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 .
Claim Objections
Claims 10-12 are objected to because of the following informalities: "a metal salts" is grammatically incorrect. Appropriate correction is required.
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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “negatively charged metal salts” in claims 10-12 is used by the claim to mean “metal salts,” while the accepted meaning is “metal salts with a net negative charge." No charge is indicated in the definition "metal salts" which contradicts the plain meaning of the term "negatively charged". The term is indefinite because the specification does not clearly redefine the term. For example, the “metal salt” in claim 16, which is dependent on claim 10, lists only neutral salts as options for the metal salt. The examiner will interpret the claims 13-15, which depend on these indefinite claims 10-12, to mean any salt comprising lithium, sodium, zinc, magnesium, or aluminum.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 13, and 18 of copending Application No. 19/069,760. Although the claims at issue are not identical, they are not patentably distinct from each other because the applicant rearranged the limitations, reworded the limitations, and placed some of specifics of the limitations in the specification that would be prudent to use to interpret the claims.
This is a provisional nonstatutory double patenting rejection.
See the table below, which has been constructed for clarity of comparison and explanation of each rejection.
Instant Application
U.S. Patent Application No. 19,069,760
Claim 1. A method of preventing corrosion of a battery current collector, comprising the steps of: providing an electrochemical battery comprising at least an anode, a cathode, and an electrolyte between the anode and the cathode; wherein: the cathode comprises a metal current collector, the electrolyte comprises a metal chelator, a negatively charged metal salt, and a solvent; performing at least one charge/discharge cycle on the electrochemical battery; and the metal chelator in the electrolyte is chelated with the metal ions of the metal current collector, or the metal chelator in the electrolyte is chelated with both the metal ions of the metal current collector and the negative charge of the negatively charged metal salt, to form an anti-corrosion layer on the metal current collector.
1. A method for enhancing the durability of an electrochemical device, comprising the steps of: Step S1: providing an electrochemical device, which includes at least a cathode, an anode, and a separator disposed there between, enclosed an electrolyte is disposed between the cathode and the anode, and the electrolyte comprises an electrolyte additive and the cathode comprises a cathode material; the cathode material and/or the electrolyte additive comprises a to react with the transition metal in the cathode material to form a
Applicant broadened one of the additives, “a metal chelator”, from “dihydrogen phthalocyanine compound and/or a metal phthalocyanine compound capable of chelating metal ions”, however these are not patentably distinct because phthalocyanine is a metal chelator. Applicant also further defined what is in the electrolyte in the instant, however, components like a negatively charged metal salt and a solvent that are excluded from the claims of the co-pending application have potential embodiments included in Table 1 of its specification. These include LiFSI, which is a negatively charged metal salt, and DME/TTE are the possible solvents. This makes these claims not patentably distinct.
2. The method of preventing corrosion of a battery current collector according to claim 1, wherein: the metal current collector of the cathode comprises a copper foil, an aluminum foil, a nickel foil, an indium foil, a stainless steel sheet, or a titanium sheet.
18. The method for enhancing the durability of an electrochemical device as claimed in claim 1, wherein the cathode a current collector, which includes aluminum foil, nickel foil, titanium foil,
Applicant specifies only the cathode current collector, which broadens what material comprises the anode current collector. Applicant’s claimed materials overlap with U.S. Patent Application No. 19,069,760 for the options of aluminum foil, nickel foil, and titanium sheet. Additionally, the word “comprises” is open ended, which allows for those materials excluded from the instant and/or co-pending application to be included in the list. This makes these limitations not patentably distinct from each other.
3. The method of preventing corrosion of a battery current collector according to claim 1, wherein: the electrochemical battery comprises a lithium battery, a zinc battery, a sodium battery, a magnesium battery, potassium battery, calcium battery, or an aluminum battery with organic electrolyte or aqueous electrolyte.
1. A method for enhancing the durability of an electrochemical device, comprising the steps of: Step S1: providing an electrochemical device,
While the electrochemical device of the co-pending application is not defined as being a battery in the claims, the specification lists a potential embodiment in Table 1 which is a lithium battery with a DME/TTE electrolyte. The instant application’s claim 3 can include this same battery, which is also able to be claimed by claim 1 of the co-pending application, making these claims not patentably distinct.
4. The method of preventing corrosion of a battery current collector according to claim 1, wherein: the metal chelator in the electrolyte is a negatively charged metal chelator.
