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 .
Election/Restrictions
Applicant’s election without traverse of Group I (product claims 1-2, 4-5, 10, 14-15, and 22-27) in the reply filed on 06/23/2026 is acknowledged.
Claims 16-21 and 28-29 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II (method), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/23/2026.
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.
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, 4-5, 10, 14-15, and 22-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farmer et al. (US 2021/0104746 A1, with publication date of 04/08/2021 which is over one year prior to instant application priority filing date of 10/04/2022) in view of Rolison et al. (US 2014/0147757 A1).
Regarding claim 1, Farmer teaches a rechargeable battery cell (a rechargeable battery cell system 100, [0023] and Fig. 1), comprising
an anode (rechargeable battery cell system 100 can include anode, [0023]) comprising zinc (Anode materials for an electrode can include a wide range of elements such as zinc, … relatively pure Zn, ZnO or a mixture of Zn and ZnO can be used; [0030]) and comprising pores (electrodes can be solid continuous pore structures, [0025]);
a cathode (rechargeable battery cell system 100 can include anode, cathode; [0023]); and
an ion exchange membrane (rechargeable battery cell system 100 can include anode, cathode, ion exchange material; [0023] … a membrane or film, [0058]) positioned between the anode and the cathode (separator 130 that only permits ion flow between electrodes 120 and 122, [0023] and Fig. 1; separator may be replaced with (or used in conjunction with) an ion exchange membrane or film, [0064]) and defining an interface with at least a portion of the anode (exchange material arranged to define an interpenetrating interface with at least a portion of the electrode, surrounding the electrode with a thin film of ion exchange material, electrodes can be coated with or partially contacting ion exchange material; [0005]),
wherein the ion exchange membrane comprises a polymer material and basic functional groups attached to the polymer material (ion exchange material can be polymeric material having attached strongly basic groups, the ion exchange material can be polymeric material having attached weakly basic groups; [0057]), and configured to selectively transport anions through the ion exchange membrane (the ion exchange material can an anion exchange material, [0008]; anion selective ion exchange material can be used alone, [0057]).
Farmer fails to teach the anode having a sponge-like structure, nor pores thereof that are between 50 nanometers and 400 microns in size.
Rolison is analogous in the art of Zinc electrodes for batteries (title) and teaches an approach to replace powdered-bed zinc anodes with highly porous, monolithic, and 3D through-connected zinc sponges as negative electrodes for use in current and to-be-developed high-performance zinc-containing batteries ([0016]). Rolison teaches zinc sponges may exhibit high surface areas due to the interconnected pore network (sized at 10-75 μm), which may lead to an increase in achievable power density, since the device-ready electrode is interconnected in 3D, highly conductive, highly porous, infiltrated with electrolyte, structurally sound, and provides an ideal platform for use in rechargeable batteries that use zinc anodes or for primary batteries in which higher utilization of zinc is desired ([0016]). Rolison also teaches that the fully metallic sponge network provides an electronic environment of improved current distribution, thereby inhibiting the formation of dendrites that lead to electrical shorting ([0016]).
It would have been obvious, at the time of filing, for a person having ordinary skill in the art to modify the zinc-based electrode of Farmer (i.e., powder electrode of Farmer [0030] which was processed to increase effective surface area per Farmer [0025]) by replacing such with a zinc sponge negative electrode exhibiting high surface area due to the interconnected pore network sized at 10-75 μm (which falls within and obviates the claimed range of 50nm to 400μm) as taught by Rolison with the motivation of achieving increased power density, structural soundness, higher zinc utilization, improved current distribution, and inhibition of electrical shorting (all as taught toward by Rolison [0016] as cited above).
Thus, the instant claim 1 is rendered obvious.
Regarding claim 2, modified Farmer teaches the limitations of claim 1 above and wherein the anode consists essentially of zinc (Zn) before initial cycling of the rechargeable battery cell (relatively pure Zn as anode material, Farmer [0030]; the electrode is a porous zinc structure that may be in the form commonly referred to as a sponge … and it may be pure or nearly pure zinc throughout, Rolison [0018] as applied in modification of Farmer above).
Regarding claim 4, modified Farmer teaches the limitations of claim 1 above and wherein the sponge-like structure is monolithic (highly porous, monolithic, and 3D through-connected zinc sponges as negative electrodes from Rolison [0016], as applied in above claim 1 rejection to modify/replace the zinc-based anode of Farmer).
Regarding claim 5, modified Farmer teaches the limitations of claim 1 above and wherein the sponge-like structure has a pore volume of greater than 50% (“highly porous” zinc sponge electrode structure of Rolison [0016] as cited above reads on “a pore volume of greater than 50%”, since “highly porous” is interpreted to mean a structure which is majority porous in its volume).
