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 Interpretation
Claim 2 includes a limitation wherein the electrolyte layer comprises a polymer electrolyte, a liquid electrolyte or a combination thereof. Claims 5 defines the liquid electrolyte without requiring the presence thereof (if the presence of a polymer electrolyte is met). Claim 6 defines the ionic liquid of the liquid electrolyte without requiring the presence thereof.
Claim 8 includes a limitation wherein the cathode active material layer comprises an alkali metal-containing sulfide-based cathode active material or an alkali metal-containing sulfide-based cathode active material. Claims 9 defines the alkali metal-containing sulfide-based cathode active material without requiring the presence thereof. Claim 10 defines the lithium salt of the alkali metal-containing sulfide-based cathode active material without requiring the presence thereof. Claim 11 defines the carbon-based material of the alkali metal-containing sulfide-based cathode active material without requiring the presence thereof. Claim 12 defines the lithium sulfide (Li2S)-containing composite of the alkali metal-containing sulfide-based cathode active material without requiring the presence thereof.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 recites “Formula 1” in line 5 and should recite “Formula 11” for purposes of clarity. 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.
Claim 17 is 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.
In the present instance, claim 1 requires an initial charge capacity of the first anode active material layer is less than 50 % of an initial charge capacity of the cathode active material layer. Dependent claim 17 recites a broader recitation of wherein the initial charge capacity of the first anode active material layer is 50 % or less (i.e. includes 50 %) of the initial charge capacity of the cathode active material layer. Thus, the interval in claim 17 falls outside of the scope of the range in claim 1, thus rendering the scope of claim 17 unclear.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 17 is not a proper dependent claim because although claim 17 depends from a previous claim, claim 17 fails to specify a further limitation of the subject matter of claim 1. In particular, claim 17 recites an upper range for the initial charge capacity ratio which is outside the upper range in claim 1 and thus, fails to specify a further limitation of the subject matter claimed. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-6 and 8-18 rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al. (KR 2022/0048424A), cited in the Information Disclosure Statement (IDS) received October 29, 2024, as evidenced by Wang et al. (“Flexible Electrodes and Electrolytes for Energy Storage”, 2015). The English machine translation of Sugimoto et al. is attached and is referenced below.
Regarding Claim 1, Sugimoto et al. teaches a secondary battery comprising a positive electrode (i.e. a cathode layer) (Fig. 1 ,#110), a negative electrode (i.e. an anode layer) (Fig. 1, #120) and a solid electrolyte layer between the positive electrode and the negative electrode (Para. [0051]) wherein the solid electrolyte is a polymer electrolyte (Para. [0132]) (i.e. teaches a flexible electrolyte layer between the cathode layer and the anode layer as a polymer electrolyte is a flexible as evidenced by Wang et al.–- see pg. 92, col. 1, section 3, para.), the positive electrode including a positive electrode current collector disposed on the positive electrode active material layer (Para. [0053]) (i.e. the cathode layer comprises a cathode current collector and a cathode active material layer on at least one surface of the cathode current collector), the negative electrode may include a negative electrode active material layer on the negative electrode current collector (Para. [0068]) (i.e. the anode layer comprises an anode current collector and a first anode active material layer on a surface of the anode current collector), wherein the ratio of the of the initial charge capacity of the negative electrode active material layer to the initial charge capacity of the positive electrode active material satisfies 0.01<(b/a)<0.5 (Para. [0097]-[0099]) (i.e. is less than 50 %).
Regarding Claim 2, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches the solid electrolyte layer is a polymer electrolyte (Para. [0132]) (i.e. wherein the electrolyte layer comprises a polymer electrolyte).
Regarding Claim 3, Sugimoto et al. teaches all of the elements of the current invention in claim 2 as explained above.
Sugimoto et al. further teaches the polymer electrolyte comprises polyvinyl alcohol (Para. [0132]) (i.e. a polymer comprising repeating units having a thermopolymerizable function group, as polyvinyl alcohol contains a hydroxyl group which is defined as a thermopolymerizable functional group in claim 4).
Regarding Claim 4, Sugimoto et al. teaches all of the elements of the current invention in claim 3 as explained above.
Sugimoto et al. further teaches the polymer electrolyte comprises polyvinyl alcohol (Para. [0132]) (i.e. the thermopolymerizable functional group comprises at least a hydroxyl group).
Regarding Claim 5, Sugimoto et al. teaches all of the elements of the current invention in claim 2 as explained above.
Sugimoto et al. further teaches the solid electrolyte layer is a polymer electrolyte (Para. [0132]) (i.e. comprises a polymer electrolyte). Since the instant claim is being interpreted as defining the liquid electrolyte without requiring the presence of the “liquid electrolyte”, the presence of a polymer electrolyte meets the limitations of claim 5.
Regarding Claim 6, Sugimoto et al. teaches all of the elements of the current invention in claim 5 as explained above.
Sugimoto et al. further teaches the solid electrolyte layer is a polymer electrolyte (Para. [0132]) (i.e. comprises a polymer electrolyte). Since the instant claim is being interpreted as defining the ionic liquid of the liquid electrolyte without requiring the presence of the “liquid electrolyte”, the presence of a polymer electrolyte meets the limitations of claim 6.
Regarding Claim 8, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches the positive electrode active material includes at least one of lithium metal oxide (i.e. an alkali metal-containing oxide-based cathode active material and the alkali metal comprises lithium) or lithium sulfide (Para. [0058]) (i.e.an alkali-metal containing sulfide-based cathode active material, the alkali metal comprises lithium).
Regarding Claims 9-12, Sugimoto et al. teaches all of the elements of the current invention in claim 8 as explained above.
