arguments are not persuasive. The multiple-particle particulate of Pan is equivalent to a discrete individual particle which contains multiple cathode active material particles (14) (col. 12, lines 40-59, fig. 2 (B)). The sulfonated elastomer (16), equivalent to the external structure, encloses a cavity, and the cavity comprises multiple cathode active material particles (14).
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 PIN JAN WANG whose telephone number is (571)272-7057. The examiner can normally be reached M-F 9am-5pm.
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/PIN JAN WANG/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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