Rolison further teaches in [0017] that a highly porous network of zinc allows for confined volume elements with high surface-to-electrolyte volume with faster concomitant saturation of zincate upon discharge and more rapid dehydration to ZnO, thereby minimizing shape change, and teaches in [0018] that the electrode contains two bi-continuous interpenetrating networks: one is solid and comprises zinc and the other is void space. Therefore, from these teachings of Rolison, a person having ordinary skill in the art would have at least been motivated to optimize the fraction of void space versus solid zinc component within the total electrode volume in order to attain a sufficiently high porosity (i.e., greater than half) in order allow for confined volume elements with high surface-to-electrolyte volume with faster concomitant saturation of zincate upon discharge and more rapid dehydration to ZnO, thereby minimizing shape change. Optimization of a result-effective variable is within the ambit of a person having ordinary skill in the art and is obvious per MPEP 2144.05 II.
Regarding claim 10, modified Farmer teaches the limitations of claim 1 above and further comprising a liquid alkaline electrolyte (ion transport can be enable by a liquid alkaline electrolyte contacting the electrodes, Farmer [0009]; aqueous alkaline electrolytes can be used, Farmer [0062]).
Regarding claim 14, modified Farmer teaches the limitations of claim 1 above and further comprising a current collector at least partially embedded in the anode (at least a portion of electrode material is placed in contact with a current collector, Farmer [0027]; example of anode with embedded brass mesh current collector, Farmer [0080]; see also Farmer Figs. 1 and 4).
Regarding claim 15, modified Farmer teaches the limitations of claim 1 above and further comprising a current collector arranged to contact the anode (at least a portion of electrode material is placed in contact with a current collector, Farmer [0027]; electrode material 120 and 122 that respectively contact current collectors 110 and 112, Farmer [0023]) and formed from at least one of … Cu, … Stainless Steel, Ni, … (material of the current collector can include Ni, … Cu, … and alloys such as stainless steel; Farmer [0028]).
Regarding claim 22, modified Farmer teaches the limitations of claim 1 above and wherein the ion exchange membrane is at least partially embedded into the pores of the sponge-like structure of the anode (ion exchange material can be provided to interact with electrode material as a fully or partially embedding polymer, Farmer [0058]; zinc sponge network exhibit high surface area and void space that can be infiltrated per Rolison [0016-0017])
Regarding claim 23, modified Farmer teaches the limitations of claim 1 above and wherein the basic functional groups comprise quaternary amino groups (strongly basic groups such as quaternary amino groups, Farmer [0057]).
Regarding claim 24, modified Farmer teaches the limitations of claim 1 above and wherein the basic functional groups comprise trimethylammonium groups (strongly basic groups such as quaternary amino groups including trimethylammonium groups, Farmer [0057]).
Regarding claim 25, modified Farmer teaches the limitations of claim 1 above and the anode comprises zinc oxide at least on a surface of the sponge-like structure (zinc network may also comprise zinc oxide that form on the surface when the electrode is discharged in a cell such that zinc network may have less than 5 wt. % zinc oxide, Rolison [0018]; sintered sponge is heated in an oxidizing atmosphere to produce zinc oxide on the surface of a partially oxidized sponge, Rolison [0023]).
Regarding claim 26, modified Farmer teaches the limitations of claim 1 above and the anode comprises a zinc sponge-like structure including two bicontinuous interpenetrating networks comprising a solid zinc network and a void network (The electrode contains two bicontinuous interpenetrating networks. One is solid and comprises zinc and the other is void space. Thus the electrode is a porous zinc structure that may be in the form commonly referred to as a sponge. -from Rolison [0018]).
Regarding claim 27, modified Farmer teaches the limitations of claim 1 above and wherein the zinc network is substantially free of non- zinc porous substrates (Thus the electrode is a porous zinc structure that may be in the form commonly referred to as a sponge. The zinc network may contain zinc on both the surfaces and the interior of the network. That is, it is not zinc coated onto a non-zinc porous substrate, and it may be pure or nearly pure zinc throughout. -from Rolison [0018]).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Huang et al. (US 2020/0411884) teaches extending an anode current collector into the anode material ([0010] and Figs. 4, 7 showing 127 embedded in 126) and that the anode 126 is zinc foam with well-defined pore size/shape ([0056]).
Liang (CN 1935414 A) teaches an embodiment of forming a Zn-27%Al alloy through-hole foam with a pore diameter of 0.1mm and a porosity of 90% (Example 1, pg. 4). Wang teaches generally porous metal foam refers to a metal with a large number of pores inside (general porosity θ>0.4) which has large specific surface, excellent permeability (through-hole body), gas sensitivity, etc. and is used in energy industry (Background Technique, pg. 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessie Walls-Murray whose telephone number is (571)272-1664. The examiner can normally be reached M-F, typically 10-4.
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/JESSIE WALLS-MURRAY/Primary Examiner, Art Unit 1728
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