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 .
Summary
Applicant’s arguments and claim amendments submitted August 12th, 2026 have been entered into the file. Currently, claims 11-19 are withdrawn, claims 4-5 are cancelled, and claims 1, 6, and 20 are amended, resulting in claims 1-10 and 20 pending for examination.
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.
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.
Claims 1-10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US20230163277A1) and further in view of Sayed (Sayed Youssef Sayed, W. Peter Kalisvaart, Brian C. Olsen, Erik J. Luber, Hezhen Xie, and Jillian M. Buriak. Alternating Silicon and Carbon Multilayer-Structured Anodes Suppress Formation of the c-Li3.75Si Phase. Chemistry of Materials. 2019. 31 (17), 6578-6589, doi: 10.1021/acs.chemmater.9b00389).
Regarding claim 1, Jeong teaches:
An anode for a rechargeable battery cell (claim 1), comprising: an electrode substrate (anode current collector 125 acts as the current collector and electrode substrate, Fig. 1, [0030]);
a current collector fixed to the electrode substrate (anode current collector 125 acts as the current collector and electrode substrate, Fig. 1; [0030] and [0034]);
Jeong further discloses that the current collector includes copper (anode current collector 125 may include copper, preferably copper or a copper alloy, [0030]).
Jeong does not explicitly disclose that the copper current collector is in the specific form of a foil.
Sayed teaches standard battery assembly and electrode preparation techniques. Specifically, Sayed discloses utilizing copper foils (e.g., 15 mm diameter, 1.9 cm² area) as the base substrate for depositing anode active materials (such as sputtered silicon/carbon films) in battery cells (pg. 6579, col. 2, “Electrode Preparation and Battery Assembly” section, lines 1-10).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to construct the copper current collector of Jeong from a copper foil, as taught by Sayed. A PHOSITA would have been motivated to utilize a copper foil because thin foils represent an industry-standard design form for battery current collectors that minimizes dead weight and volume, thereby maximizing the gravimetric energy capacity (gravimetric capacity; pg. 6579, col. 2, “Electrode Preparation and Battery Assembly” section, lines 7-10) of the battery cell. Furthermore, the substitution or configuration of a known material (copper) into a standard substrate geometry (foil) for the predictable purpose of providing a thin, lightweight conductive backing involves nothing more than the predictable use of prior art elements according to their established functions. Jeong further discloses:
an active layer arranged on the current collector and having discrete first material sections and at least one second material section arranged in an alternating pattern (anode active material layer 120 includes a first anode active material layer 122 and a second anode active material layer 124; Fig 1; [0031]-[0033]); wherein:
each material section is aligned parallel to the current collector (active material layers 120 are aligned parallel to current collector 125; Figs. 1 and 3);
and the active layer is configured to intercalate transient ions during charging of the battery cell and de-intercalate the transient ions during discharging of the battery cell.
Regarding the limitation "the active layer is configured to intercalate transient ions during charging of the battery cell and de-intercalate the transient ions during discharging of the battery cell," Jeong inherently discloses this feature; Jeong teaches an anode active material layer that promotes "lithiation" (which is the insertion of lithium ions) (Jeong, [0045] lines 9-12). By teaching an anode that comprises silicon-based active material layers and undergoes lithiation, Jeong necessarily utilizes an anode active layer that stores lithium ions during charging and releases/relinquishes them during discharging. In lithium-ion battery technology, the fundamental mechanism of "lithiation" inherently requires the intercalation and de-intercalation of lithium ions in the interstices or structure of the host material. Because Applicant's "transient, e.g., lithium, ions" (Applicant, [0031] lines 8-14) function in the exact same electrochemical manner as the lithium ions disclosed in Jeong, this capability is the result of utilizing the silicon-inclusive anode layers taught by Jeong. Therefore, the anode active material layer of Jeong is configured to perform the claimed intercalating and de-intercalating steps.
Modified Jeong (as modified by Sayed above to comprise a current collector constructed from copper foil) further teaches the anode wherein one of the first material sections is positioned adjacent and in direct contact with the current collector, which is a copper foil as a result of the modification above (claim 11; the first anode active material layer 122 may be directly formed on the surface of the anode current collector 125, [0036]; Fig. 1, first anode active material layer 122 is adjacent to current collector 125).
