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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: parts 286 and 292 in Fig. 6 and part 336 in Fig. 7. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 3, 6, 7, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20190036154 A1).
Regarding claim 1, Kim teaches a lithium secondary battery comprising a positive electrode (100), a negative electrode, a separator disposed between them and an electrolyte [0056 and 0057]. The negative electrode includes a negative electrode current collector and a negative electrode mixture layer disposed on the negative electrode current collector [0058]. The positive electrode (100) includes a current collector (10), a first positive electrode mixture layer (21) laminated on the positive electrode current collector (10), and a second positive electrode mixture layer (22) laminated on the first positive electrode mixture layer (21) [0016]. The first and second positive electrode mixture layers (21 and 22) may be prepared employing a positive electrode active material, a conductive material and a binder, respectively [0017]. It is taught that the second positive electrode mixture layer (22) may comprise lithium cobalt oxide (LiCoO2) (lithium-ion source) as positive electrode active material and titanium oxide (capacitor material) as conductive material, among other materials [0020 and 0042].
From the above description, the first positive electrode mixture layer (21) meets the limitation a “cathode coating arranged on a cathode current collector” and the second positive electrode mixture layer (22) meets the limitation “a dual function interlayer comprising capacitor material and lithium-ion source material between the cathode coating and the separator”.
Regarding claim 3, Kim teaches all the elements of the current invention in claim 1. Kim further teaches that its separator can be coated with a ceramic component [0063]. From claim 1 discussion and because the separator was placed between the positive and negative electrode, the limitation “a ceramic layer arranged between the dual function interlayer and the separator” is met.
Regarding claims 6 and 7, Kim teaches all the elements of the current invention in claim 1. From claim 1 discussion, the employment of lithium cobalt oxide (LiCoO2) (lithium-ion source) (claim 7) and titanium oxide (capacitor material) (claim 6), among other materials, on the second positive electrode mixture layer (22) (dual function interlayer) [0020 and 0042], was addressed.
Regarding claim 9, Kim teaches all the elements of the current invention in claim 1. Kim further teaches that its second positive electrode mixture layer (22) (dual function interlayer) comprise a binder, which may be polyvinylidene fluoride (PVDF), among other materials [0017 and 0052].
Regarding claim 10, Kim teaches all the elements of the current invention in claim 1. Kim further teaches that its first positive electrode mixture layer (21) (cathode coating) may comprise a lithium manganese complex oxide having a spinel structure [0020].
Claims 11-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 20200014056 A1).
Regarding claim 11, Park teaches an electrode, which can be a positive electrode, for a rechargeable battery in which a current collector is coated with first electrode composite layer and the second electrode composite layer is formed directly on the first electrode composite layer [0016-0018, claim 1 and 4]. Both the first and second electrode composite layers include a binder and an electrode active material [0017 and 0018]. The electrode is formed by first applying the first electrode composite slurry on the current collector and drying it, then applying the second electrode composite slurry on the first electrode composite layer and drying the electrode assembly [claim 10]. Among materials employable on the first and second electrode composite layer, an electrode active material, which may be lithium cobalt oxide (LiCoO2) (lithium-ion source), and a conductive metal oxide, such as titanium oxide (capacitor material), are mentioned [0032 and 0041]. Despite it is not directly taught, the employment of a solvent to create electrode composite slurries is implicit. From the previous description the first electrode composite layer met the limitation of being a “cathode coating”, while the second electrode composite layer met the limitation of being a “dual function layer”.
Regarding claims 12 and 13, Park teaches all the elements of the current invention in claim 11. As taught for claim 11, the second electrode composite layer (dual function layer) may comprise lithium cobalt oxide (LiCoO2) (lithium-ion source) (claim 13), and a conductive metal oxide, such as titanium oxide (capacitor material) (claim 12) [0032 and 0041], among other materials.
Regarding claims 15, Park teaches all the elements of the current invention in claim 11. Park further teaches that lithium manganese composite oxide having a spinel structure represented by LiNixMn2−xO4 can be employed as active material on its first electrode composite layer (cathode coating) [0032].
Claims 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou (US 20190319239 A1), evidenced by Chhillar et al. (Compositional characterization of lithium titanate ceramic samples by determining Li, Ti and O concentrations simultaneously using PIGE at 8 MeV proton beam, see NPL documents for citation).
