CTNF 18/354,018 CTNF 101841 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25 AIA Applicant's election with traverse of Group I, claims 1-10 and 20, drawn to an anode for a rechargeable battery cell , in the reply filed on April 23 rd , 2026 is acknowledged. The traversal is on the ground(s) that the method as claimed cannot be used to manufacture another and materially different anode, and consequently, lacks serious search and/or examination burden . This is not found persuasive because : The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP §806.05(f)). Only one of the two prongs needs to be met for the inventions to be distinct, and in this case, the second prong (2) is met, where the product as claimed can be made by another and materially different process, as the anode can be made by lamination of pre-formed layers of the first and second material sections onto the current collector, which does not require depositing first and second material sections in an alternating pattern onto the current collector as claimed. Regarding the lack of serious search and/or examination burden, this argument is not found persuasive because Group I would require a unique text search involving active layers having discrete first material sections and at least one second material section arranged in an alternating pattern wherein each material section is aligned parallel to the current collector (claim 1) , whereas Group II would require a unique text search wherein each material section is aligned perpendicular to the current collector (claim 15) . The requirement is still deemed proper and is therefore made FINAL. 08-05 AIA Claim s 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method of manufacturing an anode for a rechargeable battery cell , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 23 rd , 2026 . Claim Objections Claim 20 is objected to because of the following informalities: the recitation “two first material sections” in lines 10-11 of the claim lacks clear antecedent basis. Although it appears from the claim language (when read in light of the specification ([0032]) and drawings (Fig. 2)) that the recited “two first material sections” correspond to the recited “graphite sections,” the relationship between these elements is not expressly set forth in the claim. Appropriate correction may include amending the limitation “each silicon-containing section is in contact with two first material sections” in lines 10-11 of the instant claim to recite “each silicon-containing section is in contact with two graphite sections,” if that is what is intended. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 5, the claim limitation "at least one second material section includes multiple second material sections" is unclear because it implies a “sub-divided” structure definition for the second material section that is logically confusing. Specifically, it is unclear how a single material "section" can simultaneously include multiple sections while each of those internal sections is also required to be "arranged between and in contact with two first material sections." If the second material section refers to a single, discrete layer in a stack, it cannot include multiple sections in a manner consistent with the alternating arrangement shown in Figure 2. The phrasing suggests a “sub-divided” structure that lacks clear antecedent basis and contradicts the spatial arrangement described later in the claim; furthermore, in Figure 2, the active layer structure appears to be an alternating stack with discrete, single material sections (Graphite-Silicon-Graphite-Silicon-Graphite…etc.). Thus, the use of "includes" in the claim language fails to clearly define whether the applicant is claiming a single heterogeneous layer or a repeating plurality of distinct layers. For the purposes of examination, claim 5 is interpreted as the anode wherein the active layer comprises a plurality of first material sections and a plurality of second material sections arranged in an alternating pattern, and wherein each second material section is arranged between and in contact with two first material sections, pending further clarification from Applicant. Thus, appropriate correction may include amending the claim to recite: “The anode according to claim 4, wherein the active layer comprises multiple first material sections and one or more second material sections arranged in an alternating pattern , and wherein each second material section is arranged between and in contact with two first material sections,” which corresponds to the description of the active layer in [0030], if that is what is intended. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claims 1-4 and 6-10 are r ejected under 35 U.S.C. 102(a )(1) as being a nticipated b y J eong (US20230163277A1). R egarding 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]) ; and 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 layer 120 is aligned parallel to current collector 125; Fig 1) ; 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. Regarding claim 2, Jeong teaches all features of claim 1 as described above, and 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, Jeong teaches all features of claim 2 as described above, and further teaches the anode wherein the second material section includes one of pure silicon, silicon alloy, SiO x (silicon oxide), LiSiO x (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 4, Jeong teaches all features of claim 1 as described above, and further teaches the anode wherein one of the first material sections is positioned adjacent and in direct contact with the current collector (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) . Regarding claim 6, Jeong teaches all features of claim 4 as described above, and 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, Jeong teaches all features of claim 1 as described above, and 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, Jeong teaches all features of claim 1 as described above, and 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, 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, 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 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 5 is 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 5, Jeong teaches all features of claims 4 and 1 as described above, and 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 explicitly teach the anode active layer comprises a plurality of first material sections and a plurality of second material sections arranged in an alternating pattern such that each second material section is arranged between and in contact with two first material sections (consistent with the interpretation in the 112b above). Sayed 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 . 