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 .
This is a first action on the merits of the application. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement filed 11/16/2023 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
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, 4-8, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al., (US 2021/0036360 A1).
Regarding claim 1 Li teaches a battery cell comprising two coated oxide-based solid electrolyte layers in two rows disposed between the positive and negative electrode as dual separators (Fig 2., Abstract) (i.e., a functionalized separator for a battery cell comprising a separator layer including a first side and a second side).
Li also teaches a first coated separator layer 28 comprised of oxide-based solid electrolyte and a second coated separator layer 29 comprised of oxide-based solid electrolyte (Fig. 2; [0047]) (i.e., a functionalized layer arranged on at least one of the first side and the second side of the separator layer).
Li further teaches the separator layer comprising at least one of an oxide-based solid-state electrolytes, metal-doped and aliovalent-substituted oxide-based solid-state electrolytes, for example, the coated separator layer may comprise Li7La3Zr2O12 ([0048]) (i.e., wherein the functionalized layer comprises a lithium-ion conducting solid electrolyte).
Li also discloses a cathode layer 18 coated by an oxide-based solid electrolyte layer 28 and comprised by cathode active material comprising carbon-based materials reading on claimed capacitor active material. ([0040-0041]) (i.e., wherein the functionalized layer comprises a lithium-ion conducting solid electrolyte and a capacitor active material).
Regarding claim 4, Li teaches a first coated separator layer 28 that may comprise a lithium-ion conducting solid electrolyte (Fig.2, [0048]) (i.e., a first coating/layer including the lithium-ion conducting solid electrolyte arranged on the first side of the separator layer).
Li also teaches an anode layer 24 disposed adjacent to the second coated separator layer 29 with the anode layer comprising an active layer comprising carbon-based materials reading on claimed capacitor active material (Fig. 2, [0043]) (i.e., a second coating/layer including the capacitor active material arranged on the first coating/layer).
Regarding claim 5, Li teaches a first separator layer 28 comprising an oxide-based solid electrolyte disposed on the first coated separator layer 28 (Fig. 2; [0047]).
Li further teaches a cathode layer 18 including an active layer ([0040]) (i.e., capacitor active layer). The cathode layer 18 including the active layer is disposed on the first separator layer 28 and is arranged on the second separator layer 29 (Fig. 2) (i.e., a first coating/layer including the capacitor active material arranged on the first side of the separator layer).
Li further teaches a separator layer including a second separator layer 29 comprising a conducting oxide-based solid electrolyte (i.e., functionalized separator), for example, the coated separator layer may comprise Li7La3Zr2O12 (Fig. 2; [0047]-[0048]) (i.e., a second coating/layer including the lithium-ion conducting solid electrolyte arranged on the first coating/layer).
Regarding claim 6, Li teaches a cathode layer 18 further coated by an oxide-based solid electrolyte layer 28 (Fig. 2, [0043]) (i.e., functionalized layer). Li also teaches the cathode layer 18 comprising anode active material, conductive additive, and binder (Fig. 2, [0043]) (i.e., the functionalized layer comprises one or more coating/layers including a mixture of the lithium-ion conducting solid electrolyte, the capacitor active material and a binder arranged on the first side of the separator layer).
Regarding claim 7, Li teaches the separator layer 28 comprising of two rows (Fig. 2) (i.e., first side and second side) that comprise of one of an oxide-based solid-state electrolytes, metal-doped and aliovalent-substituted oxide-based solid-state electrolytes, for example, the coated separator layer may comprise Li7La3Zr2O12 ([0048]) (i.e., the second side of the separator layer includes a coating/layer including a lithium-ion conducting solid electrolyte).
Regarding claim 8, Li teaches the separator layer 28 comprising of two rows (Fig. 2) (i.e., first side and second side). Li also discloses a cathode layer 18 coated by an oxide-based solid electrolyte layer 28 and comprised by cathode active material ([0040]) (i.e., the second side of the separator layer includes a coating/layer including a capacitor active material).
