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 .
Status of Claims
Claims 1-3, 5, 7-20 are pending.
Claims 1, 2, 5, 7 -9 have been amended.
Claims 4, 6 have been cancelled.
Response to Amendment
Applicant’s amendments filed on 4/8/2026 have been entered.
102 rejections from previous office action have been withdrawn in view of the amendments.
Claim Objections
Claim 2 is objected to because of the following informalities: line 2 “ wherein the lithium metal negative electrode plate satisfies at least one of the following conditions:” is not needed anymore since the other conditions/limitations have been cancelled from claim 2. Only one condition remains in amended version. Appropriate correction is required.
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.
Claims 1-3, 7, 10-15, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN 110875476 A; machine translation), in view of Chae et al (US 11973219 B2), further in view of Zaghib et al (US 20200365887 A1).
Regarding Claim 1, Claims 11-14,
Chen teaches a negative electrode for a lithium secondary battery that comprises of a current collector, a carbonaceous layer in contact with the current collector, lithium alloy strips in contact with the carbonaceous layer (Paragraph 0008). The current collector can be copper foil (Paragraph 0020). The carbonaceous layer contains carbon materials (Paragraph 0021), and binder such as polytetrafluroethylene (Paragraph 0022; polymer). The thickness of the carbonaceous layer is 0.5-5 µm (Paragraph 0021). This thickness range lies within the claimed range.
Chen teaches that the carbon particles can be selected from at least one of carbon black, carbon nanotubes, and graphene (Paragraph 0021).
Chen also teaches the use of binders and adhesives in the carbonaceous layer which can be selected from sodium carboxymethyl cellulose, styrene-butadiene rubber etc (Paragraph 0022).
Chen teaches that the slurry for the carbonaceous layer to be deposited on the current collector has 5-15% conductive carbon particles, 0.1-0.5% binder, and the remainder solvent (Paragraph 0022). The slurry is cured and dried (Paragraph 0022); which means that the solvent in the slurry evaporates to leave a mixture of carbon and binder on the collector. This would mean that the ratio between the carbon particles and binder in the layer would be such that the mass percentage of the carbon material in the carbon material coating layer overlaps with the claimed range of 90% to 99%. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form a carbon material coating layer with the given carbon mass % in order to improve adhesion of negative electrode material, improve electron conduction and battery capacity (Paragraph 0006).
Alternatively, Chae also teaches a negative electrode with a lithium metal laminate, and a buffer layer including carbonaceous material particles (Column 4, Lines 35-41). The buffer layer includes as main ingredient, a carbonaceous material; and a polymer compound as a binder polymer (Column 5, Lines 42-48). The binder polymer may be used in an amount of 1-20 wt% based on 100 parts by weight of the total particles contained in the buffer layer (Column 6, lines 42-46). This means that the content of carbon material in the carbon material coating layer could be 80-99% which overlaps with the claimed range of 90% to 99%. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the mass % in Chae’s buffer layer into the electrode of Chen in order to reduce the rate of transport/intercalation of lithium ions , and in turn solve the problem of rapid volumetric swelling during the pre-lithiation process (Column 3, Lines 40-50).
Chen teaches a lithium metal alloy formed on at least part of a surface of the carbon material coating layer, wherein lithium alloy is composed of metallic lithium and at least one of silver Ag, indium In, and zinc Zn. Chen does not teach that the mass percentage of metal element R in the lithium metal alloy is 1% to 10%.
However, Zaghib teaches lithium based alloy electrode materials used in the production of anode in lithium accumulators (Abstract). The lithium based allot includes metallic lithium, and a metallic component selected from alkali metals, alkaline earth metals, rare earth metals, zirconium Zr, copper Cu, silver Ag, manganese Mn, zinc Zn, aluminum Al, silicon Si, tin Sn, molybdenum Mo and iron Fe; and bismuth Bi, germanium Ge (Paragraph 0013, 0017). Zaghib also teaches that the metallic lithium is present at a concentration of at least 65% by weight, and the other metallic component listed above is at a concentration of 0.05 to 5% by weight (Paragraph 0017). This range overlaps with the claimed range of 1 to 10%. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the overlapping range of metallic component as shown in Zaghib into the lithium metal alloy of Chen in order to form anodes with improved conservation, rheology, electrochemical properties, grain size, lithium diffusion, obtaining a more stable passivation layer, reducing dendritic growth, an increase in melting point of the anode, or improvement of inherent safety of lithium accumulators (Paragraph 0009). Since Zaghib includes the metallic elements of Mo, Ge and Bi in the list of possible alloying metals with lithium, hence it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use each of these metal in the lithium metal alloy to achieve the benefits as stated above.
Regarding Claim 2,
Chen teaches that the carbon material in the carbonaceous layer contains at least one of carbon black, graphite, acetylene black, Ketjen black, activated carbon, graphene, carbon nanotubes (Paragraph 0021).
