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 .
Claim Objections
Claims 6 & 15 are objected to because of the following informalities:
Claims 6 & 15 are objected to because of the limitation “a solvation process, comprising”. Suggested correction is “a solvation process, said aqueous electrolyte composition comprising”.
Appropriate corrections are required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ji (US 2021/0336293 A1) in view of Yadav (US 2022/0006078 A1).
Regarding Claims 1-2, Ji teaches an aqueous electrolyte composition (water-in-salt electrolyte or WiSE, [0097]), comprising: water (water-in-salt electrolyte comprises water, see [0097]); and a salt component (zinc halide, [0097]) which includes zinc chloride (zinc chloride ZnCl2, [00097]); wherein the zinc chloride is present in an amount ranging from 10 moles to 30 moles , based on 1 kilogram of the water (as required by claim 1) and wherein the zinc chloride is present in an amount ranging from 19 moles to 30 moles, based on 1 kilogram of the water (as required by Claim 2) (see [0098] which discloses exemplary water-in-salt electrolyte composition including 20 m ZnCl2 wherein molality (m) is a measure of the concentration defined as moles of solute per kilogram of solvent, [0087]).
Ji discloses a hybrid WiSE comprises water, a zinc halide and one or more additional metal halides, nonmetal halides or a combination thereof wherein the metal halide has a cation Qx+ which can be manganese Mn (see [0101]) and further discloses that the molar ratio of the Zn:Q may be 6:1 e.g. 30 m ZnCl2 and 5 m QClx. Additionally, Ji discloses that due to the additional metal cations of the metal halide, significant irreversible damage to the cathode can be prevented which further reduces the hydration shell of the Zn ions ([0102]). Further, Ji discloses that the metal halide reduces viscosity and/or lowers the melting temperature of the WiSE thus increasing electrolyte conductivity (see [0102]). Ji, however, does not explicitly disclose the aqueous electrolyte composition comprising manganese (II) acetate (as required by Claim 1) or wherein the manganese (II) acetate is present in an amount ranging from 0.5 moles to 5.0 moles, based on 1 kilogram of the water (as required by Claim 3) or wherein the manganese (II) acetate is present in an amount ranging from 1 mole to 5 moles, based on 1 kilogram of the water (as required by Claim 4) or wherein the manganese (II) acetate is present in an amount ranging from 1 mole to 3 moles, based on 1 kilogram of the water (as required by Claim 5).
Yadav teaches a MnO2-Zn battery comprising a cathode, anode and an electrolyte [0033] wherein electrolyte which is in contact with the cathode and anode can comprise of different electrolyte compositions [0035] wherein the electrolyte on the cathode side is the catholyte and the electrolyte in contact with the anode is the anolyte. Yadav further teaches additives for the catholyte which can help with boosting the performance of the cathode material and wherein additive for the catholyte may include manganese acetate or manganese chloride with a concentration between 0-5 M (see [0073]) . Yadav further describes that a water in salt electrolyte can be used as the catholyte wherein a water in salt electrolyte includes an electrolyte in which the salt concentration is above the saturation point [0083]. Additionally, Yadav teaches that said water in salt electrolyte can comprise water along with a suitable salt above its saturation point including said additives with regards to the aqueous catholyte [0083].
Yadav and Ji are analogous art to the claimed invention as both references are in the same field of zinc ion batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used manganese acetate which is used as a catholyte additive as taught by Yadav instead of the additional metal (Mn) halide in the water-in-salt electrolyte of Ji because the manganese acetate can help boost the performance of the cathode material wherein both manganese acetate and manganese chloride were utilized interchangeably for similar purposes and both manganese acetate and manganese chloride were known sources of additional cation which was what Ji had desired in order to achieve the above-described benefits of Ji.
Further regarding Claims 3-5, a result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the molal concentration of manganese(II) acetate is a variable that achieves the recognized result of affecting the performance of the cathode material, as disclosed by Yadav, thus making the molal concentration of manganese(II) acetate a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the concentration of manganese acetate of modified Ji such that the manganese (II) acetate is present in an amount ranging from 0.5 moles to 5.0 moles, based on 1 kilogram of the water (as required by Claim 3), the manganese (II) acetate is present in an amount ranging from 1 mole to 5 moles, based on 1 kilogram of the water (as required by Claim 4) and the manganese (II) acetate is present in an amount ranging from 1 mole to 3 moles, based on 1 kilogram of the water (as required by Claim 5) via routine experimentation, for the purpose of achieving a suitable boost to the performance of the cathode material wherein Ji discloses that due to the additional metal cations of the metal halide, significant irreversible damage to the cathode can be prevented which further reduces the hydration shell of the Zn ions and further that the metal halide reduces viscosity and/or lowers the melting temperature of the WiSE thus increasing electrolyte conductivity (see [0102]).
