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
Claim 4 objected to because of the following informalities: the variable "δi" in the equation is not defined. Appropriate correction is required.
Claim 5 objected to because of the following informalities: the variables "δi+1", "δi" and "δn" in the equation are not defined. Appropriate correction is 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.
Claim(s) 1-5, 8-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez et al., (US 2021/0151761A1) as applied to claims above, and further in view of Wurm et al., (US 2021/0249647A1).
Regarding claim 1, Jimenez teaches a lithium-ion battery electrode (abstract), comprising:
a current collector and n electrode plate layers laminated on the current collector, n being an integer greater than or equal to 2, wherein ( [0064] Figure 5 shows an electrode 10,110 that includes a second layer 56 disposed on a first layer 54, n=2)
each of the electrode plate layers contains a pore-forming agent, and ([0066] the sacrificial polymer component may include, for example, polystyrene spheres, latex spheres, polyethyleneimine, and combinations thereof that may act as pore formers or shapers.)
a content of the pore-forming agent in each of the electrode plate layers gradually increases along a direction gradually away from the current collector; and ([0060] the plurality of pores 48 may be randomly arranged between the first surface 50 and the second surface 52 such that the porosity gradient 500 changes, e.g., increases or decreases, along the first direction 51. [0064] second electrode composition 232 may have a second porosity 200 that is different from the first porosity 100. The electrode 10, 110 may have a layered porosity that varies from layer 54 to layer 56. [0066] adjusting an amount of the sacrificial polymer component may enable tuning of the first porosity 100 of the electrode 10, 110.)
Jimenez does not teach
the pore-forming agent is selected from an electrolyte solution additive which is solid at normal temperature.
Wurm teaches electrodes for lithium ion batteries that comprise active material, binder, and particulate pore forming agent. [0017-0023] Wurm teaches the particulate pore former is selected from among at least one lithium salt and/or at least one organic carbonate which is solid at room temperature. It is also possible to use additives which can be added to the electrolyte in order to improve the properties of the latter, provided that these additives are present as solid. [0023] The process steps (a, mixing), (b, shaping), (c, compacted) and (d, formation of the cell) are preferably carried out at a temperature at which the particulate pore former is present as solid [0036] so that the pores can be opened in the final steps via heating and/or dissolution with electrolyte [0037-0038]. Choosing a pore former that can also be used as a constituent of an electrolytic composition does not have an adverse effect on the properties of the electrochemical cell and may contribute to the function of the electrochemical cell. [0022, 0038] Dissolved pore formers have a positive effect on the properties of the electrolyte composition, in particular the stability to high temperatures, ionic conductive, and/or the formation of the solid electrolyte interphase. [0044] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to select an electrolyte additive from Wurm into the electrode structure in Jimenez as a pore-forming agent that is solid at normal temperature to improve the electrolyte properties.
Regarding claim 2, Jimenez as modified by Wurm teaches, the electrode according to claim 1, wherein:
each of the electrode plate layer further contains an active material; and (Abstract - first electrode composition includes an active material component dispersed within the binder component and the conductive filler component.)
Jimenez does not specifically teach
a content of the pore-forming agent in a first electrode plate layer is between 0 and 4 parts by weight,
a content of the pore-forming agent in an nth electrode plate layer is between 1 and 10 parts by weight, and
Jimenez discloses a sacrificial polymer component may be present in the slurry 30 in an amount of from 0.5 parts by weight to 5 parts by weight. At amounts outside the aforementioned range, the first electrode composition 132 may not exhibit the excellent first porosity 100 of the claimed embodiments. [0066]. Further, Jimenez teaches adjusting an amount of the sacrificial polymer component may enable tuning of the first porosity 100 of the electrode 10, 110. [0066] The pore-forming content ranges disclosed by Jimenez overlaps the claimed ranges and can be applied to the first and nth electrode layer. Absent any additional and more specific information, a prima facie case of obviousness exists. (MPEP 2144.05(I))
Jimenez does not specifically teach:
a content of the pore-forming agent from a second to (n-1)th electrode plate layers is between 1 and 10 parts by weight, relative to 100 parts by weight of the active material, along the direction gradually away from the current collector.