Zhou teaches a separator for an electrochemical device, including a porous substrate (1), a first coating layer (2) arranged on the porous substrate (1) and a second coating layer (3) arranged on the first coating layer (2) [Abstract, 0040 and Fig. 1]. The first coating layer (2) includes a material able to reversibly intercalate and deintercalated lithium and a first binder. As the material able to reversibly intercalate and deintercalated lithium, silicon oxides, silicon-carbon composites, titanium-niobium oxide and lithium titanate are mentioned, among others [0042]. The second coating layer (3) includes one or both of inorganic particles and a polymer [0044]. The employable inorganic particles may comprise at least one of: inorganic particles with a dielectric constant of 5 or more, inorganic particles with piezoelectricity, and inorganic particles with lithium ion conductivity [claim 7]. Among the previous mentioned inorganic particles lithium nitrides and several metal oxides may be employed [claims 8-10].
Zhou’s separator is made by preparing a first and second slurries, with the first and second coating layer materials described above and suitable solvents [0059]. The first slurry is coated on the porous substrate (1) and dried. Then the second slurry is coated onto the surface of the first coating layer and it is dried [0059]. The prepared separator is interposed between a positive electrode and a negative electrode in the electrochemical device [0088].
Regarding the employment of lithium titanate in the first coating layer (2), as described above, Chhillar evidence that it is a ceramic material [Title and p. 463; col. 2; par. 1].
From the above teachings, the first coating layer (2) met the limitation a “ceramic layer”, the second coating layer (3) met the limitation “a dual function interlayer” and the remaining limitations are met as well.
Regarding claims 17 and 18, Zhou, evidenced by Chhillar, teaches all the elements of the current invention in claim 16. From claim 16 discussion, it is taught that the second coating layer (3) (dual function layer) may include lithium nitrides (lithium-ion source) (claim 18) and several metal oxides (capacitor material) (claim 17) [claims 8-10].
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 non-obviousness.
Claims 2, 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190036154 A1) as applied to claim 1 above, further in view of Kong et al. (US 20210151260 A1).
Regarding claim 2, Kim teaches all the elements of the current invention in claim 1, except “a capacitor layer arranged between the separator and the anode coating”.
Kong teaches an electrochemical cell (20) including a negative electrode (30), a positive electrode (40), and a separator (52) disposed between the electrodes (30 and 40) [0047 and Fig. 1]. The negative electrode (30) includes a negative electrode current collector (32) on which a first region or layer (31) comprising the negative electroactive material particles (34) and a second region or layer (37) comprising the one or more first capacitor materials (36) are disposed [0074 and Fig. 1]. The positive electrode (40) includes a positive electrode current collector (42) on which a first region layer (41) comprising the positive electroactive material particles (44) and a second region or layer (47) comprising the one or more second capacitor materials (46) are disposed [0083 and Fig. 1]. Regarding the first and second capacitor materials (36 and 46) it is taught that it may be the same or not, and it may include one or more materials such as metal oxides, activated carbon and titanium disulfide (TiS2), among others [0076, 0077 and 0085]. It is taught that capacitor-material coatings or layers disposed on exposed surfaces of an electrode may assist lithium deintercalation and intercalation in respective electrodes [0046].
Kim is analogous art to the current invention because it is concerned with the same field of endeavor, namely a battery cell comprising a cathode electrode comprising a cathode coating arranged on a cathode current collector, a separator, a dual function interlayer comprising capacitor material and lithium-ion source material arranged between the cathode coating and the separator and an anode electrode arranged adjacent to the separator and comprising an anode coating arranged on an anode current collector.
Kong is analogous art to the current invention because it is concerned with the same field of endeavor, namely a battery cell comprising a cathode electrode comprising a cathode coating arranged on a cathode current collector, a separator, an anode electrode arranged adjacent to the separator and comprising an anode coating arranged on an anode current collector and capacitor layers arranged on each of the cathode and anode coating layers.
If the negative electrode of by Kim is modified to include a capacitor layer on its negative electrode mixture layer, as taught by Kong, the claimed limitations would be met.
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 modify the negative electrode of Kim to include a “capacitor layer” on its negative electrode mixture layer, because Kong teaches that it may assist lithium deintercalation and intercalation in the electrode.
Regarding claim 4, Kim teaches all the elements of the current invention in claim 1. Kim further teaches that its separator can be coated with a ceramic component [0063]. Kim does not teach the feature “a capacitor layer arranged between the separator and the anode coating”.
Kong teaches an electrochemical cell (20) including a negative electrode (30), a positive electrode (40), and a separator (52) disposed between the electrodes (30 and 40) [0047 and Fig. 1]. The negative electrode (30) includes a negative electrode current collector (32) on which a first region or layer (31) comprising the negative electroactive material particles (34) and a second region or layer (37) comprising the one or more first capacitor materials (36) are disposed [0074 and Fig. 1]. The positive electrode (40) includes a positive electrode current collector (42) on which a first region layer (41) comprising the positive electroactive material particles (44) and a second region or layer (47) comprising the one or more second capacitor materials (46) are disposed [0083 and Fig. 1]. Regarding the first and second capacitor materials (36 and 46) it is taught that it may be the same or not, and it may include one or more materials such as metal oxides, activated carbon and titanium disulfide (TiS2), among others [0076, 0077 and 0085]. It is taught that capacitor-material coatings or layers disposed on exposed surfaces of an electrode may assist lithium deintercalation and intercalation in respective electrodes [0046].
