DETAILED OFFICIAL 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 .
Status of Claims
Claims 1-20 are pending and under consideration on the merits.
Examiner Note
It is noted that all references hereinafter to Applicant’s specification are to the published
application US 2024/0030417 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 102 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Claim Objections
Claims 7 and 16-17 are objected to because of the following informalities:
Regarding claims 7 and 17, “film of lithium metal” constitutes inconsistent claim language relative to the phrase “lithium metal film” recited in claims 1 and 10. In order to overcome the objections, the following amendment is respectfully suggested for each claim: “film.”
Regarding claim 16, “…wherein the protective film is the protective film is selected from” constitutes a typo, which hinders the readability of the claims . In order to overcome the objection, the following amendment is respectfully suggested: “…wherein the protective film.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 9 and 10-19 are 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 claims 9, 10, and 18, the term “flexible” in the phrase “flexible conductive substrate” is a relative term which renders the claim indefinite. The term “flexible" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is noted that the broadest reasonable interpretation of the claimed term “flexible”, in view of the Applicant’s specification and for examination on the merits, is any degree of flexibility.
Claims 11-19 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly dependent upon claim 10 and therefore include, and do not remedy the aforementioned deficiencies.
Appropriate action is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-13 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Affinito et al. (US 2013/0017441 A1; “Affinito”).
Regarding claim 1, Affinito discloses a method of forming a protected electrode/anode [0022-0026, 0030-0034, 0086], wherein a current collector [element 34, 0034, FIG. 1] serves as the bottom surface of the anode [0053, 0072, 0131]. The method comprises forming layers of the protected electrode including an intervening layer [element 36, 0034, FIG. 1], on the current collector. Additionally, an electroactive layer, on the intervening layer, is a lithiated metal layer (forming a lithium metal film on a negative electrode) [element 46, 0034, 0129, FIG. 1].
Furthermore, forming a protective structure/multi-layered structure on the electroactive lithiated metal layer [element 30, 0034-0038, 0110-0112, 0136, 0142-0143, FIG. 1], of which includes a polymer layer (forming an interface film on the lithium metal film; interface film is a release film) [element 40, 0036, FIG. 1] and/or a single-ion conductive material (forming an interface film on the lithium metal film; interface film is a metal oxide film) [element 44, 0053, 0096, 0104-0109, FIG. 1]. The polymer layer is, inter alia, polyamide [0107] and the single-ion conductive material is, inter alia, ZrO2 [0096] (see MPEP 2131.02(II)). Additionally, the protective structure/multi-layered structure includes an outer Li-ion conduction layer (forming a protective film on the interface film) [0100-0101], of which is, inter alia, lithium phosphorus oxynitrides (LiPON) [0113].
Regarding claim 2, the rejection of claim 1 above reads on the interface film defined by claim 2.
Regarding claim 3, the rejection of claim 1 above reads on the interface film defined by claim 3.
Regarding claim 4, in view of the rejection of claim 1 above, Affinito further discloses that an electroactive material precursor, inclusive of the protective structure/multi-layered structure, is removed from between the lithiated metal layer and a separator [0055, 0071-0072, 0155].
Regarding claim 5, in view of the rejection of claim 1 above, Affinito further discloses that the lithiated metal layer is laminated on the anode [0034, 0129, FIG. 1].
Regarding claim 6, in view of the rejection of claim 1 above, Affinito further discloses that the intervening layer [element 36, 0034, FIG. 1] is suitably formed from a nonmetal that is, inter alia, graphite (negative electrode comprises graphite) [0138] (MPEP 2131.02(II)).
Regarding claim 7, in view of the rejection of claim 1 above, Affinito further discloses that the lithiated metal layer may have a thickness of 2-5 microns [0130], of which is within the claimed range, about 1 to about 20 microns thick, thereby anticipating the claimed range (MPEP 2131.03).
Regarding claim 8, the rejection of claim 1 above reads on the protective film defined by claim 8.
Regarding claim 9, in view of the rejection of claim 1 above, and the rejection and corresponding interpretation of claim 9 under 112(b) above, Affinito further discloses that the anode is formed on, inter alia a copper current collector (flexible conductive substrate) [0133].
As stated above, it is noted that the claim term “flexible” is interpreted for examination on the merits in the broadest reasonable manner in view of Applicant’s specification, of which is any degree of flexibility. As such, the copper current collector reads on the claimed flexible conductive substrate (see MPEP 2111, MPEP 2111.01, and MPEP 2173.01(I)).
Regarding claim 10, Affinito discloses a method of forming a protected electrode/anode [0022-0026, 0030-0034, 0086], through a multistage deposition apparatus [0147-0148], wherein a copper current collector [element 34, 0034, 0133, FIG. 1] serves as the bottom surface of the anode [0053, 0072, 0131]. The method comprises forming layers of the protected electrode including an intervening layer [element 36, 0034, FIG. 1], on the copper current collector, thereby in totality reading on transferring a flexible conductive substrate having a negative electrode formed thereon through a processing region as claimed.
Additionally, an electroactive layer, on the intervening layer, is a lithiated metal layer [element 46, 0034, 0129, FIG. 1], and is formed by a method of physical vapor deposition through the multistage deposition apparatus (via a physical vapor deposition process in the processing region), such as, inter alia, thermal evaporation [0147]. Furthermore, forming the protective structure/multi-layered structure on the electroactive lithiated metal layer [element 30, 0034-0038, 0110-0112, 0136, 0142-0143, FIG. 1], of which includes a polymer layer [element 40, 0036, FIG. 1] and/or a single-ion conductive material [element 44, 0053, 0096, 0104-0109]. The polymer layer is, inter alia, polyamide [0107] and the single-ion conductive material is, inter alia, ZrO2 [0096]. Additionally, the protective structure/multi-layered structure includes an outer Li-ion conduction layer [0100-0101], of which is, inter alia, LiPON [0113].