07-21-aia AIA Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Sayed (Sayed Youssef Sayed, et. al. 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) and further in view of Zhang (Wen Zhang et. al. Functionally Gradient Silicon/Graphite Composite Electrodes Enabling Stable Cycling and High Capacity for Lithium-Ion Batteries. ACS Applied Materials & Interfaces. 2022. 14 (46), 51954-51964. doi: 10.1021/acsami.2c15355) Regarding claim 20, Sayed teaches an anode for a rechargeable battery cell (abstract) , comprising: an electrode substrate; 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 “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) . 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," Sayed inherently discloses this feature; Sayed discloses a silicon-based anode for Li-ion batteries and explicitly teaches that the battery undergoes cyclical "lithiation" (charging) and "de-lithiation" (discharging) in the voltage range of 0.005 V to 1.5 V (Sayed, pg. 6579, column 2, [3], “Electrochemical Testing” section, lines 1-8) . Thus, Sayed 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 and de-lithiation inherently requires the intercalation and de-intercalation of lithium ions in the interstices or structure of the host material. Therefore, since Applicant's "transient, e.g., lithium, ions" (Applicant, [0031], lines 8-14) function in the same electrochemical manner as the lithium ions disclosed in Sayed, the anode active material layer of Sayed is configured to perform the claimed intercalating and de-intercalating steps. Thus, Sayed teaches an anode active layer configured to perform the claimed intercalating and de-intercalating steps, and has discrete carbon sections and silicon-containing sections arranged in an alternating pattern such that each of the carbon and silicon-containing sections is aligned parallel to the current collector, each silicon- containing section is in contact with two first carbon sections, and one of the carbon sections is positioned adjacent and in direct contact with the current collector. However, Sayed does not expressly disclose that the species of the carbon in the C layers is graphite, as claimed. Zhang teaches a multilayer coating method to fabricate Si/Gr composite electrodes with varied Si distributions, wherein the method uses Si (silicon) and Gr (graphite) (pg. 51958, column 1, [1], lines 1-5) . In particular, Zhang teaches a “PG-Si/Gr” electrode configuration which corresponds to an electrode with an active material having three coating layers (Fig. 3a) that include a first graphite-rich layer, a silicon-containing layer, and a second graphite-rich layer in a sandwich-like configuration (PG-Si/Gr electrode in Fig. 3, d1-d3; the graphite-rich layers are comprised of Si/Gr = 5:95, pg. 51955, column 2, “2.1. Electrode Preparation”, lines 14-15) . Further, Zhang teaches that the introduction of graphite into the Si anode can effectively improve the electrical conductivity and structural stability of the electrode while ensuring a high compaction density (pg. 51955, column 1, [2], lines 9-12) , and by adjusting the Si distribution so that the Si-rich region is sandwiched by two Si-poor surface layers (i.e. the graphite-rich layers) the deformation and damage cause by lithiation/de-lithiation can be mitigated (pg. 51957, column 1, [1], lines 19-23). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to substitute graphite for the carbon (C) layers of Sayed in order to improve electrical conductivity and electrode performance as taught by Zhang. Such modification would have resulted in an anode active layer with discrete graphite sections and silicon-containing sections arranged in an alternating pattern such that each of the graphite and silicon-containing sections is 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 current collector, as claimed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXIS R OSTWALT whose telephone number is (571)272-8650. The examiner can normally be reached Mon-Fri 7:30am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 5712707692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.R.O./Examiner, Art Unit 1789 /MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789 Application/Control Number: 18/354,018 Page 2 Art Unit: 1789 Application/Control Number: 18/354,018 Page 3 Art Unit: 1789 Application/Control Number: 18/354,018 Page 4 Art Unit: 1789 Application/Control Number: 18/354,018 Page 5 Art Unit: 1789 Application/Control Number: 18/354,018 Page 6 Art Unit: 1789 Application/Control Number: 18/354,018 Page 7 Art Unit: 1789 Application/Control Number: 18/354,018 Page 8 Art Unit: 1789 Application/Control Number: 18/354,018 Page 9 Art Unit: 1789 Application/Control Number: 18/354,018 Page 10 Art Unit: 1789 Application/Control Number: 18/354,018 Page 11 Art Unit: 1789 Application/Control Number: 18/354,018 Page 12 Art Unit: 1789 Application/Control Number: 18/354,018 Page 13 Art Unit: 1789 Application/Control Number: 18/354,018 Page 14 Art Unit: 1789 Application/Control Number: 18/354,018 Page 15 Art Unit: 1789 Application/Control Number: 18/354,018 Page 16 Art Unit: 1789
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