Jimenez teaches the electrode 10, 110 may have a comparatively high porosity, a tailored porosity gradient 500, a layered composition, and/or a layered porosity, Fig.5, [0032]. The plurality of pores 48 may form a porosity gradient 500 within the first electrode composition 132 between the first surface 50 and the second surface 52, the plurality of pores 48 may be randomly arranged between the first surface 50 and the second surface 52 such that the porosity gradient 500 changes, e.g., increases or decreases, along the first direction 51. [0060] Jimenez discloses a second layer formed on top of the first layer [0065], Fig. 5, therefore n=2. Jimenez further teaches that adjusting an amount of the sacrificial polymer component to from 0.1 part by weight to 30 parts by weight may enable tuning of the first porosity 100 of the electrode 10, 110. [0066]. Lastly, the pore-forming content range for the layers disclosed by Jimenez overlaps the claimed range. Therefore, it follows that the pore-forming content for each layer is a result effective variable and it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to optimize the amount of pore-forming agent within the disclosed range to meet the claimed limitation.
Regarding claim 3, Jimenez, as modified by Wurm, teaches the electrode according to claim 1, wherein:
each of the electrode plate layers has a pore structure, and at least a portion of the pore structure is filled with the pore-forming agent; ([0066] the sacrificial polymer component may include, for example, polystyrene spheres, latex spheres, polyethyleneimine, and combinations thereof that may act as pore formers or shapers.)
Jimenez does not teach
along the direction gradually away from the current collector, a porosity δi of the pore structure in an ith electrode plate layer is:
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1<i<n, and i is an integer; εi represents a weight ratio of the pore-forming agent to the active material in the ith electrode plate layer; ρi represents a true density of the active material, measured in g/cm3; ρ2 represents an ultimate compaction density of the active material, measured in g/cm3; and ρ3 represents a true density of the pore-forming agent, measured in g/cm3.
The equation in the claimed limitation is a porosity calculation for electrode plate layer that accounts for the amount and density of pore-forming agents (e.g., εi represents a weight ratio of the pore-forming agent to the active material). Jimenez teaches that adjusting an amount of the sacrificial polymer component to from 0.1 part by weight to 30 parts by weight may enable tuning of the first porosity 100 of the electrode 10, 110. [0066]. The variables εi and ρ3 of the claimed porosity equation reflect the contribution of the pore-forming agent content in the electrode layer. Therefore the porosity taught by Jimenez is a result-effective variable. Having the porosity fit the claimed equation would be obvious, as it is optimizing the porosity feature. Further, when the characteristic recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Regarding claim 4, Jimenez, as modified by Wurm, does not teach the electrode according to claim 1, wherein in the electrode, an average porosity of the pore structures in the n electrode plate layers satisfies the following condition:
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di represents a thickness of an ith electrode plate layer, measured in µm.
Jimenez teaches that a porosity is configured within the electrode composition to minimize the expansion of the electrode and accommodate silicon particle growth during cycling of the lithium-ion electrochemical cell [0005]. Further, Jimenez teaches the electrode 10, 110 may have a comparatively high porosity, a tailored porosity gradient 500, a layered composition, and/or a layered porosity. [0032, Fig. 5]. Therefore, the gradient pore structure taught by Jimenez is a result-effective variable. Having the porosity fit the claimed equation would be obvious, as it is optimizing the porosity feature (even if the equation is itself is not appreciated).
Regarding claim 5, Jimenez, as modified by Wurm, does not specifically teach the electrode according to claim 1, wherein
in the electrode, porosities of the pore structures in two adjacent electrode plate layers satisfy the following condition:
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The claimed limitation equation is showing a gradient porosity difference in adjacent electrode plate layers. Jimenez teaches the plurality of pores 48 may be randomly arranged between the first surface 50 and the second surface 52 such that the porosity gradient 500 changes, e.g., increases or decreases, along the first direction 51; the first porosity 100 may vary along the first direction 51. In one non-limiting example, the porosity gradient 500 may be continuously variable along the first direction 51. [0060] Additionally or alternatively, the second electrode composition 232 may have a second porosity 200 that is different from the first porosity 100. That is, the electrode 10, 110 may have a layered porosity that varies from layer 54 to layer 56. [0064]. Further, Jimenez teaches that adjusting an amount of the sacrificial polymer component to from 0.1 part by weight to 30 parts by weight may enable tuning of the first porosity 100 of the electrode 10, 110. [0066]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention that the recited relationship is a linearly proportional relationship, (i.e., δi+1 increases by (δn – δ1)/n), and thus find it obvious that he disclosed proportional porosity increase reasonably overlaps the recited relationship; and thus find it further obvious to routinely select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to a prima facie case of obviousness. (MPEP 2144.05 (I))
Regarding claim 8, Jimenez, as modified by Wurm, teaches the electrode according to claim 1, wherein
n is an integer between 2 and 10. ( [0064] Figure 5 shows an electrode 10/110 that includes a second layer 56 disposed on a first layer 54.)