Regarding claim 13, Li teaches the functionalized separator comprising at least one of an oxide-based solid-state electrolytes, metal-doped and aliovalent-substituted oxide-based solid-state electrolytes, for example, the coated separator layer may comprise Li7La3Zr2O12 ([0048]) (i.e., wherein the lithium ion-conducting solid electrolyte is selected from a group consisting of oxide-based solid electrolyte, metal-doped solid electrolyte, aliovalent-substituted solid electrolyte, sulfide-based solid electrolyte, nitride-based solid electrolyte, hydride-based electrolyte, halide-based electrolyte, and borate-based electrolyte).
Regarding claim 14, Li teaches a battery cell core comprising;
a negative electrode (abstract) (i.e., an anode electrode);
a positive electrode (abstract) (i.e., a cathode electrode);
the coated oxide-based solid electrolyte layers onto cathode/anode layers designed to build up more lithium-ion conduction pathways ([0010]) (i.e., wherein the anode electrode and cathode electrode exchange lithium ions) and;
two coated oxide-based solid electrolyte layers disposed between the positive and negative electrode as dual separators (abstract) (i.e., the functionalized separator arranged between the anode electrode and cathode electrode).
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 3, 9, 11, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable in view of Li et al., (US 2021/0036360 A1).
Regarding claim 3, Li teaches all the limitations of the separator layer and discloses in one embodiment that the cathode layer (i.e., functionalized layer) may comprise poly(tetrafluoroethylene) ([0041)] (i.e., the functionalized separator of claim 1, wherein the separator layer is selected from a group consisting of polyolefin, cellulose, polyvinylidene fluoride (PVDF), polyethylene terephthalate, polytetrafluoroethylene, polyvinylidene fluoride-hexafluoropropylene, and polyimide). It would have been prima facie obvious to one of ordinary skill, in the art as of the effective filing date, to modify the cathode layer 18 of the functionalized separator to be formed from one of the disclosed materials in said embodiment as the materials are known in the art (MPEP 2143).
Regarding claim 9, Li teaches all the limitations of the functionalized separator and also teaches the first separator layer 28 comprising an oxide-based solid electrolyte disposed on the first coated separator layer 28 (Fig. 2; [0047]). The cathode layer 18 including the active material is disposed on the first separator layer 28 (Fig. 2 [0040]). Li further teaches the cathode layer 18 comprising;
between about 30 wt. % and about 98 wt. % of cathode active material ([0047]) (i.e., capacitor active material);
and between about 0 wt. % and about 20 wt. % binder ([0047]). The ranges of Li overlap with the claimed ranges (i.e., the first coating/layer includes the capacitor active material in a range 80 to 99 wt. % and a binder in a range from 1 wt.% to 20 wt. %), establishing a prima facie case of obviousness.
Regarding claim 11, Li teaches all the limitations of the functionalized separator. Li also teaches the cathode layer 18 to have an active material that may comprise of a lithium transition-metal oxide ([0041]) (i.e., wherein the capacitor active material is selected from a group consisting of activated carbon, graphene, carbon nanotubes, conducting polymer, soft carbon, hard carbon, metal oxide/sulfide, porous carbon materials, metal-organic framework, and covalent organic framework).
Regarding claim 15, Li teaches a battery cell comprising;
a negative electrode (abstract) (i.e., an anode electrode);
a positive electrode (abstract) (i.e., a cathode electrode);
a cathode layer and anode layer ([0010]). Li also teaches the cathode layer comprising;
between about 30 wt. % and about 98 wt. % cathode active material;
between about 0 wt. % and about 50 wt. % sulfide based solid-state electrolyte, between about 0 wt. % and;
about 30 wt. % conductive additives, and between about 0 wt. % and about 20 wt. % binder ([0011]). Li also teaches the anode layer comprising;
between about 30 wt. % and about 98 wt. % anode active material;
between about 0 wt. % and about 50 wt. % sulfide-based solid-state electrolyte, between about 0 wt. % and;
about 30 wt. % conductive additives; and between about 0 wt. % and about 20 wt. % binder ([0011]). Thus, the reference teaches electrode compositions including an active material, a solid electrolyte, a conductive additive, and a binder within the claimed ranges, establishing a prima facie case of obviousness. While the claim recites the anode electrode including “cathode active material” and the cathode electrode including “anode active material,” It would have been obvious to one ordinary skill in the art to modify their electrode compositions such that each electrode includes its respective active material, as taught Li, since electrode compositions with active material corresponding to the function of the electrode is conventionally known in the art (MPEP 2143).