13. The method for enhancing the durability of an electrochemical device as claimed in claim 9, wherein the metal phthalocyanine compound
Claim 4 of the instant is a more general version of Claim 13 of the co-pending application. Phthalocyanine is defined in the specification of the instant to have a “negative charge” which enables its adsorption effect on the metals. The examiner interprets this to mean that the metal phthalocyanine compounds were formed using this adsorption effect. This means that the phthalocyanine is also a negatively charged metal chelator in claim 13, even if the metal phthalocyanine possesses a neutral charge once formed. This makes these claims not patentably distinct.
5. The method of preventing corrosion of a battery current collector according to claim 2, wherein: the metal chelator in the electrolyte is a negatively charged metal chelator.
13. The method for enhancing the durability of an electrochemical device as claimed in claim 9, wherein the metal phthalocyanine compound
Claim 5 of the instant is a more general version of Claim 13 of the co-pending application. Phthalocyanine is defined in the specification of the instant to have a “negative charge” which enables its adsorption effect on the metals. The examiner interprets this to mean that the metal phthalocyanine compounds were formed using this adsorption effect. This means that the phthalocyanine is also a negatively charged metal chelator in claim 13, even if the metal phthalocyanine possesses a neutral charge once formed. This makes these claims not patentably distinct.
6. The method of preventing corrosion of a battery current collector according to claim 2, wherein: the metal chelator in the electrolyte is a negatively charged metal chelator.
13. The method for enhancing the durability of an electrochemical device as claimed in claim 9, wherein the metal phthalocyanine compound
Claim 6 of the instant is a more general version of Claim 13 of the co-pending application. Phthalocyanine is defined in the specification of the instant to have a “negative charge” which enables its adsorption effect on the metals. The examiner interprets this to mean that the metal phthalocyanine compounds were formed using this adsorption effect. This means that the phthalocyanine is also a negatively charged metal chelator in claim 13, even if the metal phthalocyanine possesses a neutral charge once formed. This makes these claims not patentably distinct.
7. The method of preventing corrosion of a battery current collector according to claim 4, wherein: the metal chelator comprises Phthalocyanine.
13. The method for enhancing the durability of an electrochemical device as claimed in claim 9, wherein the phthalocyanine compound comprises
The metal chelator comprising phthalocyanine claimed in claim 7 of the instant is not patentably distinct from the claim 13 of the co-pending application because “comprising” is an open-ended word; this means that, while the phthalocyanine is not explicitly a metal phthalocyanine, metal phthalocyanines are included in the claimed material due to the broadness of the claim.
8. The method of preventing corrosion of a battery current collector according to claim 4, wherein: the metal chelator comprises Phthalocyanine.
13. The method for enhancing the durability of an electrochemical device as claimed in claim 9, wherein the phthalocyanine compound comprises
The metal chelator comprising phthalocyanine claimed in claim 8 of the instant is not patentably distinct from the claim 13 of the co-pending application because “comprising” is an open-ended word; this means that, while the phthalocyanine is not explicitly a metal phthalocyanine, metal phthalocyanines are included in the claimed material due to the broadness of the claim.
9. The method of preventing corrosion of a battery current collector according to claim 4, wherein: the metal chelator comprises Phthalocyanine.
13. The method for enhancing the durability of an electrochemical device as claimed in claim 9, wherein the phthalocyanine compound comprises
The metal chelator comprising phthalocyanine claimed in claim 9 of the instant is not patentably distinct from the claim 13 of the co-pending application because “comprising” is an open-ended word; this means that, while the phthalocyanine is not explicitly a metal phthalocyanine, metal phthalocyanines are included in the claimed material due to the broadness of the claim.
10. The method of preventing corrosion of a battery current collector according to claim 1, wherein: the negatively charged metal salt comprises a metal salts containing Arsenic, Chlorine, Fluorine, Bromine, Iodine, Antimony, Selenium, Phosphorus, Sulfur, Nitrogen, Boron, Oxygen, and/or Carbon.
1. A method for enhancing the durability of an electrochemical device, comprising the steps of: Step S1: providing an electrochemical device, which includes at least a cathode, an anode, and a separator disposed therebetween, enclosed within an electrochemical device casing or packaging; wherein an electrolyte is disposed between the cathode and the anode, and the electrolyte comprises an electrolyte additive
11. The method of preventing corrosion of a battery current collector according to claim 2, wherein: the negatively charged metal salt comprises a metal salts containing Arsenic, Chlorine, Fluorine, Bromine, Iodine, Antimony, Selenium, Phosphorus, Sulfur, Nitrogen, Boron, Oxygen, and/or Carbon.
