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 .
Election/Restrictions
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/14/.
Applicant's election with traverse of Group I, Species B in the reply filed on 8/3/2026 is acknowledged. The traversal is on the ground(s) that a search and an examination of all claims would place no undue burden on the Examiner. This is not found persuasive because there would be an undue search burden since Group I, Claims 1-2, 4-8, 11, 21-22, 29, 35-37, and 39-43, drawn to an anode structure, is classified in H01M 50/536, while Group II, Claim 2, drawn to a method of making an anode structure, is classified in H01M 4/1395. Because the groups are classified differently, they require search in different fields, therefore requiring undue burden towards the Examiner.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-8, 11, 21-22, 29, 35-37, and 39-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US20220102698A1), hereinafter Li, in view of Haraguchi (WO2013001792A1, machine translation attached).
Regarding claim 1, Li teaches an anode structure, comprising:
a first anode current collector (Fig. 13, 202 [0177]);
a first anode electroactive material layer comprising a lithium film [0137] deposited on a first side of the first anode current collector (Fig. 13, 21 [0177]); and
a first electrically non-conductive layer positioned adjacent a second side of the first anode current collector opposite the first side (Fig. 13, 201 [0339]).
Li does not specifically teach a first anode extension tab positioned adjacent the first anode electroactive material layer at a side opposite the first anode current collector;
and a first weld formed through a portion of the first anode electroactive material layer between at least a portion of the first anode extension tab and at a least a portion of the first anode current collector.
Haraguchi, however, teaches an anode comprising of a current collector (Fig. 2, 1b, pgs. 8-9) and an active material layer formed on a surface of the current collector (Fig. 2, 1a, pgs. 8-9). Haraguchi also teaches that a first anode extension tab positioned adjacent the first anode electroactive material layer at a side opposite the first anode current collector (Fig. 2, 2, pg. 9);
and a first weld formed through a portion of the first anode electroactive material layer between at least a portion of the first anode extension tab and at a least a portion of the first anode current collector (Fig. 2, 3, pg. 9).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Li anode structure so that it includes the Haraguchi anode extension tab and weld that is formed through a portion of the first active material layer and current collector. This is because the current collector and the electrode lead can be electrically connected (Haraguchi Pg. 4) and the entire laminate of the electrode plate body and the electrode lead can be firmly bonded together (Haraguchi pg. 13).
Regarding claim 2, Li teaches an anode structure, comprising:
an electrically non-conductive layer comprising a first side and a second side (Fig. 13, 201 [0339]);
a first anode current collector positioned adjacent the first side of the electrically non- conductive layer (Fig. 13, 202 [0177], upper current collector);
a second anode current collector positioned adjacent the second side of the electrically non- conductive layer (Fig. 13, 202 [0177], lower current collector);
a first anode electroactive material layer comprising a lithium film positioned adjacent the first anode current collector at a side opposite the electrically non-conductive layer (Fig. 13, 21 [0137], upper active material layer); and
a second anode electroactive material layer comprising a lithium film positioned adjacent the second anode current collector at a side opposite the electrically non-conductive layer (Fig. 13, 21 [0137], lower active material layer).
Li does not specifically teach a first anode extension tab welded through the first anode electroactive material layer to the first anode current collector; and
a second anode extension tab welded through the second anode electroactive material layer.
Haraguchi, however, teaches an anode extension tab welded through an anode electroactive material layer an anode current collector (Fig. 2, 1a,1b; pgs. 8-9); and
a second anode extension tab welded through the second anode electroactive material layer (Fig. 2, 1a,1b; pgs. 8-9).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Li anode structure so that there is a first anode extension tab welded through the first anode electroactive material layer to the first anode current collector and a second anode extension tab welded through the second anode electroactive material layer so both current collectors and active material layers can electrically connect to a terminal (Haraguchi Pg. 2).
Regarding claim 4, modified Li teaches an anode structure as in claim 1 further comprising a second electrically non-conductive layer positioned adjacent the first electrically non-conductive layer at a side opposite the first anode current collector (Li, 203 [0177]). This protective layer comprises of metal oxide, which is non-conductive (Li [0117]).
Regarding claim 5, modified Li teaches an anode structure as in claim 4, further comprising a second current collector positioned adjacent the second electrically non- conductive layer at a side opposite first electrically non-conductive layer (Li Fig. 13, 202 [0177], lower current collector).
Regarding claim 6, modified Li teaches an anode structure as in claim, further comprising a second anode electroactive material layer comprising a lithium film deposited on the second anode current collector at a side opposite the second electrically non-conductive layer (Li Fig. 13, 21 [0137], lower active material layer).
Regarding claim 7, modified Li teaches an anode structure as in claim 6, but does not specifically teach that it further comprises a second anode extension tab positioned adjacent the second anode electroactive material layer at a side opposite the second anode current collector.
However, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Li anode structure to add a second anode extension tab identical to the first anode extension tab (Haraguchi Fig. 2, 2) positioned adjacent the second anode electroactive material layer so both current collectors and active material layers can electrically connect to a terminal (Haraguchi Pg. 2).
Regarding claim 8, modified Li teaches an anode structure as in claim 7, but does not specifically teach that it further comprises a second weld formed through a portion of the second anode electroactive material layer between at least a portion of the second anode extension tab and at a least a portion of the second anode current collector.
However, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Li anode structure to add a second weld formed through a portion of the second anode electroactive material layer between at least a portion of the second anode extension tab and at a least a portion of the second anode current collector so that the second anode extension tab, the second current collector, and the second active material layer can be firmly bonded together (Haraguchi pg. 13).
Regarding claim 11, modified Li teaches an anode structure as in claim 1, wherein the lithium film is vapor deposited onto the first anode current collector (Li [0137[, [0177]). [E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (MPEP 2113).
Regarding claim 21, modified Li teaches an anode structure as in claim 7, wherein the first and/or second anode extension tab comprises an overhang extending outward from an edge of the first and/or second anode electroactive material layer (See Haraguchi fig. 2 below).
Regarding claim 22, modified Li teaches an anode structure as in claim 1, wherein the first weld is formed at an edge of the first anode current collector and/or the first anode electroactive material layer (See Haraguchi fig. 2 below).
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Regarding claim 29, modified Li teaches an anode structure as in claim 7, wherein the first anode electroactive material layer is electrically coupled to the second anode electroactive material layer via the first anode extension tab and/or the second anode extension tab (Haraguchi Fig. 2, 2 and 3).
Regarding claim 35, modified Li teaches an electrochemical cell comprising a plurality of the anode structures as in claim 1 (Li Fig. 20, 5 [0203]). Li teaches that a quantity of the electrode assemblies is not limited, and may be one or more [0203], meaning that there are a plurality of anode structures.
In addition, the duplication of prior art parts has been held to be an obvious variation. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); Petroleo Brasileiro S.A.-- Petrobras v. Comm’r of Patents and Trademarks, 2 USPQ2d 1720, 1721-22 (D.D.C. 1987) (affirming BPAI conclusion that using multiple reactors would have been obvious to one of skill in the art where the prior art teaches only a single, similar reactor); MPEP 2144.04 VI. B. It would be obvious to a person having ordinary skill in the art before the effective filing date to duplicate anode structures in order to produce more electricity in the battery.
Regarding claim 36, modified Li teaches an electrochemical cell as in claim 35, wherein the electrochemical cell comprises an electrolyte positioned adjacent the plurality of anode structures (Li [0203]).
Regarding claim 37, modified Li teaches an electrochemical cell as in claim 35, wherein the electrochemical cell comprises a plurality of cathodes arranged in alternating layers with the plurality of anode structures (Li [0201]).
Regarding claim 39, modified Li teaches an electrochemical cell as in claim 35, but does not specifically teach that the plurality of anode structures comprises a plurality of anode extension tabs arranged in a multilayer arrangement. However, since modified Li teaches an anode structure comprises an anode extension tab (Haraguchi Fig. 2, 3), it would be obvious that the plurality of anode structures would each comprise an anode extension tab.
Regarding claim 40, modified Li teaches an electrochemical cell as in claim 39, wherein the plurality of anode extension tabs is welded to an electrochemical cell tab (Haraguchi pg. 2). Haraguchi teaches that the anode extension tabs are connected to an “external terminal” which is an electrochemical cell tab (Haraguchi pg. 2).
Regarding claim 41, modified Li teaches an electrochemical cell as in claim 39, wherein a plurality of anode electroactive material layers of the plurality of anode structures is electrically coupled to each other via the plurality of anode extension tabs (Haraguchi pg. 34). Since Haraguchi teaches that the extension tabs are all welded, or electrically coupled, to an electrochemical cell tab (Haraguchi pg. 34), then the extension tabs are electrically coupled to each other, meaning that the plurality of active material layers are electrically coupled to each other.
Regarding claim 42, modified Li teaches a rechargeable battery comprising the electrochemical cell as in claim 35 (Li Fig. 20, 5 [0046]).
Regarding claim 43, modified Li teaches an electric vehicle comprising the electrochemical cell as in claim 35 (Li [0212]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Otohata (US20190157651A1) teaches an electrode comprising a current collector (Fig. 3A, 110), an active material layer 111, and an electrically non-conductive layer 112. Otohata also teaches that the electrodes further comprise tabs that are electrically coupled to each other [0054].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571) 272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YVONNE WEI/ Examiner, Art Unit 1722
/ANCA EOFF/ Primary Examiner, Art Unit 1722