Regarding claim 9, Jimenez, as modified Wurm, teaches electrode according to claim 1, wherein
n is an integer between 2 and 5. ([0064], Figure 5 shows an electrode 10,110 that includes a second layer 56 disposed on a first layer 54.)
Regarding claim 10, Jimenez, as modified by Wurm, teaches the electrode according to claim 1, wherein
each of the electrode plate layers further contains a conductive agent and a binder, and ( [0045] For the electrode 10, 110, the binder component 28 may be present in the first electrode composition 132 in a first amount; the conductive filler component 24 may be present in the first electrode composition 132 in a second amount)
the active material is selected from at least one of lithium nickel cobalt manganese oxide, lithium iron phosphate, or lithium manganate; ([0037] The lithium-ion electrochemical cell 12 may incorporate lithium iron phosphate, . . . a mixed lithium-manganese-nickel-cobalt oxide, and combinations thereof as a material for the positive electrode 110)
the conductive agent is selected from at least one of carbon nanotubes, graphene, carbon black, or carbon fibers; ([0039] the conductive filler component 24 may include a conductive carbon. Suitable conductive carbon may be selected for electrical conductivity and may include, but is not limited to, carbon black, carbon fibers, carbon nanofibers, carbon nanotubes, graphite, graphene, and combinations thereof.)
the binder is selected from polyvinylidene fluoride and/or polytetrafluoroethylene; and ([0043] binder component 28 (FIG. 4) may include, for example, a polyimide or a polyacrylonitrile or polyvinylidene fluoride.)
Jimenez does not teach
the pore-forming agent is selected from at least one of lithium oxalyldifluoroborate, lithium bis(fluorosulfonyl)imide, lithium borate, lithium tetraborate, lithium tetrafluoroborate, lithium nitrate, or lithium chloride.
Wurm teaches the particulate pore former is selected from among at least one lithium salt and/or at least one organic carbonate which is solid at room temperature. As preferred lithium salts, mention may be made of those which are typically used as electrolyte salts in electrolyte compositions for electrochemical cells. Suitable lithium salts are preferably selected from the group consisting of lithium halides (LiCl, LiBr, LiI, LiF), . . lithium tetrafluoroborate , … lithium bis(fluorosulfonyl)imide ), .. lithium difluoro(oxalato)borate. [0023-0024]
Jimenez, as modified by Wurm, does not specifically teach:
a content of the conductive agent is between 0.1 and 5 parts by weight and
Jimenez discloses the conductive filler component 24 may be present in the first electrode composition 132 in an amount of from 2 parts by weight to 50 parts by weight based on 100 parts by weight of the first electrode composition 132. (t amounts outside the aforementioned ranges, the electrode 10, 110 may not exhibit the excellent first porosity 100, energy density, operating life, power performance, and charging speed of the claimed embodiments. [0045] The range of conductive filler amounts overlap the range of the claimed invention. Absent any additional and more specific information, a prima facie case of obviousness exists. (MPEP 2144.05(I))
Jimenez, as modified by Wurm, does not specifically teach
a content of the binder is between 0.5 and 5 parts by weight relative to 100 parts by weight of the active material;
Jimenez discloses the binder component 28 may be present in the first electrode composition 132 in an amount of from 3 parts by weight to 40 parts by weight, , based on 100 parts by weight of the first electrode composition 132. At amounts outside the aforementioned ranges, the electrode 10, 110 may not exhibit the excellent first porosity 100, energy density, operating life, power performance, and charging speed of the claimed embodiments. [0045] The range of binder component amounts disclosed in Jimenez overlap the range of the claimed invention. Absent any additional and more specific information, a prima facie case of obviousness exists. (MPEP 2144.05(I))
Regarding claim 11, Jimenez does not teach the electrode according to claim 1, wherein
the pore-forming agent is lithium oxalyldifluoroborate and/or lithium bis(fluorosulfonyl)imide.