12. The method of preventing corrosion of a battery current collector according to claim 3, wherein: the negatively charged metal salt comprises a metal salts containing Arsenic, Chlorine, Fluorine, Phosphorus, Sulfur, Nitrogen, Boron, Oxygen, and/or Carbon.
While the co-pending application does not define if the electrolyte comprises metal salts containing arsenic, chlorine, fluorine, phosphorus, sulfur, nitrogen, boron, oxygen, and/or carbon in the claims, the specification lists a potential embodiment which includes LiFSI in Table 1. LiFSI contains fluorine, sulfur, nitrogen, and oxygen. The word “comprises” in the co-pending application is open ended language, meaning the electrolyte claimed may contain LiFSI, which is further evidenced by the specification as explained above, which means that these claims are not patentably distinct.
13. The method of preventing corrosion of a battery current collector according to claim 10, wherein: the metal salt comprises Lithium, Sodium, Zinc, Magnesium, or Aluminum Salts.
1. A method for enhancing the durability of an electrochemical device, comprising the steps of: Step S1: providing an electrochemical device, which includes at least a cathode, an anode, and a separator disposed therebetween, enclosed within an electrochemical device casing or packaging; wherein an electrolyte is disposed between the cathode and the anode, and the electrolyte comprises an electrolyte additive
14. The method of preventing corrosion of a battery current collector according to claim 11, wherein: the metal salt comprises Lithium, Sodium, Zinc, Magnesium, or Aluminum Salts.
15. The method of preventing corrosion of a battery current collector according to claim 12, wherein: the metal salt comprises Lithium, Sodium, Zinc, Magnesium, or Aluminum Salts.
While the co-pending application does not define if the electrolyte comprises metal salts containing lithium, sodium, zinc, magnesium, or aluminum salts in the claims, the specification lists a potential embodiment which includes LiFSI in Table 1. LiFSI contains lithium. The word “comprises” in the co-pending application is open ended language, meaning the electrolyte claimed may contain LiFSI, which is further evidenced by the specification as explained above, which means that these claims are not patentably distinct.
16. The method of preventing corrosion of a battery current collector according to claim 10, wherein: the metal salt comprises Lithium bis(Trifluoromethanesulphonate)imide, Lithium Tetrafluoroborate, Lithium Hexafluoroarsenate, Lithium Hexafluorophosphate, Lithium Tetrafluoroborate, Lithium Bisfluorosulfonimide, Hexafluorophosphate, Perchlorate, Tetrafluoroborate, Tris(pentafluoroethyl)trifluorophosphate, Trifluoromethanesulfonate (Triflate), Bis(fluorosulfonyl)imide, Cyclodifluoromethane-1,1-bis(sulfonyl)imide, Cyclo-hexafluoropropane-1,1-bis(sulfonyl)imide, Bis(trifluoromethanesulfonyl)imide, Bis(perfluoroethanesulfonyl)imide, Bis(oxalate) borate, Difluoro(oxalato)borate, Bis(fluoromalonato)borate, Tetracyanoborate, Dicyanotriazolate, Dicyano-trifluoromethyl-imidazole, or Dicyano-pentafluoroethyl-imidazole.
1. A method for enhancing the durability of an electrochemical device, comprising the steps of: Step S1: providing an electrochemical device, which includes at least a cathode, an anode, and a separator disposed therebetween, enclosed within an electrochemical device casing or packaging; wherein an electrolyte is disposed between the cathode and the anode, and the electrolyte comprises an electrolyte additive
17. The method of preventing corrosion of a battery current collector according to claim 11, wherein: the metal salt comprises Lithium bis(Trifluoromethanesulphonate)imide, Lithium Tetrafluoroborate, Lithium Hexafluoroarsenate, Lithium Hexafluorophosphate, Lithium Tetrafluoroborate, Lithium Bisfluorosulfonimide, Hexafluorophosphate, Perchlorate, Tetrafluoroborate, Tris(pentafluoroethyl)trifluorophosphate, Trifluoromethanesulfonate (Triflate), Bis(fluorosulfonyl)imide, Cyclodifluoromethane-1,1-bis(sulfonyl)imide, Cyclo-hexafluoropropane-1,1-bis(sulfonyl)imide, Bis(trifluoromethanesulfonyl)imide, Bis(perfluoroethanesulfonyl)imide, Bis(oxalate) borate, Difluoro(oxalato)borate, Bis(fluoromalonato)borate, Tetracyanoborate, Dicyanotriazolate, Dicyano-trifluoromethyl-imidazole, or Dicyano-pentafluoroethyl-imidazole.