Regarding Claim 6, while modified Ji teaches all of the limitations as set forth above and further discloses coordination activity between zinc ions and water molecules [0105], it does not explicitly teach a solvation process, comprising: [Zn(H2O)6]2+ ion cluster; [ZnCl2+x(H2O)n]x- ion cluster, wherein x represents an integer ranging from 0 to 3, and n represents an integer ranging from 1 to 4; and [Mn(CH3COO)2+y(H2O)m]y- ion cluster, wherein y represents an integer ranging from 0 to 3, and m represents an integer ranging from 1 to 4.
In the Instant Specification, applicant discloses ([0056]) that the formation of ion cluster during the solvation process of zinc chloride and manganese acetate is dependent on the concentration of zinc chloride in the presence of water. Applicant specifically discloses that when the amount of zinc chloride be as high as 10 to 30 moles based on 1 kilogram of the water, the zinc chloride and the manganese (II) acetate may be dissolved in the water and subsequently form new coordinate bonds with water molecules, and thus almost all of the water molecules engage in the solvation process with the zinc chloride and the manganese (II) acetate resulting in the formation of ion and ion clusters with relatively few free water molecules ([0056]). Further, applicant discloses that the manganese acetate cluster is formed by the coordination of acetate ions and manganese ions which originate from manganese (II) acetate ([0058]).
Accordingly, it is reasonably interpreted given the above, that the [Zn(H2O)6]2+ and [ZnCl2+x(H2O)n]x- ion clusters are formed when the concentration of the zinc chloride is as high as 10 moles to 30 moles based on 1 kg of water and [Mn(CH3COO)2+y(H2O)m]y- ion clusters are formed by the presence of manganese ions and acetate ions. In comparison, as described above for Claims 1-2 & 3-5, modified Ji discloses a water-in-salt electrolyte or WiSE containing 20 m ZnCl2 (Ji, [0098]) and manganese acetate (Yadav, [0073]).
MPEP § 2112.01.II states that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. It is submitted that the water-in-salt electrolyte of modified Ji comprising 20 m ZnCl2 and manganese acetate is substantially identical to the aqueous electrolyte composition of the Instant Application, as set forth above, such that it would inherently possess the same properties, exhibit the same results, and thus anticipate the claimed limitation i.e. the aqueous electrolyte undergoes a solvation process, comprising: [Zn(H2O)6]2+ ion cluster; [ZnCl2+x(H2O)n]x- ion cluster, wherein x represents an integer ranging from 0 to 3, and n represents an integer ranging from 1 to 4; and [Mn(CH3COO)2+y(H2O)m]y- ion cluster, wherein y represents an integer ranging from 0 to 3, and m represents an integer ranging from 1 to 4
Regarding Claim 7, modified Ji teaches all of the limitations as set forth above and further teaches a zinc ion secondary battery (zinc metal battery, [0109]), comprising a manganese positive electrode (manganese-containing oxide, MnO2, [0113] wherein the broadest reasonable interpretation of the term “manganese positive electrode” in light of the original Instant Specification in [0088] includes MnO2), a negative electrode (zinc anode, [0116]) spaced apart from the manganese positive electrode (see [0110] & Figure 1A which shows the anode 120 separated from cathode 110 by the electrolyte 130 and separator 140), and an aqueous electrolyte (electrolyte 130, [0110]) in contact with the manganese positive electrode (MnO2) and the negative electrode (negative electrode Zn) (see [0083] which describes that the anolyte is in contact with the anode and the catholyte is in contact with the cathode).
Regarding Claim 8, modified Ji teaches all of the limitations as set forth above and further teaches wherein the negative electrode is selected from the group consisting of a zinc negative electrode, a copper negative electrode, a lead negative electrode, a tungsten negative electrode, and an indium negative electrode (zinc anode, [0116]).