Sugimoto et al. further teaches the positive electrode active material includes at least one of lithium metal oxide (i.e. an alkali metal-containing oxide-based cathode active material and the alkali metal comprises lithium) (i.e.an alkali-metal containing sulfide-based cathode active material, the alkali metal comprises lithium). Since the instant claims are being interpreted as defining the alkali metal containing sulfide-based cathode active material without requiring the presence of thereof, the presence of an alkali metal-containing oxide-based cathode active material meets the limitations of claim 9-12.
Regarding Claims 13, Sugimoto et al. teaches all of the elements of the current invention in claim 8 as explained above.
Sugimoto et al. further teaches LiNi0.9Co0.07-Mn-0.03O2 as the cathode active material (Para. [0140], see also the original version of the reference Para. [0140])) (i.e. where in the alkali-metal containing oxide cathode active material comprises a lithium transition metal oxide represented by Formula 11 as a = 1, b = 0, x = 0.9, y = 0.07, M is manganese and z = 0.03).
Regarding Claims 14, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches the negative electrode prepared by mixing the active material and binder forming a solution to form the laminate (Para. [0143]) (i.e. wherein the anode active material layer comprises an anode active material and a binder) wherein the negative electrode active materials have an average particle size of about 80 nm and about 100 nm (Para. [0142]) (i.e. wherein the anode active material is in the form of particles, and has an average particle diameter of 4 micrometers or less).
Regarding Claims 15, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches a first particle containing carbon black (i.e. a carbon-based anode active material, wherein the carbon-based anode active material comprises amorphous carbon) (Para. [0083]) and a metal material that functions as negative electrode active material (Para. [0112]) such as gold, platinum, palladium, silicon, silver, aluminum, bismuth, tin and zinc (Para. [0113]).
Regarding Claims 16, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches in the negative electrode active material layer a first particle containing carbon black (i.e. wherein the anode active material comprises primary particles comprising amorphous carbon) and a second anode material containing copper (i.e. and secondary particles containing copper) wherein the first particle to the second particle is mixed in weight ratio of about 3:1 (i.e. wherein an amount of the secondary particles is about 25 wt% with respect to the total weight of the mixture) (Para. [0142]).
Regarding Claims 17, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. teaches the ratio of the of the initial charge capacity of the negative electrode active material layer to the initial charge capacity of the positive electrode active material satisfies 0.01<(b/a)<0.5 (Para. [0097]-[0099]) (i.e. is less than 50 %).
Regarding Claims 18, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches a negative electrode active material layer (Fig. 1, #122) (i.e. first anode active material) and a metal layer (Fig. 3, #123) (i.e. a second active material layer) formed by lithium deposition between the negative current collector (Fig. 3, #121) and the negative electrode active material layer (i.e. between the anode current collector and the first anode active material, wherein the second anode active material layer is a metal layer comprising lithium) (Para. [0134]).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al. (KR 2022/0048424A) as applied to claim 1 above, and further in view of Yushin et al. (US 2020/0343580A).
Regarding Claim 7, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches the solid electrolyte layer the positive electrode, the solid electrolyte layer (Fig. 1, #130) and the negative electrode were sequentially laminated and sealed in a laminating film (Para. [0153]) (i.e. wherein the electrolyte layer is a self-standing film).
Sugimoto et al. does not explicitly teach the electrolyte layer further comprises a flexible porous film.
However, Yushin et al. further teaches a porous substrate for Li plating the form of a porous film having an interface with solid electrolyte, wherein the pores in such a substrate enhance stability of such a film (Para. [0141]) (i.e. further comprises a flexible porous film).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte of Sugimoto et al. to incorporate the teaching of a flexible porous film thereon as taught by Yushin et al., as such a film provides higher volumetric capacity (Para. [0141]),
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al. (KR 2022/0048424A) as applied to claim 1 above, and further in view of Luo et al. (CN 114156486A). The English machine translation of Luo et al. is attached and referenced below.
Regarding Claims 19, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. further teaches the positive electrode current collector is aluminum (Para. [0054]) (i.e. wherein at least the cathode current collector comprises a metal layer which comprises aluminum).
Sugimoto et al. does not teach the cathode current collector comprises a base film and a metal layer on at least one surface of the base film.
However, Luo et al. teaches a positive electrode current collector formed by an aluminum deposition layer on both sides of a treated polymer film (Para. [0041]) (i.e. a base film and a metal layer comprising aluminum) wherein the polymer substrate material is (i.e. base film comprises) polypropylene, polyimide, polyethylene (Para. [0026]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified cathode current collector of Sugiura et al. to incorporate the teaching of a base film as taught by Luo et al., as such a polymer film material improves the electronic conductivity and the stability of the metal layer (Para. [0029]).
Regarding Claims 20, Sugimoto et al. teaches all of the elements of the current invention in claim 1 as explained above.
Sugimoto et al. does not teach a first inactive member on another surface of the anode current collector, wherein the first inactive member comprises a conductive flame-retardant inactive member.
However, Luo et al. teaches an electrode comprising a flame-retardant current collector wherein the electrode is a negative electrode (Para. [0013]) wherein the current collector is formed by a polymer film and metal layers on both sides of a polymer film (Para. [0022]) wherein the polymer film comprises a polymer substrate material, conductive particles and flame retardant (Para. [0022]) (i.e. comprising a first inactive member on another surface of the anode current collector, wherein the first inactive member comprises a conductive flame-retardant inactive member).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the secondary battery of Sugiura et al. to incorporate the teaching of a first inactive member comprising a conductive flame-retardant inactive member as taught by Luo et al., as such a material provides high conductivity and high flame retardant properties (Para. [0017]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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