Further, Jeong teaches the anode active material layer may have a multi-layered structure (e.g., a double-layered structure) including a plurality of anode active material layers ([0031], Fig. 3).
However, Jeong does not explicitly teach the anode active layer includes multiple first material sections and one or more second material sections arranged in the alternating pattern such that each second material section is arranged between and in contact with two first material sections.
Sayed further teaches an anode for a Li-ion battery wherein the active layer comprises thin films of carbon and silicon deposited as co-sputtered or thin sequential multilayers on the current collector, resulting in a multilayer architecture of alternating carbon and silicon interlayers (pg. 6586, column 2, “Conclusions” section, lines 7-10; Fig. 4). In particular, Sayed teaches “Sandwich-Like Film” (Fig. 4) wherein a second material section (silicon/Si) is arranged between and in contact with two first material sections (carbon/C). While the 'Sandwich-Like Film' depicts only one Si section, Sayed also discloses a “Multilayer Film” configuration (Fig. 4) that utilizes multiple alternating layers of C and Si. Although Sayed does not explicitly show the layered sequence 'Cu-C-Si-C-Si-C…' it would have been obvious to a person of ordinary skill in the art to modify the disclosed “Multilayer Film” configuration (Cu-Si-C-Si-C-Si-C) by inserting a carbon (C) layer between the copper (Cu) current collector and the first silicon (Si) layer, as shown in the “Sandwich-like” configuration where the first C layer serves as an interlayer between the Cu collector and the active Si material. A person of ordinary skill in the art would be motivated to make this modification because Sayed teaches that alternating carbon/silicon multilayer architectures reduce irreversible capacity loss during cycling (pg. 6586, column 2, “Conclusions” section, lines 11-14) and that carbon interlayers improve the de-lithiation kinetics of silicon anodes (pg. 6586, column 2, paragraph 2, lines 16-19).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the anode structure of Jeong to include the alternating structure configuration (i.e. Cu-C-Si-C-Si-C…) as collectively taught by Sayed to achieve an anode wherein the active layer comprises a plurality of first material sections (i.e. the C layers) and a plurality of second material sections (i.e. the Si layers) arranged in an alternating pattern, and wherein each second material section is arranged between and in contact with two first material sections, as claimed. Such modification would have resulted in the predictable use of known elements to yield the predictable result of an improved battery anode.
Regarding claim 2, modified Jeong teaches all features of claim 1 as described above. Jeong further teaches the anode wherein each of the first material sections includes graphite and each of the second material sections includes silicon (“Example 1”, in [0093] the first anode active material contains 91.05 wt % of graphite and in [0094] the second anode active material contains 12 wt % of silicon oxide (SiOx), Fig. 1; the anode active material can have plurality of layers, [0031], Fig. 3).
Regarding claim 3, modified Jeong teaches all features of claim 2 as described above. Jeong further teaches the anode wherein the second material section includes one of pure silicon, silicon alloy, SiOx (silicon oxide), LiSiOx (lithium silicon oxide), and Si-C (silicon carbon composite) (the second anode active material may include a silicon-based active material, [0037]; the silicon-based active material may include silicon (Si), a silicon alloy, a silicon oxide, a silicon-carbon (Si—C) composite or a silicon alloy-based carbon composite, [0038]).
Regarding claim 6, modified Jeong teaches all features of claim 1 as described above. Jeong further teaches an anode comprising an active material layer deposited directly on top of a current collector ([0036]), wherein the active material layer extends across the current collector in the length and width dimensions and therefore spans the length L and width W of the current collector as claimed (Fig. 1 and Fig. 3).
Regarding claim 7, modified Jeong teaches all features of claim 1 as described above. Jeong further teaches the anode wherein each of the first material and second material includes respective conductivity enhancement particles (each of the first anode active material layer 122 and the second anode active material layer 124 may include carbon nanotubes (CNT) as a conductive material, [0053]) and a polymer binder (first anode active material layer 122 may include a first binder, [0056]; second anode active material layer 124 may include a second binder, [0054]).