Kim is analogous art to the current invention because it is concerned with the same field of endeavor, namely a battery cell comprising a cathode electrode comprising a cathode coating arranged on a cathode current collector, a separator, a dual function interlayer comprising capacitor material and lithium-ion source material arranged between the cathode coating and the separator and an anode electrode arranged adjacent to the separator and comprising an anode coating arranged on an anode current collector.
Kong is analogous art to the current invention because it is concerned with the same field of endeavor, namely a battery cell comprising a cathode electrode comprising a cathode coating arranged on a cathode current collector, a separator, an anode electrode arranged adjacent to the separator and comprising an anode coating arranged on an anode current collector and capacitor layers arranged on each of the cathode and anode coating layers.
If the negative electrode of Kim is modified to include a capacitor layer on its negative electrode mixture layer, as taught by Kong, then the capacitor layer would be arranged between the separator and the anode coating, and from Kim’s teachings above a ceramic layer would be arranged between the capacitor layer and the separator.
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 modify the negative electrode of Kim to include a “capacitor layer” on its negative electrode mixture layer, because Kong teaches that it may assist lithium deintercalation and intercalation in the electrode.
Regarding claim 5, Kim teaches all the elements of the current invention in claim 1. Kim further teaches that its separator can be coated with a ceramic component [0063]. Kim does not teach the feature “a capacitor layer arranged between the separator and the anode coating; and a first ceramic layer arranged between the dual function interlayer and the separator; and a second ceramic layer arranged between the capacitor layer and the separator”.
Kong teaches an electrochemical cell (20) including a negative electrode (30), a positive electrode (40), and a separator (52) disposed between the electrodes (30 and 40) [0047 and Fig. 1]. The negative electrode (30) includes a negative electrode current collector (32) on which a first region or layer (31) comprising the negative electroactive material particles (34) and a second region or layer (37) comprising the one or more first capacitor materials (36) are disposed [0074 and Fig. 1]. The positive electrode (40) includes a positive electrode current collector (42) on which a first region layer (41) comprising the positive electroactive material particles (44) and a second region or layer (47) comprising the one or more second capacitor materials (46) are disposed [0083 and Fig. 1]. Regarding the first and second capacitor materials (36 and 46) it is taught that it may be the same or not, and it may include one or more materials such as metal oxides, activated carbon and titanium disulfide (TiS2), among others [0076, 0077 and 0085]. It is taught that capacitor-material coatings or layers disposed on exposed surfaces of an electrode may assist lithium deintercalation and intercalation in respective electrodes [0046].
Kim is analogous art to the current invention because it is concerned with the same field of endeavor, namely a battery cell comprising a cathode electrode comprising a cathode coating arranged on a cathode current collector, a separator, a dual function interlayer comprising capacitor material and lithium-ion source material arranged between the cathode coating and the separator and an anode electrode arranged adjacent to the separator and comprising an anode coating arranged on an anode current collector.
Kong is analogous art to the current invention because it is concerned with the same field of endeavor, namely a battery cell comprising a cathode electrode comprising a cathode coating arranged on a cathode current collector, a separator, an anode electrode arranged adjacent to the separator and comprising an anode coating arranged on an anode current collector and capacitor layers arranged on each of the cathode and anode coating layers.
If the negative electrode of by Kim is modified to include a capacitor layer on its negative electrode mixture layer, as taught by Kong, then the capacitor layer would be arranged between the separator and the anode coating. From Kim’s teachings as discussed for claim 1, the separator ceramic coating part facing the second positive electrode mixture layer (22) (dual function layer) would met the limitation “a first ceramic layer arranged between the dual function interlayer and the separator” and the separator ceramic coating part facing the modified capacitor layer on Kim’s negative electrode, as taught above, would met the limitation “a second ceramic layer arranged between the capacitor layer and the separator”.
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 modify the negative electrode of Kim to include a “capacitor layer” on its negative electrode mixture layer, because Kong teaches that it may assist lithium deintercalation and intercalation in the electrode.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190036154 A1) as applied to claim 3 above, further in view of Jang et al. (A review of functional separators for lithium metal battery applications, see NPL documents for citation).