Additionally, as stated above, it is noted that the claim term “flexible” is interpreted for examination on the merits in the broadest reasonable manner in view of Applicant’s specification, of which is any degree of flexibility. As such, the copper current collector reads on the claimed flexible conductive substrate (see MPEP 2111, MPEP 2111.01, and MPEP 2173.01(I)).
Regarding claim 11, the rejection of claim 10 above reads on the physical vapor deposition process defined by claim 11.
Regarding claim 12, in view of the rejection of claim 10 above, Affinito further discloses that the intervening layer [element 36, 0034, FIG. 1] is suitably formed from a nonmetal that is, inter alia, graphite (graphite) [0138].
Regarding claim 13, the rejection of claim 10 above reads on the interface film defined by claim 13.
Regarding claim 15, the rejection of claim 10 above reads on the protective film defined by claim 15.
Regarding claim 16, the rejection of claim 10 above reads on the protective film defined by claim 16.
Regarding claim 17, in view of the rejection of claim 10 above, Affinito further discloses that the lithiated metal layer may have a thickness of 2-5 microns [0130], of which is within the claimed range, about 1 to about 20 microns thick, thereby anticipating the claimed range (MPEP 2131.03).
Regarding claim 18, the rejection of claim 10 above reads on the flexible conductive substrate defined by claim 18.
Regarding claim 19, in view of the rejection of claim 10 above, Affinito further discloses that the outer Li-ion conduction layer is removed [0055, 0071-0072, 0114, 0155], thereby combining the anode and cathode [0155].
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.
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Affinito as applied to claim 10 under 35 U.S.C. 102(a)(1) above.
Regarding claim 14, Affinito discloses the method of claim 10, set forth above in the rejection under 102(a)(1).
Affinito remains silent regarding the interface film is selected from ZrO2, Li2ZrO3, or a combination thereof and at least one of LiF, Al2O3, LiAIO2, LiAl5O8, Li2O.
However, Affinito discloses that the single-ion conductive material preferably has multiple layers [0099], of which includes, inter alia, ZrO2 [0096], and may also include a modifier, of which is, inter alia, a lithium aluminate or Li2O [0113] (see MPEP 2144.07).
Therefore, given that Li2O would have been readily recognized by one of ordinary skill in the art as a suitable modifier (MPEP 2144.07) for combination with ZrO2 in accordance with the explicit teachings of Affinito, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected Li2O as the modifier from the finite list thereof, in order to have achieved the predictable result of reduction in the surface roughness of the layer(s) [Affinito, 0113] (MPEP 2143(E)).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Affinito, in view of Mengqun et al. (US 2014/0370360 A1; “Mengqun”).
Regarding claim 20, Affinito discloses a method of forming a protected electrode/anode [0022-0026, 0030-0034, 0086], wherein a current collector [element 34, 0034, FIG. 1] serves as the bottom surface of the anode [0053, 0072, 0131]. The method comprises forming layers of the protected electrode including an intervening layer [element 36, 0034, FIG. 1], on the current collector, of which is formed from a metal, nonmetal, or a combination thereof, wherein the metal is, inter alia, silicon, and the nonmetal is, inter alia, graphite [0136-0138]. Additionally, an electroactive layer, on the intervening layer, is a lithiated metal layer [element 46, 0034, 0129, FIG. 1].
Furthermore, forming the protective structure/multi-layered structure on the electroactive lithiated metal layer [element 30, 0034-0038, 0110-0112, 0136, 0142-0143, FIG. 1], of which includes a polymer layer [element 40, 0036, FIG. 1] and/or a single-ion conductive material [element 44, 0053, 0096, 0104-0109]. The polymer layer is, inter alia, polyamide [0107] and the single-ion conductive material is, inter alia, ZrO2 [0096] (see MPEP 2144.07). Additionally, the protective structure/multi-layered structure includes an outer Li-ion conduction layer [0100-0101], of which is, inter alia, LiPON (forming a protective film on the interface film, the protective film comprising a lithium-ion conducting material) [0113].
Affinito does not explicitly disclose that the anode has the specific combination of silicon and graphite.
Mengqun is directed to a secondary battery composition including multiple layers between the electrodes [0005-0021]. Mengqun teaches the negative electrode [element 20, 0079, 0086] including ten layers of graphene (graphite) used in combination with silicon oxide [0079-0082].
Affinito and Mengqun each constitute prior art which is directly analogous to the claimed invention – a ------negative electrode anode composition. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the intervening layer of Affinito to explicitly include silicon oxide in combination with graphite in order to increase the ion occlusion efficiency of the electrode as well as to prevent overheating of the battery [Mengqun, 0081] (see MPEP 2144.07).
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
Iyer et al., US 2017/0062873 A1 – is directed towards the preparation of the Li-stuffed garnet solid state electrolytes [0039], and teaches use of, inter alia, ZrO2, Li2ZrO3, LiAlO2, Li2O, Al2O3, and LiAl5O8 [0042-0044, 0154].
Chen et al., US 8187746 B2 – teaches that the negative electrode material is coated with, inter alia, Al2O3, and ZrO2, [ col. 6 ln. 50-55 and col. 11 ln. 4-11].
Xiao et al., US 2014/0205905 A1 – teaches a laminated battery cell structure [0068], a silicon-containing graphite negative electrode active material [0042], the negative electrode fabricated using physical vapor deposition [0067], use of LIF, Al2O3, and ZrO2 [0061-0062], and a removable substrate [0066].
Klaassen US 2010/0316913 A1 – teaches use of LIPON [0073-0074] and a copper foil on a SiO2 or polymer substrate [0081].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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