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 Rejections - 35 USC § 102
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiao et al. (Jiao, H. et al., “Cu-Al Composite as the negative electrode for long-life al-Ion Batteries”. Journal of The Electrochemical Society, 166(15), 18 October 2019).
Regarding claim 1, Jiao discloses a negative electrode structure applied to an aluminum battery (Abstract), comprising: a first metal layer, having a first reduction ability; and a second metal layer, having a second reduction ability, wherein the second metal layer is disposed on the first metal layer (pages A3539-A3540, Cu layer corresponding to first metal layer with Al plating corresponding to second metal layer), and the first reduction ability is higher than the second reduction ability, such that the second metal layer is corroded and dissolved in the aluminum battery (page A3540, Al foil demonstrates lower reduction ability and corrosion resistance, and is the active material that is plated/stripped during charge/discharge).
Regarding claim 2, Jiao discloses the limitations of claim 1. Jiao further discloses that a reaction potential of the first metal layer in a chloroaluminate ionic liquid is at least 0.5 volts higher than an oxidation potential of the second metal layer (page A3540, Results and Discussion, figure 2a, foils are observed in AlCl3-[EMIm]Cl system, Al exhibits a potential of approximately 0.8V compared to 0V for Al, falling within the claimed range).
Regarding claim 3, Jiao discloses the limitations of claim 1. Jiao further discloses that an oxidation potential range of the first metal layer in a chloroaluminate ionic liquid is between 0.5 volts and 1 volt (page A3540, Results and Discussion, figure 2a, Cu exhibits an oxidation onset potential of approximately 0.8V in the AlCl3-[EMIm]Cl system, within the claimed range).
Regarding claim 4, Jiao discloses the limitations of claim 1. Jiao further discloses that an oxidation potential range of the first metal layer in a chloroaluminate ionic liquid is between -0.1 volts and 0.1 volts (page A3540, Results and Discussion, figure 2a, Al exhibits an oxidation onset potential of 0V in the AlCl3-[EMIm]Cl system).
Regarding claim 5, Jiao discloses the limitations of claim 1. Jiao further discloses that the first metal layer comprises copper (pages A3539-A3540, Cu layer corresponding to first metal layer).
Regarding claim 6, Jiao discloses the limitations of claim 1. Jiao further discloses that the second metal layer comprises aluminum (pages A3539-A3540, Al plated layer on the Cu foil, corresponding to second metal layer).
Regarding claim 7, Jiao discloses the limitations of claim 1. Jiao further discloses that a thickness range of the first metal layer is between 10 µm and 100 µm (page A3539, Materials and Methods, the copper foil, corresponding to the first metal layer is 10 µm thick, within the claimed range (see present specification paragraph 0023 definition of the term “between”)).
Regarding claim 8, Jiao discloses the limitations of claim 1. Jiao further discloses that a thickness range of the second metal layer is between 0.5 µm and 50 µm (page A3540, Results and Discussion, aluminum plating layer, corresponding to the second metal layer, is 5 µm, within the claimed range).
Regarding claim 9, Jiao discloses the limitations of claim 1. Jiao further discloses that the first metal layer is in direct contact with the second metal layer (pages A3540-A3541, figure 4b, Al layer is plated on the Cu foil).
Regarding claim 10, Jiao discloses the limitations of claim 1. Jiao does not explicitly disclose that electron migration occurs on a contact surface between the first metal layer and the second metal layer.
However, it is deemed that the electron migration on a contact surface between the first metal layer and the second metal layer is an inherent characteristic and/or property of the specifically disclosed positive active material. In this respect, MPEP 2112 sets forth the following:
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
“Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
In this case, Jiao discloses a substantially identical electrode to the claimed configuration (pages A3539-A3541) including an Al layer plated on a Cu foil, and anticipates the claimed potentials of the claimed invention. Furthermore, as Jiao discloses the structure of a metal with a lower reduction ability in contact with a metal with a higher reduction ability (see claim 1 rejection), the electron migration must necessarily take place at a contact surface of the two layers. Additionally, the present specification recites this characteristic as a consequence of the reduction abilities of the stacked metal layers, leading to corrosion and dissolution of the second metal layer (present specification paragraph 0025). Jiao discloses the claimed metal layers with the claimed difference in reduction abilities and further discloses that the second metal layer is corroded and dissolved in the aluminum battery (page A3540, Al foil demonstrates lower reduction ability and corrosion resistance, and is the active material that is plated/stripped during charge/discharge), therefore anticipating the inherent characteristic of the electrode.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lin et al. (US 20200212476 A1) is cites as being of interest for disclosing an aluminum-ion battery comprising a negative electrode formed by a current collector and an active material which may be nickel and aluminum metal layers, respectively, wherein the current collector has low redox activity in comparison to the active material layer (Lin paragraphs 0011-0012, 0026-0028, figure 1).
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/B.T.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727