Regarding Claim 3,
Chen teaches that the carbonaceous layer contains tetrahydrofuran (Paragraph 0022). Tetrahydrofuran is a type of ether and hence, anticipates the claim regarding carbon material comprises oxygen containing group (i.e. ether group).
Regarding Claim 7, Claim 18-19,
Chen teaches a lithium secondary battery that includes the negative electrode, a positive electrode, an electrolyte, a separator and a casing (Paragraph 0024).
Chen teaches a negative electrode for a lithium secondary battery that comprises of a current collector, a carbonaceous layer in contact with the current collector, lithium alloy strips in contact with the carbonaceous layer (Paragraph 0008). The current collector can be copper foil (Paragraph 0020). The carbonaceous layer contains carbon materials (Paragraph 0021), and binder such as polytetrafluroethylene (Paragraph 0022; polymer). The thickness of the carbonaceous layer is 0.5-5 µm. This thickness range lies within the claimed range.
Chen teaches that the carbon particles can be selected from at least one of carbon black, carbon nanotubes, and graphene (Paragraph 0021).
Chen also teaches the use of binders and adhesives in the carbonaceous layer which can be selected from sodium carboxymethyl cellulose, styrene-butadiene rubber etc (Paragraph 0022).
Chen teaches that the slurry for the carbonaceous layer to be deposited on the current collector has 5-15% conductive carbon particles, 0.1-0.5% binder, and the remainder solvent (Paragraph 0022). The slurry is cured and dried (Paragraph 0022); which means that the solvent in the slurry evaporates to leave a mixture of carbon and binder on the collector. This would mean that the ratio between the carbon particles and binder in the layer would be such that the mass percentage of the carbon material in the carbon material coating layer overlaps with the claimed range of 90% to 99%. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form a carbon material coating layer with the given carbon mass % in order to improve adhesion of negative electrode material, improve electron conduction and battery capacity (Paragraph 0006).
Alternatively, Chae also teaches a negative electrode with a lithium metal laminate, and a buffer layer including carbonaceous material particles (Column 4, Lines 35-41). The buffer layer includes as main ingredient, a carbonaceous material; and a polymer compound as a binder polymer (Column 5, Lines 42-48). The binder polymer may be used in an amount of 1-20 wt% based on 100 parts by weight of the total particles contained in the buffer layer (Column 6, lines 42-46). This means that the content of carbon material in the carbon material coating layer could be 80-99% which overlaps with the claimed range of 90% to 99%. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the mass % in Chae’s buffer layer into the electrode of Chen in order to reduce the rate of transport/intercalation of lithium ions , and in turn solve the problem of rapid volumetric swelling during the pre-lithiation process (Column 3, Lines 40-50).
Chen teaches a lithium metal alloy formed on at least part of a surface of the carbon material coating layer, wherein lithium alloy is composed of metallic lithium and at least one of silver Ag, indium In, and zinc Zn. Chen teaches that the lithium metal alloy contains element other than lithium within 1-20% of the total mass of the lithium (Paragraph 0019). This range overlaps the claimed range of 1 to 10%.
Zaghib teaches lithium based alloy electrode materials used in the production of anode in lithium accumulators (Abstract). The lithium based allot includes metallic lithium, and a metallic component selected from alkali metals, alkaline earth metals, rare earth metals, zirconium Zr, copper Cu, silver Ag, manganese Mn, zinc Zn, aluminum Al, silicon Si, tin Sn, molybdenum Mo and iron Fe; and bismuth Bi, germanium Ge (Paragraph 0013, 0017). Zaghib also teaches that the metallic lithium is present at a concentration of at least 65% by weight, and the other metallic component listed above is at a concentration of 0.05 to 5% by weight (Paragraph 0017). This range overlaps with the claimed range of 1 to 10%. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the overlapping range of metallic component as shown in Zaghib into the lithium metal alloy of Chen in order to form anodes with improved conservation, rheology, electrochemical properties, grain size, lithium diffusion, obtaining a more stable passivation layer, reducing dendritic growth, an increase in melting point of the anode, or improvement of inherent safety of lithium accumulators (Paragraph 0009).
Chen teaches Lithium salts that are added to the electrolyte (Paragraph 0028), and in Example 1, Chen uses LiPF6 (lithium hexafluorophosphate) as the lithium salt in the electrolyte (Paragraph 0037).
Chen uses compounds such as dimethylether ethylene glycol and 1-3-dioxolane (Paragraph 0028) in the electrolyte.
Regarding Claim 10,
Chen teaches the lithium secondary battery comprising the claimed negative electrode, and further states that the motivation of the research is the use of batteries in electronic products such as smartphones, tablets, and electric vehicles (Paragraph 0004).