Regarding claim 8, modified Jeong teaches all features of claim 1 as described above. Jeong further teaches the anode wherein the active layer is generated via individually slurry coating each respective first and second material sections onto the current collector (the first anode slurry may be coated on at least one surface of the anode current collector 125, and then dried and pressed to form the first anode active material layer 122, [0058]; the second anode slurry may be coated on a surface of the first anode slurry, and then dried and pressed to form the second anode active material layer 124, [0061]).
Regarding claim 9, modified Jeong teaches all features of claim 1 as described above. Further, claim 9 is a product-by-process claim (“…the active layer is generated via simultaneously slurry coating the first and second material sections onto the current collector”). Although Jeong does not explicitly disclose the anode wherein the active layer is generated via simultaneously slurry coating the first and second material sections onto the current collector, it is noted that “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If 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 art product was made by a different process”. Further, “the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product” (see MPEP §2113).
The structure resulting from the active material being generated via simultaneously slurry coating the first and second material sections onto the current collector, as claimed, is an anode comprising discrete first and second material sections on the current collector such that the first material sections and at least one second material section are arranged in an alternating pattern and wherein each material section is aligned parallel to the current collector. Jeong discloses an anode which reads on the structural limitations of the claim (anode active material layer 120 includes a first anode active material layer 122 and a second anode active material layer 124; Fig 1; [0010]); thus, there does not appear to be a difference between the prior art structure and the structure resulting from the claimed method.
Regarding claim 10, modified Jeong teaches all features of claim 1 as described above. Further, claim 10 is a product-by-process claim (“…the active layer is generated via one of 3D printing and co-extrusion printing of the respective first and second material sections”). Although Jeong does not explicitly disclose the anode wherein the active layer is generated via one of 3D printing and co-extrusion printing of the respective first and second material sections, it is noted that “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If 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 art product was made by a different process”. Further, “the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product” (see MPEP §2113).
The structure resulting from the active material being generated via one of 3D printing and co-extrusion printing of the respective first and second material sections, as claimed, is an anode comprising an active material with discrete first and second material sections such that the first material sections and at least one second material section are arranged in an alternating pattern and wherein each material section is aligned parallel to the current collector. Jeong discloses an anode which reads on the structural limitations of the claim (anode active material layer 120 includes a first anode active material layer 122 and a second anode active material layer 124; Fig 1; [0010]); thus, there does not appear to be a difference between the prior art structure and the structure resulting from the claimed method.
Regarding claim 20, Jeong teaches:
An anode for a rechargeable battery cell (claim 1), comprising: an electrode substrate (anode current collector 125 acts as the current collector and electrode substrate, Fig. 1, [0030]); and
a current collector fixed to the electrode substrate (anode current collector 125 acts as the current collector and electrode substrate, Fig. 1; [0030] and [0034]).
Jeong further discloses that the current collector is constructed from copper (anode current collector 125 may include copper, preferably copper or a copper alloy, [0030]).
Jeong does not explicitly disclose that the copper current collector is in the specific form of a foil.
Sayed teaches standard battery assembly and electrode preparation techniques. Specifically, Sayed discloses utilizing copper foils (e.g., 15 mm diameter, 1.9 cm² area) as the base substrate for depositing anode active materials (such as sputtered silicon/carbon films) in battery cells (pg. 6579, col. 2, “Electrode Preparation and Battery Assembly” section, lines 1-10).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to construct the copper current collector of Jeong from a copper foil, as taught by Sayed. A PHOSITA would have been motivated to utilize a copper foil because thin foils represent an industry-standard design form for battery current collectors that minimizes dead weight and volume, thereby maximizing the gravimetric energy capacity (gravimetric capacity; pg. 6579, col. 2, “Electrode Preparation and Battery Assembly” section, lines 7-10) of the battery cell. Furthermore, the substitution or configuration of a known material (copper) into a standard substrate geometry (foil) for the predictable purpose of providing a thin, lightweight conductive backing involves nothing more than the predictable use of prior art elements according to their established functions. Jeong further discloses:
the anode active material layer may directly contact the surface of the current collector ([0035]), which was modified by Sayed above to be constructed from a copper foil,
an active layer arranged on the current collector and having discrete first material sections and at least one second material section arranged in an alternating pattern defined by a layered structure (anode active material layer 120 includes a first anode active material layer 122 and a second anode active material layer 124; Fig 1; [0031]-[0033]; alternating pattern in Figs. 1 and 3); wherein:
each of the discrete first material sections are made with graphite ([0051]) and each of the second material sections contains silicon (“Example 1”, in [0093] the first anode active material contains 91.05 wt % of graphite and in [0094] the second anode active material contains 12 wt % of silicon oxide (SiOx), Fig. 1; the anode active material can have plurality of layers, [0031], Fig. 3), and
each material section is aligned parallel to the current collector (active material layers 120 are aligned parallel to current collector 125; Figs. 1 and 3).
