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 .
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The Applicant has amended independent claim 1 and dependent claims 4-6, 8-11, 20; and canceled claims 3, 18.
The pending claims are claims 1, 2, 4-17, 19-21.
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.
Claim(s) 1-2, 4-17, 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al., US 2020/0127336.
Regarding claim 1, Fan et al., teaches a battery cell (abstract), comprising: a positive electrode (0004) coupled with a positive current collector (0067); a negative electrode (0004; 0037) coupled with a negative current collector (0007; 0039); and a sacrificial electrode (0038; 0045) coupled with the negative electrode (0038; 0045) but not the positive electrode (0038; 0045), the sacrificial electrode formed from a first material (0038; 0045).
Fan does not teach ”a first material having a lower decomposition voltage than a second material forming the negative current collector such that the sacrificial electrode decomposes instead of the negative current collector while the battery cell is discharged below a minimum voltage of the battery cell.”
However, When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
Additionally, Fan teaches the sacrificial current collector comprises a sacrificial electrode (0038; 0045; 0059) comprising a conductive polymer (0043; 0071; 0076).
Regarding claim 2, Fan et al., teaches wherein the negative current collector comprises copper (Cu) (0048; 0073).
Regarding claim 4, Fan et al., teaches the sacrificial electrode (0038).
The sacrificial electrode “is disposed within a cavity at a center of a jellyroll formed by winding a first layer comprising the positive electrode, a second layer comprising the negative electrode, and a third layer comprising a separator is a product-by-process.
"[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).
Regarding claim 5, Fan teaches wherein the first material comprising the sacrificial electrode is coated on a first portion of the negative current collector while a third material comprising the negative electrode is coated on a second portion of the negative current collector:
“The sacrificial electrode may be connected to the positive electrode of the lithium ion battery cell such that at least a portion of the surplus lithium discharged from the sacrificial electrode may be deposited in the positive electrode of the lithium ion battery cell. Alternatively, the sacrificial electrode may be connected to the negative electrode of the lithium ion battery cell such that at least a portion of the surplus lithium discharged from the sacrificial electrode may be deposited in the negative electrode of the lithium ion battery cell.” (0038).
Regarding claim 6, Fan et al., does not teach wherein the first material comprising the sacrificial electrode is mixed with a third material comprising the negative electrode to form a mixture that is coated on the negative current collector.
However, to increase the materials to a third material, The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Regarding claim 7, Fan et al., teaches further comprising: an auxiliary electrode (three-electrode cell; 0044) configured to receive metal ions depleted from the sacrificial electrode (0038;0045; 0059) by the decomposing of the sacrificial electrode (0048; 0077).
Regarding claim 8, Fan et al., does not teach wherein a third material comprising the auxiliary electrode is coated on a first portion of comprising the positive current collector and a fourth material comprising the positive electrode is coated on a second portion of the positive current collector.
Fan teaches first material and a second material. However, to increase the materials to a third material and a fourth material, The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Regarding claim 9, Fan et al., does not teach the auxiliary electrode comprising one or more of one or more of cobalt oxide (CoO), nickel oxide (NiO), copper oxide (CuO), iron oxide, manganese oxide (MnO2), tin oxide (e.g., SnO, SnO2, and/or the like), iron sulfide (FeS), or nickel phosphorus (NiP).
Although Fan does not teach a specific metal oxide, Fan teaches “a metal oxide such as a lithium oxide and/or the like.” (0067). A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963).
Regarding claim 10, Fan et al., does not teach wherein the fourth material comprising one or more of high nickel lithium nickel manganese cobalt oxide, doped lithium nickel oxide, doped or pure lithium manganese oxide, lithium iron, vanadium phosphate, doped or pure lithium cobalt oxide (LiCo02), lithium vanadium oxide.
However, Fan teaches positive electrode comprises a metal oxide (0067), which includes the above described oxides in claim 10.
Regarding claim 11, Fan et al., teaches wherein the second material comprising negative electrode includes one or more of silicon (0037), graphite (0037), carbon (0038), tin, tin oxide (0037).
Regarding claim 12, Fan et al., teaches wherein the positive current collector and/or the negative current collector are formed from a porous material (0038; 0052; 0072-0074).
Regarding claim 13, Fan et al., teaches the porous material comprises one or more of an expanded metal foil (0038), a perforated foil (0011; 0019; 0038), or a composite carbon-based foil (0038).
Regarding claim 14, Fan et al., teaches wherein the battery cell comprises a prismatic battery cell (0010; 0018) or a cylindrical battery cell (0010; 0018; 0040) .
Regarding claim 15, Fan et al., teaches further comprising: an electrolyte (0039); a separator (0042) interposed between the positive electrode and the negative electrode (0042; 0063); a case enclosing the positive electrode coupled with the positive current collector (0041-0042), the negative electrode (0012-0017) coupled with the negative current collector (0039), the separator (0016-0017), and the electrolyte (0039; 0048); a positive tab (0051) coupled with the positive electrode (0041) and welded to a header of the battery cell (0047; 0063) and a negative tab coupled with the negative electrode and welded to the case (0047; 0063; 0069).
Regarding claim 16, Fan et al., teaches further comprising a solid electrolyte interphase (SEI) stabilizer (0048).
Regarding claim 17, Fan et al., teaches wherein the solid electrolyte interphase (SEI) stabilizer (0048) comprises a fluorine based compound (PVDF) (0048; 0071).
Regarding claim 19, Fan et al., teaches wherein the first material comprising the sacrificial electrode (0038) is welded to (i) a surface (0047) and/or (ii) one or more ends of the second material comprising the negative electrode (0063; 0069).
Regarding claim 20, Fan et al., teaches wherein the sacrificial electrode (0038; 0045).
However, “ is formed by spraying the first material onto a first surface of the negative current collector and/or a case of the battery cell” is a product-by-process. "[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)
Regarding claim 21, Fan et al., teaches wherein the sacrificial electrode (0038) is coupled to the negative electrode (0038) by being coupled to a metallic case (0019) of the battery cell that is coupled to the negative electrode (0043; 0063).
Response to Arguments
Applicant's arguments filed 7/7/2026 have been fully considered but they are not persuasive. The Applicant argues that Fan does not disclose or suggest the use of one or more of chromium (Cr), iron (Fe), tin (Sn), lead (Pb), zinc (Zn), aluminum (Al), magnesium aluminum alloy (MgAl), magnesium titanium (MgTi), calcium magnesium (CaMg), lithiated silica oxide, conductive polymer, or conductive polymer composite.
However, Fan teaches a conductive polymer as seen in paragraphs (0043; 0071; 0076);
“a protective layer (e.g., a polymer film, a ceramic coating,” (0043); “ Examples of polymers forming the protective layer 400 may include polyurethane, silicone, polyphosphazenes, styrene butadiene rubber (SBR)-based binders,” (0071); “inorganic conductive ceramic” (0076).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm.
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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