Regarding Claims 9-14, Ji teaches an aqueous electrolyte composition (water-in-salt electrolyte or WiSE, [0097]) comprising: water (water-in-salt electrolyte comprises water, see [0097]); and a salt component which includes zinc chloride (zinc chloride ZnCl2, [00097]), manganese (II) salt (metal chloride wherein metal includes Mn, [0101]);
the manganese (II) salt being selected from the group consisting of manganese (II) chloride, manganese nitrate, manganese sulfate, manganese (II) perchlorate, manganese (II) bis(trifluoromethanesulfonyl)imide, and combinations thereof (metal chloride wherein metal includes Mn, [0101] & MnCl2 [0219]),
wherein the zinc chloride is present in an amount ranging from 10 moles to 30 moles, based on 1 kilogram of the water (as required by Claim 9) and wherein the zinc chloride is present in an amount ranging from 19 moles to 30 moles, based on 1 kilogram of the water (as required by Claim 10) (see [0098] which discloses exemplary water-in-salt electrolyte composition containing water including 20 m ZnCl2 wherein molality (m) is a measure of the concentration defined as moles of solute per kilogram of solvent, [0087]);
While Ji discloses that a hybrid WiSE can comprise an additional metal or non-metal halide or combinations thereof and further discloses that the metal of the metal halide can include lithium Li, sodium Na, potassium K, magnesium Mg, calcium Ca, it does not explicitly disclose the aqueous electrolyte composition comprising acetate, the acetate being selected from the group consisting of sodium acetate, potassium acetate, lithium acetate, magnesium acetate, calcium acetate, and combinations thereof (as required by Claim 9).
Yadav teaches a MnO2-Zn battery comprising a cathode, anode and an electrolyte [0033] wherein electrolyte can comprise of different electrolyte compositions [0035] wherein the electrolyte on the cathode side is the catholyte and the electrolyte in contact with the anode is the anolyte ([0083]). Yadav further teaches that lithium acetate additives can be present in the catholyte (see [0073] and the anolyte (see [0079]) and further discloses that additives in the cathode can help with boosting the performance of the cathode material and wherein additive for the catholyte may has a concentration between 0-5 M (see [0073]) . Yadav further describes that a water in salt electrolyte can be used as the catholyte wherein a water in salt electrolyte comprises water, salt and aforementioned additives [0083].
Yadav and Ji are analogous art to the claimed invention as both references are in the same field of zinc ion batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used lithium acetate which is used as a catholyte additive as taught by Yadav instead of the additional metal (Li) halide in the water-in-salt electrolyte of Ji because the lithium acetate can help boost the performance of the cathode material wherein both lithium acetate and lithium chloride were utilized interchangeably for similar purposes and both lithium acetate and lithium chloride were known sources of additional cation which was what Ji had desired in order to achieve the above-described benefits of Ji
Further regarding Claims 11 & 12, while modified Ji discloses that the catholyte additive i.e. lithium acetate has a concentration between 0 to 5 M and further discloses that said electrolyte can be a water in salt electrolyte containing said additive, it does not explicitly disclose wherein the acetate is present in an amount ranging from 1 mole to 10 moles, based on 1 kilogram of the water (as required by claim 11) and wherein the acetate is present in an amount ranging from 2 moles to 4 moles, based on 1 kilogram of the water (as required by claim 12).
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the molal concentration of the lithium acetate additive is a variable that achieves the recognized result of affecting the performance of the cathode material, as disclosed by Yadav, thus making the molal concentration of lithium acetate a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the concentration of the lithium acetate of modified Ji such that the acetate is present in an amount ranging from 1 mole to 10 moles, based on 1 kilogram of the water (as required by Claim 11) and the acetate is present in an amount ranging from 2 moles to 4 moles, based on 1 kilogram of the water (as required by Claim 12) via routine experimentation, for the purpose of achieving a suitable boost to the performance of the cathode material wherein Ji discloses that due to the additional metal cations of the metal halide, significant irreversible damage to the cathode can be prevented which further reduces the hydration shell of the Zn ions and further that the metal halide reduces viscosity and/or lowers the melting temperature of the WiSE thus increasing electrolyte conductivity (see [0102])..
Further regarding Claims 13 & 14, while modified Ji discloses an overlapping range in a WiSE electrolyte comprising 10-30m ZnCl2 and 0.5-20 m metal halide QCl ([0103], [0115]) wherein Q is selected from an alkali metal, an alkaline earth metal, a Group IIIA metal, a transition metal other than Zn such as Mn, see [0101]), and further wherein QCl can be extended to other metal halides other than LiCl such as MnCl2 for a different battery system (see [0219]), it does not explicitly disclose wherein the manganese (II) salt is present in an amount ranging from 0.5 moles to 5.0 moles, based on 1 kilogram of the water (as required by Claim 13) and wherein the manganese (II) salt is present in an amount ranging from 0.5 moles to 1.0 mole, based on 1 kilogram of the water (as required by Claim 14).