Wurm teaches the particulate pore former is selected from among at least one lithium salt and/or at least one organic carbonate which is solid at room temperature. Furthermore, it is also possible to use additives which can be added to the electrolyte in order to improve the properties of the latter, provided that these additives are present as solid. Suitable lithium salts are preferably selected from the group consisting of . . . lithium bis(fluorosulfonyl)imide, [0023-0024]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to select the lithium salt in Wurm as a pore-forming additive in Jimenez to improve the properties of the electrolyte.
Regarding claim 12, Jimenez teaches a method for preparing
a lithium-ion battery electrode containing a current collector and n electrode plate layers laminated on the current collector, n being an integer greater than or equal to 2, (Abstract, first electrode composition has a first surface and a second surface spaced apart from and parallel to the first surface. [0064] Figure 5 shows an electrode 10,110 that includes a second layer 56 disposed on a first layer 54) the method comprising:
sequentially laminating and press-fitting n layers of electrode plates containing different contents of a pore-forming agent onto a current collector in ascending order of the contents of the pore-forming agent, to obtain the lithium-ion battery electrode, ( [0064] Figure 5 shows an electrode 10,110 that includes a second layer 56 disposed on a first layer 54, n=2, [0046] casting 36 onto the current collector 34, [0062] calendaring 64 may include pressing the electrode 10, 110 between two rollers (not shown) in a continuous process to smooth the first surface 50 and/or the second surface 52 and optimize the first porosity 100 of the electrode, [0065] electrode 10, 110 may be additively manufactured by casting 36 one or more additional layers onto the first layer 54)
a content of the pore-forming agent in each of the electrode plate layers gradually increases along a direction gradually away from the current collector; and ([0060] the plurality of pores 48 may be randomly arranged between the first surface 50 and the second surface 52 such that the porosity gradient 500 changes, e.g., increases or decreases, along the first direction 51. [0064] second electrode composition 232 may have a second porosity 200 that is different from the first porosity 100. The electrode 10, 110 may have a layered porosity that varies from layer 54 to layer 56. [0066] adjusting an amount of the sacrificial polymer component may enable tuning of the first porosity 100 of the electrode 10, 110.)
Jimenez does not teach
the pore-forming agent is selected from an electrolyte solution additive which is solid at normal temperature.
Wurm teaches the particulate pore former is selected from among at least one lithium salt and/or at least one organic carbonate which is solid at room temperature. It is also possible to use additives which can be added to the electrolyte in order to improve the properties of the latter, provided that these additives are present as solid. [0023] The process steps (a, mixing), (b, shaping), (c, compacted) and (d, formation of the cell) are preferably carried out at a temperature at which the particulate pore former is present as solid [0036] so that the pores can be opened in the final steps via heating and/or dissolution with electrolyte [0037-0038]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to select an additive from Wurm into the electrode structure in Jimenez as a pore-forming agent that is solid at normal temperature to improve the electrolyte properties.
Regarding claim 14, Jimenez does not teach a lithium-ion battery,
comprising a porous electrode, the porous electrode being obtained by soaking a lithium-ion battery electrode according to claim 1
Wurm teaches contacting the compact electrode with at least one liquid electrolyte composition or at least one liquid constituent of an electrolyte composition for an electrochemical cell, which is able to at least partially dissolve the at least one particulate pore former so as to obtain a porous electrode. [0016] In a further process step (f), the compact electrode is, in addition to or as an alternative to the process step (e), brought into contact with at least one liquid electrolyte composition or at least one liquid constituent of an electrolyte composition for an electrochemical cell. This is able to dissolve the pore formers according to the invention, and the liquid composition can remain in the electrochemical cell and serves as electrolyte composition. [0038] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to combine Wurm’s process of dissolving the pore-former with liquid electrolyte with Jimenez to create a porous electrode.
Claims 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez et al, (US 2021/0151761A1), hereinafter Jimenez as applied to the claims above, further in view of Wurm et al, (US 2021/0249647A1), hereinafter Wurm, and in further view of Umetsu et al, (US 2020/287234A1), hereinafter Umetsu.
Regarding claim 6, Jimenez as modified by Wurm, does not teach the electrode according to claim 1, wherein
a bulk density of the first electrode plate layer is between 2.55 g/cm3 and 2.75 g/cm3, a bulk density of the nth electrode plate layer is between 2.0 g/cm3 and 2.5 g/cm3, and bulk densities of from a second to (n-1)th electrode plate layers are between 2.0 g/cm3 and 2.70 g/cm3, along the direction gradually away from the current collector.
