CTNF 18/367,987 CTNF 89288 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. 12-151 AIA 26-51 12-51 Status of Claims Claim(s) 1-21 are currently pending. 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 21 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 21 The claim recites “[a] pre-lithiated anode active material or electrochemical cell,” which encompasses two different statutory classes of invention, namely a composition and a device. It is unclear whether the claim is directed to the material alone, the electrochemical cell alone, or both, thereby rendering the scope of the claim unclear. 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 AIA Claim(s) 1-10 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2021/0066704 A1, VERBRUGGE et al. (hereinafter “VERBRUGGE”) with evidentiary support provided by US 10,218,033 B1, Bhardwaj et al. (hereinafter “Bhardwaj”) . Regarding claim 1 VERBRUGGE teaches an electrochemical cell (20) [Fig. 1 and para. 0044] comprising: a cathode active material (corresponding to positive electrode 24) [Fig. 1 and para. 0044]; an electrolyte (30) [Fig. 1 and para. 0051]; and an anode active material (corresponding to negative electrode 22) [Fig. 1 and para. 0044], wherein the electrolyte (30) is between the anode active material (22) and the cathode active material (24) [Fig. 1], wherein the anode active material (22) includes an excess amount of lithium (negative electrode 22 contains a relatively greater quantity of lithium) [paras. 0008, 0043 and 0046]; and wherein the anode active material (22) does not include metallic lithium (e.g., the negative electrode 22 may be a negative electroactive material such as silicon, graphite, graphene, etc.) [para. 0070]. PNG media_image1.png 358 460 media_image1.png Greyscale Fig. 1 Regarding claim 2 VERBRUGGE teaches the electrochemical cell as set forth above, wherein the excess amount of lithium corresponds to a quantity of lithium greater than an amount of delithiation of the cathode active material or greater than a lithium capacity of the cathode active material (additional lithium is introduced to compensate for lithium loss during cycling, wherein the negative electrode 22 contains a relatively greater quantity of lithium) [paras. 0043 and 0046]. Regarding claim 3 VERBRUGGE teaches the electrochemical cell as set forth above, further comprising a solid-electrolyte interface on a surface of the anode active material (one of ordinary skill would have found obvious for an SEI to form on the anode during operation of the lithium-ion electrochemical cell as evidences by Bhardwaj) [Bhardwaj, Col. 6, lines 20-27], wherein the excess amount of lithium corresponds to a quantity of lithium greater than an amount of lithium in the solid-electrolyte interface and one or both of an amount of delithiation of the cathode active material or a lithium capacity of the cathode active material (additional lithium is introduced to compensate for lithium loss during cycling, wherein the negative electrode 22 contains a relatively greater quantity of lithium) [paras. 0043 and 0046]. Regarding claim 4 VERBRUGGE teaches the electrochemical cell as set forth above, wherein the excess amount of lithium corresponds to a quantity of lithium in the anode available for use as lithium in the electrochemical cell is irreversibly lost during operation (cycle-induced lithium loss occurs when lithium is cycled in the electrochemical cell) [para. 0008 and 0043]. Regarding claim 5 VERBRUGGE teaches the electrochemical cell as set forth above, wherein the cathode active material (24) comprises a fully delithiated cathode active material or a charged lithium-ion cathode active material (the cathode undergoes deintercalation) [para. 0066]. Regarding claim 6 VERBRUGGE teaches the electrochemical cell as set forth above, wherein the cathode active material (24) is a fully lithiated cathode active material or a discharged lithium-ion cathode active material (cathode undergoes intercalation) [para. 0066]. Regarding claim 7 VERBRUGGE teaches the electrochemical cell as set forth above, wherein the cathode active material (24) comprises a lithium-ion cathode active material selected from a lithium transition-metal oxide, a lithium transition-metal phosphate, or sulfur [Col. 3, lines 47-53]. Regarding claim 8 VERBRUGGE teaches the electrochemical cell as set forth above, wherein the anode active material (22) comprises one or more of graphite, silicon, or tin [para. 0070]. Regarding claim 9 VERBRUGGE teaches the electrochemical cell as set forth above, wherein the electrolyte (30) is a polymer electrolyte, a liquid electrolyte, or a solid electrolyte [para. 0051]. Regarding claim 10 VERBRUGGE teaches the electrochemical cell as set forth above, further comprising one or more of a separator (26), a cathode current collector (34), an anode current collector (32), a case (pouch) [Fig. 1 and para. 0044-0045] . 