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
Claims 1, 6-7 positively recite a secondary battery to comprise a positive electrode and a negative electrode which comprises lithium metal. The claim further includes intended use limitations pertaining to the electrode components of the instant claim being used in a test cell and operated under specific environmental conditions. The prior art does not need to be tested in the same manner as the intended use recitation of the instant claim to positively meet the structurally defined scope of the instant claim. Claim 7 additionally includes product by process limitations pertaining to how the electrode layer is formed which does not positively limit the instant claim structural scope – MPEP 2113.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6-7, 14-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zneg et al (PGPUB 2021/0210749).
Claim 1: Zneg teaches a positive electrode plate for use in a lithium-ion battery having a positive electrode, negative electrode, separator therebetween, and electrolyte [Abstract]. The positive electrode is taught by the prior art [0042-0067]. The negative electrode is exemplified to be made of lithium metal [0071]. The secondary battery comprising the positive electrode and negative electrode are formed in a test cell [0103-0114].
The instant claim includes limitations pertaining to the specific testing conditions which do not specifically narrow the structural scope of the instant claimed invention. The prior art teaches all positively recited structural features and therefore is capable of operating in the intended use as claimed pertaining the to the temperature, voltage, and other such conditional recitations of the instant claim. The instant claim includes a resulting discharge capacity value measured as a result of the testing; Zneg teaches a greater than 79% capacity retention rate after 1000 cycles [Table 2] and therefore meet the instant structural features of the claim. MPEP 2112 should be reviewed by applicant.
Claim 6: Zneg teaches a positive electrode plate for use in a lithium-ion battery having a positive electrode, negative electrode, separator therebetween, and electrolyte [Abstract]. The positive electrode is taught by the prior art [0042-0067]. The negative electrode is exemplified to be made of lithium metal [0071]. The secondary battery comprising the positive electrode and negative electrode are formed in a test cell [0103-0114].
The instant claim includes limitations pertaining to the specific testing conditions which do not specifically narrow the structural scope of the instant claimed invention. The prior art teaches all positively recited structural features and therefore is capable of operating in the intended use as claimed pertaining the to the temperature, voltage, and other such conditional recitations of the instant claim. The intended use of or properties resulting from specific testing, are not structurally limiting over the prior art presented. Applicant should review MPEP 2112.
Claim 7: Zneg teaches a positive electrode plate for use in a lithium-ion battery having a positive electrode, negative electrode, separator therebetween, and electrolyte [Abstract]. The positive electrode is taught by the prior art [0042-0067]. The negative electrode is exemplified to be made of lithium metal [0071]. The secondary battery comprising the positive electrode and negative electrode are formed in a test cell [0103-0114].
The specific method of applying a linear pressure is a product by process limitation which does not specifically narrow the scope of the instant claim. The prior art teaching the compacted density of the positive electrode plate is 3.2g/cm3 – 3.9g/cm3 [0063] is sufficient to meet the resulting structure of the electrode of the instant claim.
The instant claim includes limitations pertaining to the specific testing conditions which do not specifically narrow the structural scope of the instant claimed invention. The prior art teaches all positively recited structural features and therefore is capable of operating in the intended use as claimed pertaining the to the temperature, voltage, and other such conditional recitations of the instant claim. The instant claim includes a resulting discharge capacity value measured as a result of the testing; Zneg teaches a greater than 79% capacity retention rate after 1000 cycles [Table 2] and therefore meet the instant structural features of the claim. MPEP 2112 should be reviewed by applicant.
Claim 14: The instant claim is drawn to a product by process claim – MPEP 2113. The instant claim teaches all positively recited structural features of the instant claimed invention. Additionally, the prior art teaching the compacted density of the positive electrode plate is 3.2g/cm3 – 3.9g/cm3 [0063] and is therefore sufficient to meet the resulting structure of the electrode of the instant claim.
Claim 15, 19: Zneg teaches the compacted density of the positive electrode plate is 3.2g/cm3 – 3.9g/cm3 [0063].
Claim 16, 24: Zneg teaches the porosity of the compacted positive electrode plate to be 2% - 30% [0063].
Claim 17, 20, 25, 27: Zneg teaches the battery to comprise an electrolyte solution [0074-0078].
Claim 18, 21, 26, 28: Zneg teaches the positive electrode to comprise applicant’s rock-salt positive electrode active material – a spinel structure presented in formula (2) [0051-0053 whereby the resulting electrode is a layer material [0042-0067].
Claim 22-23: Zneg teaches the intended use of the battery to charge an electronic device such as a pure electric vehicle [0013].
Claim 29: The instant claim lays weight to a secondary battery with the intended use limitations pertaining to a test battery and coin-type half-cell. The intended use limitations fail to limit the scope of the instant claim over the prior art of Zneg teaching a battery for a vehicle comprising the positive electrode [0042-0067].
Claim 30: Zneg teaches the positive electrode to comprise an active material of lithium cobalt oxide [0042-0050].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J YANCHUK whose telephone number is (571)270-7343. The examiner can normally be reached M-Th 10a-8p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nick Smith can be reached at 571-272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN J YANCHUK/Primary Examiner, Art Unit 1752
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