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 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.
Claim(s) 1-2 & 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pan et al. (US 2021/0126320)
With respect to claim 1, Pan et al. discloses a rechargeable lithium battery [Abstract; 0088], comprising:
a negative electrode comprising a current collector [0098], a negative active material layer on the current collector, and lithium dendrites on a surface of the negative active material layer and having an average size of about 1 µm to about 5 µm or less and a rod-like shape; [0052; 0055; 0082-0083]
a positive electrode; and
a non-aqueous electrolyte [0080-00105]
.
With respect to claim 2, Pan et al. discloses wherein the rechargeable lithium battery is obtained by performing a formation charge and discharge. [0081-0090]
With respect to claim 13, Pan et al. discloses wherein the positive electrode comprises a positive active material layer comprising a positive active material, and the positive active material comprises one or more lithiated intercalation compounds that reversibly intercalate and deintercalate lithium ions. [0003; 0085-0010]
With respect to claim 14, Pan et al. discloses wherein the non-aqueous electrolyte comprises a lithium salt and a non-aqueous organic solvent. [0093]
With respect to claim 15, Pan et al. discloses wherein the non-aqueous organic solvent comprises a carbonate-based solvent, an ester-based solvent, an ether-based solvent, a ketone-based solvent, an alcohol-based solvent, aprotic solvent, or a mixture thereof. [0093]
With respect to claim 16, Pan et al. discloses wherein the carbonate-based solvent comprises a cyclic carbonate and a linear carbonate. [0093]
With respect to claim 17, Pan et al. discloses wherein the lithium salt comprises at least one selected from among LiPF6 [0093]
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) 3-6, 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 2021/0126320), as applied to claim 2 above in further view of Zhang et al. “Lithium plating on the anode for lithium-ion batteries during long-term low temperature cycling”
With respect to claim 3, Pan et al. discloses wherein the formation charge and discharge is performed by charging and discharging, the charging being of a room temperature charge.
Pan et al. does not disclose the discharging being of a subzero temperature discharge
Zhang et al. discloses a lithium battery [Abstract], comprising:
a negative electrode comprising a current collector, a negative active material layer on the current collector, [Page 2: Page 5: Page 6] and lithium dendrites on a surface of the negative active material layer and having an average size of about 1 µm to about 5 µm or less and a rod-like shape; [Page 2: Page 5-6]
a positive electrode; and
an electrolyte [Pages 1-2}
wherein the formation charge and discharge is performed by charging and discharging, the discharging being of a subzero temperature discharge and the charging being of a room temperature charge. [Pages 1-3]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery of Pan et al. to include wherein the formation charge and discharge is performed by charging and discharging, the discharging being of a subzero temperature discharge, as disclosed in Zhang et al., in order to allow for improved battery performance and extended lifetime.
With respect to claim 4, Pan et al. discloses wherein the room temperature charge is performed at a room temperature of about 10 0C to about 30o C. [0013-0025]
With respect to claim 5, Pan et al. does not disclose wherein the subzero temperature discharge is performed at a subzero temperature of less than about 0 0C and more than about -20 oC.
Zhang et al. discloses wherein the subzero temperature discharge is performed at a subzero temperature of less than about 0 0C and more than about -20 oC [Page 8]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the battery of Pan et al. to include wherein the subzero temperature discharge is performed at a subzero temperature of less than about 0 0C and more than about -20 oC, as disclosed in Zhang et al., in order to allow for improved battery performance and extended lifetime.
With respect to claim 6, Pan et al. discloses wherein the formation charge and discharge are performed by the charging and discharging for two to five cycles. [0100]
With respect to claim 8, Pan et al. discloses wherein the negative active material layer comprises a negative active material, and the negative active material comprises a carbon-based negative active material, a silicon-based negative active material, or a combination thereof. [0085-0100]
With respect to claim 9, Pan et al. discloses wherein the carbon-based negative active material comprises graphite (crystalline carbon, amorphous carbon, or a combination thereof). [0085-0100]
With respect to claim 10, Pan et al. discloses wherein the carbon-based negative active material comprises graphite (wherein the crystalline carbon comprises natural graphite, artificial graphite, or a combination thereof, and the amorphous carbon comprises soft carbon, hard carbon, mesophase pitch carbide, sintered cocks, or one or more combinations thereof). [0085-0100]
With respect to claims 11 and 12, as the silicon-based negative active material are not positively required by claim 8 (as long as a carbon-based negative active material is present) claims 11 and 12 fail to further positively distinguish the claim from the prior art as only these claims further limit options which are not necessarily present.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US2021/0167371).
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/KIRAN QURAISHI AKHTAR/ Primary Examiner, Art Unit 1751
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