Yadav discloses that manganese chloride as a catholyte additive with a concentration between 0-5 M and further teaches that catholyte additives help boost the performance of the cathode material ([0073]).
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the concentration of manganese(II) salt is a variable that achieves the recognized result of affecting the performance of the cathode material, as disclosed by Yadav, thus making the concentration of manganese(II) salt a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the concentration of manganese chloride of modified Ji such that the manganese (II) salt is present in an amount ranging from 0.5 moles to 5.0 moles, based on 1 kilogram of the water (as required by Claim 13), the manganese (II) salt is present in an amount ranging from 0.5 mole to 1 mole, based on 1 kilogram of the water (as required by Claim 14) via routine experimentation, for the purpose of achieving a suitable boost to the performance of the cathode material.
Regarding Claim 15, while modified Ji teaches all of the limitations as set forth above and further discloses coordination activity between zinc ions and water molecules [0105], it does not explicitly teach a solvation process, comprising: [Zn(H2O)6]2+ ion cluster; [ZnCl2+x(H2O)n]x- ion cluster, wherein x represents an integer ranging from 0 to 3, and n represents an integer ranging from 1 to 4; and [Mn(CH3COO)2+y(H2O)m]y- ion cluster, wherein y represents an integer ranging from 0 to 3, and m represents an integer ranging from 1 to 4.
In the Instant Specification, applicant discloses ([0056]) that the formation of ion cluster during the solvation process of zinc chloride and manganese acetate is dependent on the concentration of zinc chloride in the presence of water. Applicant specifically discloses that when the amount of zinc chloride be as high as 10 to 30 moles based on 1 kilogram of the water, the zinc chloride and the manganese (II) acetate may be dissolved in the water and subsequently form new coordinate bonds with water molecules, and thus almost all of the water molecules engage in the solvation process with the zinc chloride and the manganese (II) acetate resulting in the formation of ion and ion clusters with relatively few free water molecules ([0056]). Further, applicant discloses that the manganese acetate cluster is formed by the coordination of acetate ions and manganese ions which originate from manganese (II) acetate ([0058]).
Accordingly, it is reasonably interpreted given the above, that the [Zn(H2O)6]2+ and [ZnCl2+x(H2O)n]x- ion clusters are formed when the concentration of the zinc chloride is as high as 10 moles to 30 moles based on 1 kg of water and [Mn(CH3COO)2+y(H2O)m]y- ion clusters are formed by the presence of manganese ions and acetate ions. In comparison, as described above for Claims 1-2 & 3-5, modified Ji discloses a water-in-salt electrolyte or WiSE containing 20 m ZnCl2 (Ji, [0098]) and manganese acetate (Yadav, [0073]).
MPEP § 2112.01.II states that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. It is submitted that the water-in-salt electrolyte of modified Ji comprising 20 m ZnCl2 and manganese acetate is substantially identical to the aqueous electrolyte composition of the Instant Application, as set forth above, such that it would inherently possess the same properties, exhibit the same results, and thus anticipate the claimed limitation i.e. the aqueous electrolyte undergoes a solvation process, comprising: [Zn(H2O)6]2+ ion cluster; [ZnCl2+x(H2O)n]x- ion cluster, wherein x represents an integer ranging from 0 to 3, and n represents an integer ranging from 1 to 4; and [Mn(CH3COO)2+y(H2O)m]y- ion cluster, wherein y represents an integer ranging from 0 to 3, and m represents an integer ranging from 1 to 4.
Regarding Claim 16, modified Ji teaches all of the limitations as set forth above and further teaches a zinc ion secondary battery (zinc metal battery, [0109]), comprising a manganese positive electrode (manganese-containing oxide, MnO2, [0113] wherein the broadest reasonable interpretation of the term “manganese positive electrode” in light of the original Instant Specification in [0088] includes MnO2), a negative electrode (zinc anode, [0116]) spaced apart from the manganese positive electrode (see [0110] & Figure 1A which shows the anode 120 separated from cathode 110 by the electrolyte 130 and separator 140), and an aqueous electrolyte (electrolyte 130, [0110]) in contact with the manganese positive electrode (MnO2) and the negative electrode (negative electrode Zn) (see [0083] which describes that the anolyte is in contact with the anode and the catholyte is in contact with the cathode).
Regarding Claim 17, modified Chen teaches all of the limitations as set forth above and further teaches wherein the negative electrode is selected from the group consisting of a zinc negative electrode, a copper negative electrode, a lead negative electrode, a tungsten negative electrode, and an indium negative electrode (zinc anode, [0116]).
Conclusion
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/F.V.O./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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