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 .
Status of Claims
Claims 1-10 are cancelled.
Claims 11-30 are rejected.
Claim Objections
Claim 30 is objected to because of the following informalities: in line 2 is missing “.” at the end of the claim sentence. 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 16 and 25 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.
Claim 16 recites the limitation "the conductive additives" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the conductive additives" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11-12, 14-16, 18, 20-21, 23-25, 27, and 29-30 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Zhu et al. (US 20140248543 A1, “Zhu”).
Regarding claim 11, Zhu discloses a battery electrode for an electrochemical battery cell (see abstract “lithium ion battery (LIB) electrodes”; see [0181] “electrochemical reaction” & “working electrode” reads on electrochemical battery cell), comprising: a metallic current collector (see abstract “current collector” & see [0006] “copper foil current collector” reads on metallic); and a primer interlayer applied to the metallic current collector (see [0082] “one or more active materials, preferably one or more active materials comprising silicon, is electrochemically deposited onto one or more conductive current collector structures which can be used as a current collector in a LIB anode”), the primer interlayer comprising a conductive additive and an electrochemically active, silicon-based nano active material (see [0082] “silicon is electrochemically deposited directly onto a copper current collector, and the Cu--Si composite material can form a LIB anode material, wherein the copper is a conductive current collector and the silicon is an active material for lithiation and delithiation during LIB charge and discharge cycling”; see [0084] “the first active material comprises nanostructures, e.g., nanowires” & “the one or more substrates includes a current collector comprising one or more copper structures and/or a second active material comprising one or more graphite structures”).
Regarding claim 20, Zhu discloses an electrochemical battery cell, comprising: a battery electrode (see abstract “lithium ion battery (LIB) electrodes”; see [0181] “electrochemical reaction” & “working electrode” reads on electrochemical battery cell), the battery electrode comprising a metallic current collector (see abstract “current collector” & see [0006] “copper foil current collector”); and a primer interlayer applied to the metallic current collector (see [0082] “one or more active materials, preferably one or more active materials comprising silicon, is electrochemically deposited onto one or more conductive current collector structures which can be used as a current collector in a LIB anode”), the primer interlayer comprising a conductive additive and an electrochemically active, silicon-based nano active material (see [0082] “silicon is electrochemically deposited directly onto a copper current collector, and the Cu--Si composite material can form a LIB anode material, wherein the copper is a conductive current collector and the silicon is an active material for lithiation and delithiation during LIB charge and discharge cycling”; see [0084] “the first active material comprises nanostructures, e.g., nanowires” & “the one or more substrates includes a current collector comprising one or more copper structures and/or a second active material comprising one or more graphite structures”).
Regarding claim 12 and claim 21, Zhu discloses the battery electrode of claim 11 and the electrochemical battery cell of claim 20, and further discloses wherein a silicon-based active material layer is applied to the primer interlayer (see [0082] “silicon is electrochemically deposited directly onto a copper current collector” & see [0084] “a current collector comprising one or more copper structures and/or a second active material” & “first active material can also be deposited directly onto the at least one current collector via electrochemical deposition”).
Regarding claim 14 and claim 23, Zhu discloses the battery electrode of claim 11 and the electrochemical battery cell of claim 20 and further discloses wherein the nano active material comprises an average size (i) between 50 nm and 500 nm (see [0055] “nanostructure” & “less than about 500 nm” which lies within the claimed range).
Regarding claim 15 and claim 24, Zhu discloses the battery electrode of claim 11 and the electrochemical battery cell of claim 20 and further discloses wherein the nano active material comprises (iii) a silicon alloy (see [0079] “silicon (Si)” & “alloys thereof”).
Regarding claim 16 and claim 25, Zhu discloses the battery electrode of claim 11 and the electrochemical battery cell of claim 20 and further discloses wherein the primer interlayer comprises a ratio, in percent by weight, of the conductive additives to nano active material between 99:1 and 1:99 (see [0071] “50% carbon by mass” which lies within the claimed range).
Regarding claim 18 and claim 27, Zhu discloses the battery electrode according to claim 11 and the electrochemical battery cell of claim 20 and further discloses wherein the current collector is configured as a copper foil (see [0006] “copper foil current collector”).
Regarding claim 29, Zhu discloses a method for forming a battery electrode for an electrochemical battery cell (see abstract “manufacturing methods” & “lithium ion battery (LIB) electrodes”), comprising: providing a metallic current collector (see abstract “current collector” & see [0006] “copper foil current collector” reads on metallic); and applying a primer interlayer to the metallic current collector (see [0082]), the primer interlayer comprising a conductive additive and an electrochemically active, silicon-based nano active material (see [0082], [0084]).
Regarding claim 30, Zhu discloses the method of claim 29 and further discloses further comprising applying a silicon-based active material layer to the primer interlayer (see [0082] “silicon”; see [0084] “a current collector comprising one or more copper structures and/or a second active material” & “first active material can also be deposited directly onto the at least one current collector via electrochemical deposition”).
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.
Claims 13, 17, 19, 22, 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 20140248543 A1, “Zhu”).
Regarding claim 13 and claim 22, Zhu discloses the battery electrode of claim 11 and the electrochemical battery cell of claim 20, and further discloses wherein the primer interlayer comprises a layer thickness “1 µm to 25 µm” (see [0128]) which overlaps the claimed range of between 100 nm and 5 µm.
Zhu discloses a range of 1 µm to 25 µm, which overlaps with the claimed range of between 100 nm and 5 µm. MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'.
Regarding claim 17 and claim 26, Zhu discloses the battery electrode of claim 11 and the electrochemical battery cell of claim 20 and further discloses wherein the primer interlayer (6) additionally includes a binder (12) in a content between 2 wt% and 40 wt% (see [0171] “ratio of binder” & “less than 5” which overlaps the claimed range).
Zhu discloses a range of “less than 5”, which overlaps with the claimed range of between 2 wt% and 40 wt%. MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'.
Regarding claim 19 and claim 28, Zhu discloses the battery electrode of claim 11 and the electrochemical battery cell of claim 20, and further discloses wherein the current collector comprises a layer thickness (i) between 1 µm and 20 µm (see [0128] “1 µm to 25 µm” which overlaps the claimed range).
Zhu discloses a range of “1 µm to 25 µm”, which overlaps with the claimed range of between 1 µm and 20 µm MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'.
Conclusion
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/S.A.A./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
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