Regarding claim 16, Li teaches battery cell core comprising;
a negative electrode (abstract) (i.e., an anode electrode);
a positive electrode (abstract) (i.e., a cathode electrode). But Li fails to teach lithium ions exchanged between the positive and negative electrodes. Li however teaches oxide-based solid state electrolytes layers disposed between the anode and cathode (abstract) and it would have been understood by a person of ordinary skill in the art that such solid-state electrolytes are known to conduct lithium-ions between electrodes. (i.e., wherein the anode electrode and the cathode electrode exchange lithium ions). Li also teaches two coated oxide-based solid electrolyte layers are disposed between the positive and negative electrode as dual separators (abstract) (i.e., a functionalized separator arranged between the anode electrode and cathode electrode) (MPEP 2143).
Li further teaches the battery cell comprising;
a first coated separator layer 28 comprised of oxide-based solid electrolyte and a second coated separator layer 29 comprised of oxide-based solid electrolyte (Fig. 2; [0047]) (i.e., a functionalized layer arranged on at least one of the first side and the second side of the separator layer).
Li also teaches the separator layer comprising at least one of an oxide-based solid-state electrolytes, metal-doped and aliovalent-substituted oxide-based solid-state electrolytes, for example, the coated separator layer may comprise Li7La3Zr2O12 ([0048]) and a cathode layer 18 coated by an oxide-based solid electrolyte layer 28 and comprised by cathode active material ([0040]) (i.e., wherein the functionalized layer comprises a lithium-ion conducting solid electrolyte and a capacitor active material).
Li further teaches the separator layer in one embodiment comprising a cathode comprising poly(tetrafluoroethylene) ([0041)] (i.e., the separator layer is selected from a group consisting of polyolefin, cellulose, polyvinylidene fluoride (PVDF), polyethylene terephthalate, polytetrafluoroethylene, polyvinylidene fluoride-hexafluoropropylene, and polyimide). It would have been prima facie obvious to one of ordinary skill, in the art as of the effective filing date, to modify the cathode layer 18 of the functionalized separator to be formed from one of the disclosed materials in said embodiment as the materials are known in the art (MPEP 2143).
Li also teaches the functionalized separator comprising at least one of an oxide-based solid-state electrolytes, metal-doped and aliovalent-substituted oxide-based solid-state electrolytes, for example, the coated separator layer may comprise Li7La3Zr2O12 ([0048]) (i.e., wherein the lithium ion-conducting solid electrolyte is selected from a group consisting of oxide-based solid electrolyte, metal-doped solid electrolyte, aliovalent-substituted solid electrolyte, sulfide-based solid electrolyte, nitride-based solid electrolyte, hydride-based electrolyte, halide-based electrolyte, and borate-based electrolyte).
Li further teaches a cathode layer comprising an active material that may comprise of a lithium transition-metal oxide ([0041]) (i.e., wherein the capacitor active material is selected from a group consisting of activated carbon, graphene, carbon nanotubes, conducting polymer, soft carbon, hard carbon, metal oxide/sulfide, porous carbon materials, metal-organic framework, and covalent organic framework).
Regarding claim 17, Li teaches all the limitations of the battery cell and the functionalized layer of comprising;
a first coated separator layer 28 that may comprise a lithium-ion conducting solid electrolyte (Fig.2, [0048]) (i.e., a first coating/layer including the lithium-ion conducting solid electrolyte arranged on the first side of the separator layer) and;
an anode layer 24 disposed adjacent to the second coated separator layer 29 with the anode layer comprising an active layer (Fig. 2, [0043]) (i.e., a second coating/layer including the capacitor active material arranged on the first coating/layer).
Regarding claim 18, Li teaches all the limitations of the battery cell and the first separator layer 28 comprising;
an oxide-based solid electrolyte disposed on the first coated separator layer 28 (Fig. 2; [0047]) and;
a cathode layer 18 including an active layer ([0040]) (i.e., capacitor active layer). The cathode layer 18 including the active layer is disposed on the first separator layer 28 and is arranged on the second separator layer 29 (Fig. 2) (i.e., a first coating/layer including the capacitor active material arranged on the first side of the separator layer).