18. The method of preventing corrosion of a battery current collector according to claim 12, wherein: the metal salt comprises Lithium bis(Trifluoromethanesulphonate)imide, Lithium Tetrafluoroborate, Lithium Hexafluoroarsenate, Lithium Hexafluorophosphate, Lithium Tetrafluoroborate, Lithium Bisfluorosulfonimide, Hexafluorophosphate, Perchlorate, Tetrafluoroborate, Tris(pentafluoroethyl)trifluorophosphate, Trifluoromethanesulfonate (Triflate), Bis(fluorosulfonyl)imide, Cyclodifluoromethane-1,1-bis(sulfonyl)imide, Cyclo-hexafluoropropane-1,1-bis(sulfonyl)imide, Bis(trifluoromethanesulfonyl)imide, Bis(perfluoroethanesulfonyl)imide, Bis(oxalate) borate, Difluoro(oxalato)borate, Bis(fluoromalonato)borate, Tetracyanoborate, Dicyanotriazolate, Dicyano-trifluoromethyl-imidazole, or Dicyano-pentafluoroethyl-imidazole.
While the co-pending application does not define if the electrolyte comprises metal salts containing the exact salts listed in the instant’s claims 16-18, the specification lists a potential embodiment which includes LiFSI in Table 1. LiFSI is listed in claims 16-18 of the instant, as shown in bold above. The word “comprises” in the co-pending application is open ended language, meaning the electrolyte claimed may contain LiFSI, which is further evidenced by the specification as explained above, which means that these claims are not patentably distinct.
19. An anti-corrosion layer for the battery current collector, which is obtained by using the method of preventing corrosion of a battery current collector as described in any of claim 1.
3. The method for enhancing the durability of an electrochemical device as claimed in claim 1, wherein the cathode forms a beneficial cathodic electrolyte interface.
The “battery current collector” of claim 19 of the instant is defined in claim 1 of the instant, the only independent claim, as being the cathode current collector. The “anti-corrosion layer” and the “beneficial cathodic electrolyte interface” are not patentably distinct because they both reduce the corrosion of the current collector.
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.
Claims 1-6, 10-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Journal of Power Sources, Dec. 1 2022, Volume 550, Teshager Mekonnen Tekaligne et. Al.
Regarding claim 1, Teshager Mekonnen Tekaligne Et. al. teaches a method of preventing corrosion of a battery current collector (Abstract), comprising the steps of:
providing an electrochemical battery (2.3.2 Performance Test) comprising at least an anode (2.3.2 Performance Test), a cathode (2.3.2 Performance Test), and an electrolyte between the anode and the cathode (2.3.2 Performance Test);
wherein: the cathode comprises a metal current collector (2.2 Surface Characterization), the electrolyte comprises a metal chelator (2.3.2 Performance Test), a negatively charged metal salt (2.3.2 Performance Test), and a solvent (2.1 Materials Preparation);
performing at least one charge/discharge cycle on the electrochemical battery (3.4 Electrochemical Performance Test);
and the metal chelator in the electrolyte is chelated with the metal ions of the metal current collector (3.4 Performance Test, Column 2 Paragraph 1) or the metal chelator in the electrolyte is chelated with both the metal ions of the metal current collector and the negative charge of the negatively charged metal salt (Figure 2), to form an anti-corrosion layer on the metal current collector.
Regarding claim 2, Teshager Mekonnen Tekaligne Et. al. teaches the metal current collector of the cathode comprises an aluminum foil, (2.3.2 Performance Test).
Regarding claim 3, Teshager Mekonnen Tekaligne Et. al. teaches the electrochemical battery comprises a lithium battery (2.3.2 Performance Test).
Regarding claims 4-6, Teshager Mekonnen Tekaligne Et. al. teaches the metal chelator in the electrolyte is a negatively charged metal chelator (Scheme 2).