Umetsu teaches the bulk density of the positive electrode active material layer is preferably 1.0 g/cm3 or more and more preferably within the range of 1.2 g/cm3 to 4.5 g/cm3. If the bulk density of the positive electrode active material layer is 1.2 g/cm3 or more, high energy density can be demonstrated and size reduction of a power storage element can be achieved. If the bulk density of the positive electrode active material layer is 4.5 g/cm3 or less, diffusion of electrolyte in pores within the positive electrode active material layer is adequate and high output characteristics are obtained. [0157] The range of bulk densities in Umetsu overlap those of the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to incorporate the electrode bulk density of Umetsu into the electrode of Jimenez. Absent any additional and more specific information, a prima facie case of obviousness exists. (MPEP 2144.05(I))
Regarding claim 7, Jimenez as modified by Wurm does not each the electrode according to claim 1, wherein
in the electrode, a total thickness of the n electrode plate layers is between 20 pm and 200 µm.
Umetsu teaches the thickness of the positive electrode active material layer per side of the positive electrode current collector is preferably 20 μm to 200 μm. If the thickness of the positive electrode active material layer is 20 μm or more, adequate charge/discharge capacity can be demonstrated. If the thickness of the positive electrode active material layer is 200 μm or less, ion diffusion resistance within the positive electrode can be maintained at a low level. [0155] The thickness range of electrode plate layers in Umetsu overlap those of the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to incorporate the electrode thickness of Umetsu into the electrode of Jimenez. Absent any additional and more specific information, a prima facie case of obviousness exists. (MPEP 2144.05(I))
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Jimenez et al., (US 2021/0151761A1), hereinafter Jimenez as applied to the claims above, and in view of Wurm et al., (US 2021/0249647), hereinafter Wurm, and in further view of Lee et al., (US 2019/0319258), hereinafter Lee, and Yamada et al., (US 2017/0187041A1), hereinafter Yamada.
Regarding claim 13, Jimenez, as modified by Wurm, discloses a method of forming the electrode [Fig. 3] that includes mixing the conductive component, an active material component, a binder, and pore forming agent to form a slurry [0038][0066]; casting the slurry onto the current collector [0046]; calendaring [0062]; and heat treating [0063]. However, Jimenez does not specifically teach the method of claim 12, wherein the electrode plate is prepared by the following method:
air-crushing and mixing an active material, a conductive agent, a binder, and the pore-forming agent to obtain a mixed material;
heating and melting the mixed material, followed by electrostatic spinning to obtain a fibrous material; and
hot-pressing the fibrous material to obtain the electrode plate.
Yamada teaches
air-crushing and mixing an active material, a conductive agent, a binder, and the pore-forming agent to obtain a mixed material;
Yamada teaches the preparation of carbon material for a lithium ion battery electrode [0066-0070], including the use of air-flow crushers to adjust the particle size [0251] of the raw carbon used as electrode active material. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to incorporate the air-flow crushing in Yamada the electrode manufacturing process to adjust the particle size of the raw carbon to the desired sizes used in the electrode active material. The combination of prior art elements according to known methods is likely to be obvious when it does no more than yield predictable results.
Lee teaches:
heating and melting the mixed material, followed by electrostatic spinning to obtain a fibrous material; and
hot-pressing the fibrous material to obtain the electrode plate.
Lee teaches a method for manufacturing an electrode for a lithium ion battery for with a first coating layer including a mixture of electrode active material, binder, and conductive material formed by an electrospinning process. (Abstract, [0024], [0047]). The process includes forming a melt blend and mixing with conductive material, binder, and electrolyte active material to prepare the first mixture slurry. An electrospinning process is used to apply the slurry to the current collector. [0044-0047] Lee notes that the process makes it possible to disperse the conductive material homogeneously on the surface of the electrode active material without localization at a specific portion of the electrode. [0048] Lee further teaches a pressurization step, such has hot pressing, to pack the electrode so that the electrode may have an adequate level of porosity. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to incorporate the process steps of Lee into the electrode manufacturing process in Jimenez to create a homogeneously dispersed layer of active material (i.e., heating, melting, electrospinning) and provide an adequate level of porosity (hot pressing).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mario Gamboa whose telephone number is (571)272-9213. The examiner can normally be reached Mon-Thur 8:00 -5:00, Fri 8:00- 12:00 EST.
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/MARIO R GAMBOA/Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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