DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
This is a non-final office action in response to Applicant’s remarks and amendments filed on October 27, 2025. Claims 32, 33 and 46 are currently amended. Claims 30-53 are pending review in this action. The previous objections to the claims are withdrawn in light of Applicant’s corresponding amendments. The previous 35 U.S.C 102/103 and 35 U.S.C 103 rejections are withdrawn in light of Applicant’s corresponding amendment. The previous Double Patenting rejections are withdrawn in view of the filed Terminal Disclaimer.
Claims 30-45 previously stood rejected only under a Double Patenting rejection. As new grounds of rejection under 35 USC 102 have been identified for claims 30-33, 35, 37, 39 and 44, the present office action is non-final. New grounds of rejection are presented below.
Terminal Disclaimer
The terminal disclaimer filed on October 27, 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration dates of U.S. Patents: 8,993,159; 9,184,464; 9,385,392; 9,362,583; 9,831,518; 9,831,519; 10,483,582; 11,018,365 and 11,811,119 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Information Disclosure Statement
The information disclosure statement submitted on October 24, 2025 has been considered by the examiner.
Claim Objections
Claim 46 is objected to because of the following informalities. Line 5 of the claim reads in part: “an apparent shear rate of about 5 s1”.
The correct units for the shear rate are “s-1”. The limitation should be edited to read: “an apparent shear rate of about 5 s-1”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 30-33, 35, 37, 39 and 44 are rejected under pre-AIA 35 U.S.C. 102 (b) as being anticipated by U.S. Patent No. 3,827,910, hereinafter Cairns.
Regarding claim 30, Cairns teaches an electrochemical cell (10) comprising an anode and a cathode (col. 3, lines 31-32 and figure 1). The cathode includes reactant (“active material”), particles of a porous substrate material, electrically conductive material and electrolyte (col. 4, lines 21-44).
In an example (cell L-3), the cathode includes particles of a porous substrate material, which is graphite (also an electrically conductive material) (see cell L-3 in Table I). When the cell is in operation, the cathode becomes a “semi-solid” cathode, which is a liquid mixture of electrolyte and reactant (“active material”) with particles of the porous substrate material and electrically conductive material dispersed therein (col. 4, lines 45-53). It therefore includes a mixture of liquid and solid phases.
Cairns reports an area specific capacity for cell L-3 of 0.13 Ah/cm2 (130 mAh/cm2) at a current density of 0.32 A/cm2 (Table IV). This corresponds to a C-rate of approximately 2.5C. In view of trends characteristic of these measurements, it is expected that had the specific capacity been measured at the corresponding current, the area specific capacity for this cell would have exceeded 0.13 Ah/cm2 (130 mAh/cm2) at C/2 and therefore certainly would have exceeded the claimed 7 mAh/cm2 at C/2.
Regarding claim 31, Cairns teaches that the cathode includes 52% by volume reactant (“active material”) (see cell L-3 in Table II).
Regarding claim 32, Cairns teaches an electrically conductive material present at 2% by volume (see cell L-3 in Table II).
Regarding claim 33, Cairns teaches that the porous substrate material is graphite (Table I – see cell L-3).
Regarding claim 35, Cairns teaches that the electrolyte is non-aqueous (Table I – see cell L-3).
Regarding claim 37, Cairns teaches that the cathode material is contained within a cylindrical cup. Cairns reports a cathode area for cell L-3 of 4.28 cm2 (Table III). Therefore, a diameter (“thickness”) of the cup is approximately 2.33 cm.
Regarding claim 39, Cairns teaches an electrochemical cell (10) comprising an anode, a cathode and a sheath (28, “separator”) (col. 3, lines 31-40 and figure 1). The anode includes lithium (col. 3, line 70). The cathode includes reactant (“active material”), particles of a porous substrate material, electrically conductive material and electrolyte (col. 4, lines 21-44).
When the cell is in operation, the cathode becomes a “semi-solid” cathode, which is a liquid mixture of electrolyte and reactant (“active material”) with particles of the porous substrate material and electrically conductive material dispersed therein (col. 4, lines 45-53). It therefore includes a mixture of liquid and solid phases.
Cairns reports an area specific capacity for cell L-3 of 0.13 Ah/cm2 (130 mAh/cm2) at a current density of 0.32 A/cm2 (Table IV). This corresponds to a C-rate of approximately 2.5C. In view of trends characteristic of these measurements, it is expected that had the specific capacity been measured at the corresponding current, the area specific capacity for this cell would have exceeded 0.13 Ah/cm2 (130 mAh/cm2) at C/2 and therefore certainly would have exceeded the claimed 7 mAh/cm2 at C/2.
Regarding claim 44, Cairns teaches that the semi-solid cathode is homogenously mixed (col. 4, lines 48-53). It is thus considered to satisfy the presently claimed mixing index range.
Allowable Subject Matter
Claims 46-53 are allowed.
Claims 34, 36, 38, 40-43 and 45 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s newly added limitations have been considered. However, after further search and consideration, the Cairns reference has been provided, as recited above, to address the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LILIA V NEDIALKOVA whose telephone number is (571)270-1538. The examiner can normally be reached 8.30 - 5.00 PM.
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/STEWART A FRASER/Primary Examiner, Art Unit 1724
LILIA V. NEDIALKOVA
Examiner
Art Unit 1724