Li further teaches a separator layer including a second separator layer 29 comprising a conducting oxide-based solid electrolyte (i.e., functionalized separator), for example, the coated separator layer may comprise Li7La3Zr2O12 (Fig. 2; [0047]-[0048]) (i.e., a second coating/layer including the lithium-ion conducting solid electrolyte arranged on the first coating/layer).
Regarding claim 19, Li teaches all the limitations of the battery cell and;
a cathode layer 18 further coated by an oxide-based solid electrolyte layer 28 (Fig. 2, [0043]) (i.e., functionalized layer). Li also teaches the cathode layer 18 comprising anode active material, conductive additive, and binder (Fig. 2, [0043]) (i.e., the functionalized layer comprises one or more coating/layers including a mixture of the lithium-ion conducting solid electrolyte, the capacitor active material and a binder arranged on the first side of the separator layer).
Regarding claim 20, Li teaches all the limitations of the battery cell and the separator layer 28 comprising of two rows (Fig. 2) (i.e., first side and second side). Li also discloses a cathode layer 18 coated by an oxide-based solid electrolyte layer 28 and comprised by cathode active material ([0040]) (i.e., the second side of the separator layer includes one of: a coating/lithium including a lithium-ion conducting solid electrolyte; and a coating/layer including a capacitor active material).
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable in view of Li et al., (US 2021/0036360 A1) (hereinafter Li I) and Li et al., (US 2021/0021009 A1) (hereinafter Li II).
Regarding claim 2, Li I teaches all the limitations of the functionalized separator, but is silent to the functionalized separator further comprising a polymer layer arranged on the functionalized layer. But Li II discloses similar functionalized layers for a battery cell comprising;
a solid-state electrolyte layer 106 (Fig. 1; [0030]) (i.e., functionalized layer) and;
a capacitor assisted interlayer 200 (Fig 1; [0038]) (i.e., functionalized layer) comprising;
one or more of a polymer-based material (Fig. 2 ([0038]) (i.e., the functionalized separator further comprising a polymer layer arranged on the functionalized layer). It would have been prima facie obvious to one of ordinary skill, in the art as of the effective filing date, to modify the functionalized separator of Li I to contain the polymer layer as taught by Li II that the interlayer design is part of a continuous improvement to achieve favorable interfacial contact between the electrode layers and solid-state electrolyte layer, thereby improving electrochemical performance [0004]. (MPEP 2143).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable in view of Li et al., (US 2021/0036360 A1) and Lee et al., (US 2021/0320378 A1).
Regarding claim 10, Li teaches all the limitations of the claim, but is silent to the capacitor active material having a size in a range from 0.2 μm to 50 μm. But Lee teaches a similar electrochemical cell with a coated layer comprising organic particles, binder, and inorganic particles on the porous substrate of a separator (abstract). Lee also teaches the inorganic particles having an average particle diameter of 0.4 μm to 0.6 μm ([0138]). The claimed material size in a range from 0.02 μm to 50 μm overlaps with inorganic particle diameter 0.4 μm to 0.6 μm. Furthermore, Lee teaches that selecting inorganic particles having an average particle diameter with the disclosed range (e.g., 0.4 μm to 0.6 μm) improves binding force between the coating layer and the porous substrate as well as between the coating layer and the electrode and also provides appropriate porosity ([0084]). Therefore, it would have been prima facie obvious to one of ordinary skill, to select particle sizes within the claimed range (i.e., wherein the capacitor active material has a size in a range from 0.02 μm to 50 μm).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable in view of Li et al., (US 2021/0036360 A1) and Yakupov et al., (US 2021/0399383 A1).
Regarding claim 12, Li teaches all the limitations of the claim, but is silent to the separator layer having a porosity in a range from 10% to 95%. But Yakupov teaches a similar electrochemical cell with a porous coated separator with ceramic additives (abstract). Yakupov further teaches the ultimate purpose for separators including the properties of separators such being porous (generally having porosity in a range of about 30%-60%) ([0020]) (i.e., wherein the separator layer has a porosity in a range from 10% to 95%). The claimed porosity in a range from 10% to 95% overlaps with the porosity range of Yakupov (30%-60%) establishing a prima facie case of obviousness.
Conclusion
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/S.M.A./Examiner, Art Unit 1772
/BRADLEY R SPIES/ Primary Examiner, Art Unit 1777
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