Regarding claim 8, Kim teaches all the elements of the current invention in claim 3, except “wherein the ceramic layer is selected from a group consisting of aluminum oxide, silicon dioxide, a metal oxide, a metal sulfide, and combinations thereof”.
Jang teachings are related to stabilization and improvement techniques adopted to prepare functional separators for lithium metal battery applications [Tittle and p. 2; par. 3]. It is taught that various forms of organic materials have been applied as separators coatings, among which silica (SiO2) and alumina (Al2O3) (aluminum oxide) can be mentioned [p. 8; par. 1, 3 and 4]. It us further taught that silica (SiO2) can be used to increase the thermal stability of separators and that separators including alumina (Al2O3) (aluminum oxide) can exhibit a stable cyclic performance at high temperatures [p. 8; par. 3 and 4].
Kim is analogous art to the current invention because it is concerned with the same field of endeavor, namely a battery cell comprising a cathode electrode comprising a cathode coating arranged on a cathode current collector, a separator, a dual function interlayer comprising capacitor material and lithium-ion source material arranged between the cathode coating and the separator and an anode electrode arranged adjacent to the separator and comprising an anode coating arranged on an anode current collector.
Jang can be considered analogous art to the current invention because it is concerned with stabilization and improvement techniques adopted to prepare functional separators for lithium metal battery applications. Despite this application is not directly related to lithium metal batteries, Jang teachings and advantages can be applicable to other separators.
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 modify the separator ceramic coating of Kim to include silica (SiO2) or alumina (Al2O3) (aluminum oxide), because Jang teaches that silica (SiO2) can be used to increase the thermal stability of separators and that separators including alumina (Al2O3) (aluminum oxide) can exhibit a stable cyclic performance at high temperatures.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20200014056 A1) as applied to claim 11 above.
Regarding claim 14, Park teaches all the elements of the current invention in claim 11. Park further teaches that in its second electrode composite layer (dual function layer) the binder may be between 1-15 wt.% with respect to a total weight of the electrode composite layers [0037] and that the content of the conductive material may be 20-100 parts by weight based on 100 parts by weight of the binder [claim 9]. Additionally, the second electrode composite layer (dual function layer) may comprise a viscosity controlling agent added in the amount of 30 wt. % with respect to the total weight of the electrode mixture [0046]. From the above teachings, taking the extreme values, the content of the employable LiCoO2 (lithium-ion source) in the second electrode composite layer (dual function layer) may be between 40-68.8 wt. %, which overlaps the claimed range.
Park is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a dual function layer for a battery cell, comprising providing film including a cathode electrode including a cathode coating arranged on a cathode current collector; creating a slurry by mixing a capacitor material, a lithium-ion source material, a polymer binder, and a solvent; delivering the slurry onto the cathode coating to create a dual function interlayer; and heating the cathode electrode and the dual function interlayer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the LiCoO2 (lithium-ion source) in the second electrode composite layer (dual function layer) range calculated from Park teachings because overlapping ranges have been held to be a prima facie case of obvious. 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). See MPEP § 2144.05.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable under Zhou (US 20190319239 A1), evidenced by Chhillar et al. (Compositional characterization of lithium titanate ceramic samples by determining Li, Ti and O concentrations simultaneously using PIGE at 8 MeV proton beam, see NPL documents for citation) as applied to claim 16 above.
Regarding claim 19, Zhou, evidenced by Chhillar, teaches all the elements of the current invention in claim 16. Zhou further teaches that the weight percentage of the inorganic particles in the mixture of the inorganic particles and the second binder is in a range from 40% to 99%, by taking the total weight of the mixture as 100% [0027]. Since the second coating layer (3) (dual function layer) includes one or both of inorganic particles, which may be lithium nitrides (lithium-ion source) and several metal oxides (capacitor materials), and a polymer [0044 and claims 8-10], the amount of employed lithium nitrides (lithium-ion source) will be less than 100 wt. % of the inorganic particles, because two components are present. From the previous rationale, the employed amount of lithium nitrides (lithium-ion source) in the second coating layer (3) (dual function layer) will be less than 99% or less than 40% of the total weight of the layer, which will overlap the claimed range.
Zhou is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a dual function layer for a battery cell, comprising providing film including a separator and a ceramic layer; creating a slurry by mixing a capacitor material, a lithium-ion source material, a polymer binder, and a solvent; delivering the slurry onto the ceramic layer to create a dual function interlayer; and heating the separator, the ceramic layer, and the dual function interlayer to reduce the solvent.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the lithium nitrides (lithium-ion source) possible ranges reasoned from Zhou teachings because overlapping ranges have been held to be a prima facie case of obvious. 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). See MPEP § 2144.05.
Conclusion
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/G.R./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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