07-15-aia AIA Claim(s) 11, 12, 15 and 17-21 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2020/0395593 A1, Zhu et al. (hereinafter “Zhu”) . Regarding claims 11 and 21 Zhu teaches a pre-lithiated anode active material or electrochemical cell comprising a pre-lithiated anode active material [Fig. 1A and para. 0030], prepared according to a method comprising: obtaining a structure comprising: a cathode active material (106) [Fig. 1A and para. 0030]; and an anode active material (104) [Fig. 1A and para. 0030], wherein the anode active material (104) does not include metallic lithium (the anode may include graphite, silicon/graphite, silicon oxide/graphite, silicon or silicon oxide (SiOx), etc.) [para. 0006], and wherein a space between the anode active material (104) and the cathode active material (106) does not contain an electrolyte (the pouch is filled with an electrolyte after the anode and cathode are provided) [para. 0030]; injecting a lithiation redox agent into the space between the anode active material (104) and the cathode active material (106) (lithium metal 108 is placed beside a stacked cell that included anode 104 and cathode 106) [para. 0030]; reacting the lithiation redox agent with the anode active material (104) to introduce an excess amount of lithium into the anode active material (104) (anode 104 is conducted for a desired pre-lithiation) [para. 0030]; and injecting an electrolyte (110) into the space between the anode active material (104) and the cathode active material (106) (pouch is filled with electrolyte 110) [Fig. 1A and para. 0030]. Regarding claim 12 Zhu teaches the method as set forth above, wherein the lithiation redox agent comprises one or more organolithium compounds (LiPF6 and carbonate solvent with some solvent additives) [para. 0066]. Regarding claim 15 Zhu teaches the method as set forth above, wherein reacting the lithiation redox agent with the anode active material comprises applying a potential to the anode active material or a chemical reaction without applying potential (anode 104 is conducted for a desired pre-lithiation (e.g., desired pre-lithiation percentage) by connecting Li metal 108 and anode 104 together) [para. 0030]. Regarding claim 17 Zhu teaches the method as set forth above, wherein the excess amount of lithium corresponds to a quantity of lithium greater than an amount of delithiation of the cathode active material or a lithium capacity of the cathode active material (a pre-lithiation approach may be employed to offset the lithium loss on the anode surface) [para. 0004]. Regarding claim 18 Zhu teaches the method as set forth above, wherein reacting the lithiation redox agent with the anode active material comprises forming a solid-electrolyte interface on a surface of the anode active material (a necessary consequence of the charge/discharge process is the formation of a solid-electrolyte interphase (SEI) layer on the anode during the first charge cycle) [para. 0003]. Regarding claim 19 Zhu teaches the method as set forth above, wherein the excess amount of lithium corresponds to a quantity of lithium greater than an amount of lithium in the solid-electrolyte interface and one or both of an amount of delithiation of the cathode active material or a lithium capacity of the cathode active material (additional lithium is introduced to compensate for lithium loss during cycling, wherein the negative electrode 22 contains a relatively greater quantity of lithium) [paras. 0003 and 0004]. Regarding claim 20 Zhu teaches the method as set forth above, wherein the structure comprises a jelly roll for a lithium-ion battery prior to injecting an electrolyte into the jelly roll (electrolyte is added to the jelly roll at step 662, subsequent to assembly of the jelly roll) [Fig. 6B, paras. 0051-0052 and 0056] . 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 11, 15, 17-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over VERBRUGGE in view of Zhu with evidentiary support provided by Bhardwaj . Regarding claims 11 and 21 VERBRUGGE teaches an electrochemical cell (20) [Fig. 1 and para. 0044] comprising: a cathode active material (corresponding to positive electrode 24) [Fig. 1 and para. 0044]; an electrolyte (30) [Fig. 1 and para. 0051]; and an anode active material (corresponding to negative electrode 22) [Fig. 1 and para. 0044], wherein the electrolyte (30) is between the anode active material (22) and the cathode active material (24) [Fig. 1], wherein the anode active material (22) includes an excess amount of lithium (negative electrode 22 contains a relatively greater quantity of lithium) [paras. 0008, 0043 and 0046]; and wherein the anode active material (22) does not include metallic lithium (e.g., the negative electrode 22 may be a negative electroactive material such as silicon, graphite, graphene, etc.) [para. 0070]. VERBRUGGE does not teach the following steps: (a) injecting a lithiation redox agent into the space between the anode active material and the cathode active material; and (b) reacting the lithiation redox agent with the anode active material to introduce an excess amount of lithium into the anode active material. Zhu teaches a pre-lithiated anode active material or electrochemical cell comprising a pre-lithiated anode active material [Fig. 1A and para. 0030], prepared according to a method comprising: injecting a lithiation redox agent into the space between the anode active material (104) and the cathode active material (106) (lithium metal 108 is placed beside a stacked cell that included anode 104 and cathode 106) [para. 0030]; reacting the lithiation redox agent with the anode active material (104) to introduce an excess amount of lithium into the anode active material (104) (anode 104 is conducted for a desired pre-lithiation) [para. 0030]. The method of Zhu improving a capacity of a lithium ion battery by improving an efficiency of anode pre-lithiation in large format cells [para. 0027]. VERBRUGGE and Zhu are analogous inventions in the field of electrochemical cells comprising anode materials having excess amount of lithium. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of preparing the electrochemical cell of VERBRUGGE to comprise the steps (a) and (b) discloses in Zhu, as such are capable of improving the pre-lithiation efficiency thereby improving a capacity of a lithium ion battery. Regarding claim 15 Modified VERBRUGGE teaches the method as set forth above, wherein reacting the lithiation redox agent with the anode active material comprises applying a potential to the anode active material or a chemical reaction without applying potential (anode 104 is conducted for a desired pre-lithiation (e.g., desired pre-lithiation percentage) by connecting Li metal 108 and anode 104 together) [Zhu, para. 0030]. Regarding claim 17 Modified VERBRUGGE teaches the method as set forth above, wherein the excess amount of lithium corresponds to a quantity of lithium greater than an amount of delithiation of the cathode active material or greater than a lithium capacity of the cathode active material (additional lithium is introduced to compensate for lithium loss during cycling, wherein the negative electrode 22 contains a relatively greater quantity of lithium) [VERBRUGGE, paras. 0043 and 0046]. Regarding claim 18 Modified VERBRUGGE teaches the method as set forth above, wherein reacting the lithiation redox agent with the anode active material comprises forming a solid-electrolyte interface on a surface of the anode active material (one of ordinary skill would have found obvious for an SEI to form on the anode during operation of the lithium-ion electrochemical cell as evidences by Bhardwaj) [Bhardwaj, Col. 6, lines 20-27], Regarding claim 19 Modified VERBRUGGE teaches the method as set forth above, wherein the excess amount of lithium corresponds to a quantity of lithium greater than an amount of lithium in the solid-electrolyte interface and one or both of an amount of delithiation of the cathode active material or a lithium capacity of the cathode active material (additional lithium is introduced to compensate for lithium loss during cycling, wherein the negative electrode 22 contains a relatively greater quantity of lithium) [VERBRUGGE, paras. 0043 and 0046] . 07-22-aia AIA Claim (s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu , as applied to claim s 11, 12, 15 and 17-21 above, and further in view of US 20030190529 A1, Kim et al . Regarding claim 13 Zhu teaches lithiation redox agent comprises lithium and an organic solvent [para. 0066]. Zhu does not teach the redox agent comprising one or more of naphthalene, a naphthalene derivative, biphenyl, or a biphenyl derivative. Kim teaches improving battery safety by adding a small amount to an aromatic compound such as biphenyl, 3-chlorothiophene, furan, etc. [para. 0005]. It would have been obvious to one of ordinary skill in the art to add biphenyl to the redox agent of Zhu for the purpose of improving battery safety . Allowable Subject Matter 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 16 The prior art of record, whether alone or in combination, fails to teach or fairly suggest a step of removing unreacted lithiation redox agent or reaction products derived from the lithiation redox agent from the space between the anode active material and the cathode active material . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAYLA GONZALEZ RAMOS whose telephone number is (571)272-5054. The examiner can normally be reached Monday - Thursday, 9:00-5:00 - EST. 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, Allison Bourke can be reached at (303)297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721 Application/Control Number: 18/367,987 Page 2 Art Unit: 1721 Application/Control Number: 18/367,987 Page 3 Art Unit: 1721 Application/Control Number: 18/367,987 Page 4 Art Unit: 1721 Application/Control Number: 18/367,987 Page 5 Art Unit: 1721 Application/Control Number: 18/367,987 Page 6 Art Unit: 1721 Application/Control Number: 18/367,987 Page 7 Art Unit: 1721 Application/Control Number: 18/367,987 Page 8 Art Unit: 1721 Application/Control Number: 18/367,987 Page 9 Art Unit: 1721 Application/Control Number: 18/367,987 Page 10 Art Unit: 1721 Application/Control Number: 18/367,987 Page 11 Art Unit: 1721 Application/Control Number: 18/367,987 Page 12 Art Unit: 1721 Application/Control Number: 18/367,987 Page 13 Art Unit: 1721 Application/Control Number: 18/367,987 Page 14 Art Unit: 1721 Application/Control Number: 18/367,987 Page 15 Art Unit: 1721