Regarding Claim 15, and Claim 20,
Chen teaches that the thickness of the carbonaceous layer on one side is 0.5-5 µm. Chen also teaches that the carbonaceous layer can be formed on both sides of the current collector. This would make the total thickness of the carbon layer as 1 to 10 µm. This range encompasses the claimed range of 5.5 to 10 µm. Alternatively, Chae teaches that the buffer layer which includes the carbonaceous material particles has a thickness of 2.5 to 32.5 µm (Column 3, Lines 10-15). Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form a carbon material coating layer with the overlapping thickness to the claimed range in order to reduce the rate of transport/intercalation of lithium ions , and in turn solve the problem of rapid volumetric swelling during the pre-lithiation process (Column 3, Lines 40-50).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al, in view of Chae et al, further in view of Zaghib et al, as evidenced by (2012, Dictionary of Metals. ASM International. Retrieved from https://app.knovel.com/hotlink/toc/id:kpDM00000A/dictionary-of-metals/dictionary-of-metals).
Chen does not teach that the lithium alloy is a solid solution alloy.
A solid solution is a single, solid, homogenous crystalline phase containing two or more chemical species (from “Dictionary of Metals”). Zaghib teaches processes for alloying such as extrusion, lamination that allow for chemical homogeneity (Paragraph 0064, 0065). The examples shown in Zaghib also produce a homogenous binary alloy (Paragraph 0092). Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use a solid solution alloy which is a homogenous alloy in the electrode of Chen in order to obtain a more stable passivation layer, and reduce dendritic growth (Paragraph 0009).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al, in view of Chae et al, and Zaghib et al, further in view of Nakajima et al (US 20180287120 A1).
Chen teaches that the electrolyte used was 1 mol/L LiPF6. This value lies within the claimed range of the concentration of the electrolyte.
Chen teaches the use of dimethylethylene glycol and 1-3-dioxolane, and does not particularly limit the volume ratio. Chen provides an example solvent EC/EMC volume ratio is 1:1, EC: ethylene carbonate, EMC: methyl ethyl carbonate (Paragraph 0037). But Chen does not specifically teach volume ratio of ethylene glycol dimethyl ether and the 1,3-dioxalane.
However, Nakajima teaches a non-aqueous electrolyte used in a secondary battery such that it comprises DME (1,2-dimethoxyethane or ethylene glycol dimethyl ether), and DOL (1,3-dioxolane) at a volume ratio of 50:50 (Paragraph 0165) which is 1:1. This ratio lies within the claimed ratio range of 0.5-10:1. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the electrolyte composition volume range in Nakajima into the electrolyte of Chen in order to form a suitable solvent solution for a non-aqueous electrolyte secondary battery.
Claims 3, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al, in view of Chae et al, and Zaghib et al, further in view of Lai et al (CN 110010852A; machine translation).
Regarding Claim 3,
While Claim 3 is rejected in previous section under 35 USC 102 for the first clause of the limitations, in this section it is alternatively and additionally rejected for the second clause of the limitations.
Chen teaches the use of tetrahydrofuran in the carbonaceous layer, but does not teach about the carbon material comprises an oxygen-containing group wherein a mass percentage of oxygen atoms in the carbon material is ≥ 0.1%.
However, Lai teaches a lithium metal anode comprising a heteroatomic doped carbon layer on the current collector (Paragraph 0009). This heteroatomic doped carbon layer comprises oxygen atoms (Paragraph 0010) and the doping amount is 0.1% to 4 atom % (Paragraph 0023). This range overlaps with the claimed range. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to utilize the range of Lai to provide a carbon material that is oxygen-containing in order to improve the wettability of porous carbon with organic electrolyte and lithium metal, and enhance cycle stability (Paragraph 0023).
Regarding Claim 9,
Chen does not specifically teach the addition of additives as claimed in the electrolyte.
However, Lai teaches the presence of 1% wt of LiNO3 (lithium nitrate) in the electrolyte (Paragraph 0064). Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use such an additive in the electrolyte in order to improve the cycle stability of the anode, and the stability under high current density (Paragraph 0012).
Claims 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al, in view of Chae et al, Zaghib et al and Lai et al, further in view of Rubino et al (US 20210359343 A1).
Chen teaches that the electrolyte to be used in the secondary battery may include esters, ethers, polymer electrolytes, ionic liquids, solid electrolytes etc. Chen does not specifically teach the use of additive selected from trioxymethylene, dioxane, lithium fluorosulfonate, and fluoroethylene carbonate, and at a mass percentage of 2% to 10% additive in the electrolyte.
However, Rubino teaches an electrochemical cell with a nonaqueous electrolyte that includes FEC (fluoroethylene carbonate) in an amount ranging from about 0.0.1 to 10 wt % (Abstract). This amount overlaps with the claimed range. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the additives such as FEC in the amount claimed in order to form an electrolyte system that is more conductive than conventional binary and ternary solvent electrolytes (Paragraph 0015).
References of Interest
Utsugi et al (WO 03073535A1)
Han et al (US 20200365892 A1)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 7, 8 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Additional prior art of Chae et al and Zaghib et al has been referred to in this office action to support the rejection of Claim 1 and Claim 7 – refer to above section.
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.
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/SUHANI JITENDRA PATEL/Examiner, Art Unit 1783
/TRAVIS M FIGG/Primary Examiner, Art Unit 1783
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