Regarding claims 10-12, Teshager Mekonnen Tekaligne Et. al. teaches the negatively charged metal salt comprises a metal salts containing Sulfur, Nitrogen, Oxygen, and Carbon (2.3.2 Performance Test).
Regarding claims 13-15, Teshager Mekonnen Tekaligne Et. al. teaches the metal salt comprises Lithium or Zinc Salts (2.3.2 Performance Test).
Regarding claims 16-18, Teshager Mekonnen Tekaligne Et. al. teaches the metal salt comprises Lithium bis(Trifluoromethanesulphonate)imide (2.3.2 Performance Test).
Regarding claim 19, Teshager Mekonnen Tekaligne Et. al. teaches an anti-corrosion layer for the battery current collector (Abstract). The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
The rejections listed above cite prior art that was published within the one year grace period defined in 35 U.S.C. 102(b)(1)(A) (Teshager Mekonnen Tekaligne Et. al.), but list authors that are not also listed as inventors on the application, meaning that no exception applies. In the case that this rejection may be overcome by means of a declaration amending the list of inventors, and in the interest of compact prosecution, the following alternate rejections have been prepared.
Claims 1-6, 10-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bull. Korean Chem. Soc. 2013, Vol. 34, No. 6, Hamenu Louis Et. al. with a supporting reference in PG Pub 2006/0286476 A1, 2006, Vanbesien Et. al.
Regarding claim 1, Hamenu Louis Et. al. teaches a method of preventing corrosion of a battery current collector (Abstract), comprising the steps of:
providing an electrochemical battery (Experimental, Paragraph 3) comprising at least an anode (Experimental, Paragraph 1), a cathode (Experimental, Paragraph 1), and an electrolyte between the anode and the cathode (Experimental, Paragraph 1);
wherein: the cathode comprises a metal current collector (Experimental Paragraph 1), the electrolyte comprises a metal chelator (Abstract, with support from Vanbesien Et. al, Example 15 “It should be noted here however that with the incorporation of colloidal silica as in the case of EA GW-T9, this results in aluminum being sequestered from the toner, and thus removing aluminum (…)”), a negatively charged metal salt (Experimental, Paragraph 1), and a solvent (Experimental, Paragraph 1);
performing at least one charge/discharge cycle on the electrochemical battery (Figure 2);
and the metal chelator in the electrolyte is chelated with the metal ions of the metal current collector (Results and Discussion, Paragraph 2 with support from Vanbesien Et. al, Example 15) or the metal chelator in the electrolyte is chelated with both the metal ions of the metal current collector and the negative charge of the negatively charged metal salt (Results and Discussion, Paragraph 2 with support from Vanbesien Et. al, Example 15), to form an anti-corrosion layer on the metal current collector (Results and Discussion, Paragraph 2 with support from Vanbesien Et. al, Example 15).
Regarding claim 2, in Hamenu Louis Et. al. teaches that the metal current collector of the cathode comprises an aluminum foil (Experimental, Paragraph 1).
Regarding claim 3, Hamenu Louis Et. al. teaches that the electrochemical battery comprises a lithium battery (Experimental, Paragraph 3).
Regarding claims 4-6, Hamenu Louis Et. al. teaches that the metal chelator in the electrolyte is a negatively charged metal chelator (Experimental, Paragraph 1 with support from Vanbesien Et. al, Example 15).
Regarding claims 10-12, Hamenu Louis Et. al. teaches that the negatively charged metal salt comprises a metal salt containing Fluorine, Sulfur, Nitrogen, Oxygen, and Carbon (Experimental, Paragraph 1).
Regarding claims 13-15, Hamenu Louis Et. al. teaches that the metal salt comprises Lithium or Aluminum Salts (Experimental, Paragraph 1).
Regarding claims 16-18, Hamenu Louis Et. al. teaches that the metal salt comprises Lithium bis(Trifluoromethanesulphonate)imide (Experimental, Paragraph 1).
Regarding claim 19, Hamenu Louis Et. al. teaches an anti-corrosion layer for the battery current collector (Abstract). The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Claim Rejections - 35 USC § 103
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 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Teshager Mekonnen Tekaligne Et. al. in view of Scientific Reports, 2021, 12371, M. A. Deyab Et. al.
Regarding claim 7, Teshager Mekonnen Tekaligne Et. al. teaches a method of preventing corrosion of a battery current collector (Abstract) with a negatively charged metal chelator in the electrolyte (2.3.2 Performance Test).