It is noted that modified Jeong (as modified by Sayed above to comprise a current collector constructed from copper foil) further teaches the anode wherein one of the first material sections (graphite) is positioned adjacent and in direct contact with the current collector, which is a copper foil as a result of the modification above (claim 11; the first anode active material layer 122 may be directly formed on the surface of the anode current collector 125, [0036]; Fig. 1, first anode active material layer 122 is adjacent to current collector 125).
Jeong further teaches the anode active material layer may have a multi-layered structure (e.g., a double-layered structure) including a plurality of anode active material layers ([0031], Fig. 3).
However, Jeong does not expressly teach an alternating pattern of the first material sections (graphite) and second material sections (silicon-containing) such that each silicon-containing section is in contact with two graphite sections while one of the graphite sections is positioned adjacent and in direct contact with the copper foil current collector.
Sayed further teaches an anode for a rechargeable battery cell (abstract), comprising: an electrode substrate and a current collector fixed to the electrode substrate (current collector is a copper foil that additionally acts as the substrate in which the Si and C layers are disposed onto and aligned parallel, pg. 6579, column 1, “Electrode Preparation and Battery Assembly” section, lines 1-7; Fig. 4). Sayed further teaches an active layer comprising thin films of carbon and silicon deposited as co-sputtered or thin sequential multilayers on the current collector, resulting in a multilayer architecture of alternating carbon and silicon interlayers (pg. 6586, column 2, “Conclusions” section, lines 7-10; Fig. 4).
In particular, Sayed teaches a “Sandwich-Like Film” (Fig. 4) wherein a second material section (silicon/Si) is arranged between and in contact with two first material sections (carbon/C). While the 'Sandwich-Like Film' depicts only one Si section, Sayed also discloses a “Multilayer Film” configuration (Fig. 4) that utilizes multiple alternating layers of C and Si. Although Sayed does not explicitly show the layered sequence 'Cu-C-Si-C-Si-C…' it would have been obvious to a person of ordinary skill in the art to modify the disclosed “Multilayer Film” configuration (Cu-Si-C-Si-C-Si-C) by inserting a carbon (C) layer between the copper (Cu) current collector and the first silicon (Si) layer, as shown in the “Sandwich-like” configuration where the first C layer serves as an interlayer between the Cu collector and the active Si material. A person of ordinary skill in the art would be motivated to make this modification because Sayed teaches that alternating carbon/silicon multilayer architectures reduce irreversible capacity loss during cycling (pg. 6586, column 2, “Conclusions” section, lines 11-14) and that carbon interlayers improve the de-lithiation kinetics of silicon anodes (pg. 6586, column 2, paragraph 2, lines 16-19).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the anode structure of Jeong to include the alternating structure configuration (i.e. Cu-C-Si-C-Si-C…) as collectively taught by Sayed to achieve an anode wherein the active layer comprises a plurality of first material sections (i.e. the C layers or graphite layers as disclosed in Jeong) and a plurality of second material sections (i.e. the Si-containing layers) arranged in an alternating pattern, and wherein each silicon-containing section is arranged between and in contact with two graphite sections, as claimed. Such modification would have resulted in the predictable use of known elements to yield the predictable result of an improved battery anode.