Regarding claim 8, Teshager Mekonnen Tekaligne Et. al. teaches a method of preventing corrosion of a battery current collector (Abstract) with a negatively charged metal chelator in the electrolyte (2.3.2 Performance Test).
Regarding claim 9, Teshager Mekonnen Tekaligne Et. al. teaches a method of preventing corrosion of a battery current collector (Abstract) with a negatively charged metal chelator in the electrolyte (2.3.2 Performance Test).
Regarding claims 7-9, Teshager Mekonnen Tekaligne Et. al. does not teach that the metal chelator comprises Phthalocyanine.
Deyab Et. al. teaches that phthalocyanine can act as a negatively charged metal chelator to form an anti-corrosion layer in a battery comprising an aluminum current collector with an electrolyte comprising LiTFSI (“Mechanism of action of PANI@NI-Pc Composites” section).
In the context of batteries, 5-formyl-8-hydroxyquinoline and phthalocyanine both can act as negatively charged metal chelators that protect aluminum current collectors, as described in the above references. This means that the replacement of one for the other, and vice versa, would produce the predictable result of creating an anti-corrosion layer that protects the aluminum current collector. One of ordinary skill in the art prior to the filing date would have found it obvious to replace the 5-formyl-8-hydroxyquinoline in the system of Teshager Mekonnen Tekaligne Et. al. with the phthalocyanine of Deyab Et. al. as they are equivalent components.
The rejections listed above cite art that was published within the one year grace period defined in 35 U.S.C. 102(b)(1)(A) (Teshager Mekonnen Tekaligne Et. al.), but list authors that are not listed as inventors on the application, meaning that no exception applies. In the case that this rejection may be overcome by means of a declaration amending the list of inventors, and in the interest of compact prosecution, the following alternate rejections have been prepared.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hamenu Louis Et. al. in view of Scientific Reports, 2021, 12371, M. A. Deyab Et. al.
Regarding claim 7, Hamenu Louis Et. al. teaches a method of preventing corrosion of a battery current collector (Paragraph 1), with a metal chelator in the electrolyte (Abstract, with support from Vanbesien Et. al, Example 15 “It should be noted here however that with the incorporation of colloidal silica as in the case of EA GW-T9, this results in aluminum being sequestered from the toner, and thus removing aluminum (…)”).
Regarding claim 8, Hamenu Louis Et. al. teaches a method of preventing corrosion of a battery current collector (Paragraph 1), with a metal chelator in the electrolyte (Abstract, with support from Vanbesien Et. al, Example 15 “It should be noted here however that with the incorporation of colloidal silica as in the case of EA GW-T9, this results in aluminum being sequestered from the toner, and thus removing aluminum (…)”).
Regarding claim 9, Hamenu Louis Et. al. teaches a method of preventing corrosion of a battery current collector (Paragraph 1), with a metal chelator in the electrolyte (Abstract, with support from Vanbesien Et. al, Example 15 “It should be noted here however that with the incorporation of colloidal silica as in the case of EA GW-T9, this results in aluminum being sequestered from the toner, and thus removing aluminum (…)”).
Regarding Claims 7-9, Hamenu Louis Et. al. does not teach that phthalocyanine is the negatively charged metal chelator.
Deyab Et. al. teaches that phthalocyanine can act as a negatively charged metal chelator to form an anti-corrosion layer in a battery comprising an aluminum current collector with an electrolyte comprising LiTFSI (“Mechanism of action of PANI@NI-Pc Composites” section).
In the context of batteries, fumed silica and phthalocyanine both can act as negatively charged metal chelators that protect aluminum current collectors, as described in the above references. This means that the replacement of one for the other, and vice versa, would produce the predictable result of creating an anti-corrosion layer that protects the aluminum current collector. One of ordinary skill in the art prior to the filing date would have found it obvious to replace the fumed silica in the method of Hamenu Louis Et. al. with the phthalocyanine of Deyab Et. al. as they are equivalent components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 4037032, US Patent Publication No. 20230064065-A1, US Patent Publication No. US-20090239152-A1.
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/L.J.I./Examiner, Art Unit 1721 /LOUISE JAMES IANNUCCI/Examiner, Art Unit 1721
/SADIE WHITE/Primary Examiner, Art Unit 1721