Regarding the limitation "the active layer is configured to intercalate transient ions during charging of the battery cell and de-intercalate the transient ions during discharging of the battery cell," Jeong inherently discloses this feature; Jeong teaches an anode active material layer that promotes "lithiation" (which is the insertion of lithium ions) (Jeong, [0045] lines 9-12). By teaching an anode that comprises silicon-based active material layers and undergoes lithiation, Jeong necessarily utilizes an anode active layer that stores lithium ions during charging and releases/relinquishes them during discharging. In lithium-ion battery technology, the fundamental mechanism of "lithiation" inherently requires the intercalation and de-intercalation of lithium ions in the interstices or structure of the host material. Because Applicant's "transient, e.g., lithium, ions" (Applicant, [0031] lines 8-14) function in the exact same electrochemical manner as the lithium ions disclosed in Jeong, this capability is the result of utilizing the silicon-inclusive anode layers taught by Jeong. Therefore, the anode active material layer of Jeong is configured to perform the claimed intercalating and de-intercalating steps.
Thus, Jeong as modified by Sayed teaches an anode active layer configured to perform the claimed intercalating and de-intercalating steps, and has graphite sections and silicon-containing sections arranged in an alternating pattern such that each of the graphite and silicon-containing sections are aligned parallel to the current collector, each silicon-containing section is in contact with two first graphite sections, and one of the graphite sections is positioned adjacent and in direct contact with the copper foil current collector.
Response to Arguments
Response – Claim Objections
The objection to claim 20 due to informalities is overcome by applicant’s amendments to claims 20 in the response received on August 12th, 2026. The objection to claim 20 is withdrawn.
Response – Claim Rejections 35 USC § 112
In view of the cancellation of claim 5 in the reply filed on June 25th, 2026, the rejection of these claims under 35 U.S.C. § 112(b) is moot.
Response – Claim Rejections 35 USC § 102 and 103
On page 9 of the response, Applicant argues that Jeong alone fails to disclose the limitations of dependent claim 5 as originally filed and currently incorporated into Applicant's independent claims.
In response, the Examiner notes that the Applicant’s arguments regarding this limitation in newly amended claims 1 and 20 have been considered but are moot because the new ground of rejection does not rely on Jeong alone for the teaching or matter specifically challenged in the argument.
On page 10 of the response, Applicant argues that the combination of Jeong, Sayed, and Zhang fails to suggest a anode for a rechargeable battery cell, comprising, inter alia, wherein "one of the first material sections is positioned adjacent and in direct contact with the copper foil", as Sayed's structure specifically discloses its copper current collector being separated from the first silicon or carbon layer by a layer of nickel.
In response, the Examiner notes that the Applicant’s arguments regarding this limitation in newly amended claims 1 and 20 have been considered but are moot because the new ground of rejection does not rely on Jeong alone for the teaching or matter specifically challenged in the argument. In the new rejection of claims 1 and 20 as a result of the amendments, Jeong is relied upon for its teaching that the current collector can be a copper or copper alloy. Jeong does not state that the copper current collector is in the form of a foil; however, Sayad discloses a copper foil current collector with alternating carbon and silicon layers deposited thereon. Therefore, Sayad (which discloses a Ni layer on the copper foil current collector) is only relied upon for the form of the copper (which is a foil), not the entire structure of the current collector of Sayed.
On pages 10-11 of the response, Applicant argues that the combination of Jeong, Sayed, and Zhang fails to suggest an anode for a rechargeable battery cell wherein "one of the first material sections is positioned adjacent and in direct contact with the copper foil"; as well as wherein "the active layer includes multiple first material sections and one or more second material sections arranged in the alternating pattern; and each second material section is arranged between and in contact with two first material sections.”
In response, the Examiner notes that the Applicant’s arguments regarding this limitation in newly amended claim 1 have been considered but are moot because the new ground of rejection now relies on Jeong in view of Sayed for the teaching or matter specifically challenged in the argument.
The Examiner also notes that the Applicant’s arguments regarding this limitation in newly amended claim 20 have been considered but are moot because the new ground of rejection no longer relies on Sayed in view of Zhang for the teaching or matter specifically challenged in the argument.
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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/A.R.O./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
