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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 2, 12, and 19 are 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.
Regarding claim 2, there is insufficient antecedent basis for “said transition metal cations.” Further, it is unclear to the Examiner, without proper recitation of transition metal cations in the instant claim or the independent claim 1, if the presence of transition metal cations are required by the battery or if the battery just must be capable of having transition metal cations in order to meet the claimed limitations. For the purposes of examination, the latter interpretation is understood. Appropriate correction is required.
Regarding claim 12, there is insufficient antecedent basis for “transition metal cations.” Further, it is unclear to the Examiner, without proper recitation of transition metal cations in the instant claim or the independent claim 1, if the presence of transition metal cations are required by the battery or if the battery just must be capable of having vanadium cations in order to meet the claimed limitations. For the purposes of examination, the latter interpretation is understood. Appropriate correction is required.
Regarding claim 19, it is rejected due to its dependence on a previously rejected base claim.
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.
Claims 1-4, 10, 12-13, 15, 18-19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Kumar (Non-Patent Literature, “Design of porous calcium phosphate based gel polymer electrolyte for Quasi-solid state sodium ion battery”).
Regarding claim 1, Kumar teaches a sodium ion battery (Page 2, Column 1, Paragraph 2) comprising a positive electrode; a negative electrode; a separator (Page 2, Column 1, Paragraph 2; Page 2, Column 2, Paragraph 4); an electrolyte composition (Page 2, Column 1, Paragraph 2).
Kumar teaches that hydroxyapatite is used in the gel polymer electrolyte composition (Page 2, Column 1, Paragraph 2). As hydroxyapatite is listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the hydroxyapatite of Kumar is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Regarding claim 2, Kumar teaches the sodium ion battery according to claim 1.
The limitation of “the inorganic transition metal cations trap reduces or prevents migration of said transition metal cations to the negative electrode and deposition thereof at or on the negative electrode” is a use limitation and does not determine the patentability of the product, unless the use produces a structural feature of the product. The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113.
Kumar teaches the claimed structure as stated in the above rejection, notably the inclusion of hydroxyapatite in the electrolyte composition, and therefore would be capable of performing in the manner claimed given that hydroxyapatite is listed as a suitable material for the inorganic transition metal cations trap of the instant invention.
Regarding claim 3, Kumar teaches the sodium ion battery according to claim 1. As discussed above, Kumar teaches hydroxyapatite as the inorganic transition metal cations trap. Hydroxyapatite, or Ca₁₀(PO₄)₆(OH)₂, is a calcium phosphate, meeting the instant claimed limitation.
Regarding claim 4, Kumar teaches the sodium ion battery according to claim 3. As discussed above, Kumar teaches hydroxyapatite as the inorganic transition metal cations trap. Hydroxyapatite, or Ca₁₀(PO₄)₆(OH)₂, has a Ca/P molar ratio of 10/6 or 1.67, which lies within the instant claimed range and therefore meets the instant claimed limitation.
Regarding claim 10, Kumar teaches the sodium ion battery according to claim 1, wherein the inorganic transition metal cations trap is incorporated in the electrolyte composition (Page 2, Column 1, Paragraph 2).
Regarding claim 12, Kumar teaches the sodium ion battery according to claim 1.
As described above in the 112(b) rejection of claim 12, the recitation of transition metal cations in the instant claim is interpreted by the Examiner to refer to a plurality of inorganic transition metal cations.
Kumar teaches that in the sodium ion battery, the positive electrode comprises Na3V2(PO4)3 as positive electrode active material (Abstract). Kumar further teaches that the charge discharge profile indicates that Na3V2(PO4)3 is converted to NaV2(PO4)3 during operation of the battery due to V4+/V3+ redox reactions (Page 6, Column 1). Therefore, Kumar teaches that vanadium cations, including V4+ and V3+ are present in the battery cell, which is considered to meet the instant claimed limitation of transition metal cations comprise cations from V.
Regarding claim 13, Kumar teaches an electrochemical component (electrolyte composition), comprising an inorganic transition metal cations trap (hydroxyapatite).
Kumar teaches that hydroxyapatite is used in the gel polymer electrolyte composition (Page 2, Column 1, Paragraph 2). As hydroxyapatite is listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the hydroxyapatite of Kumar is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Regarding claim 15, Kumar teaches the electrochemical component of claim 13, wherein the electrochemical component is an electrolyte composition (Page 2, Column 1, Paragraph 2).
Regarding claim 18, Kumar teaches the sodium ion battery according to claim 3, wherein the calcium phosphate is hydroxyapatites, as described above.
Regarding claim 19, Kumar teaches the sodium ion battery according to claim 12, wherein the transition metal cations are selected from V3+ or V4+, as described above in the rejection of claim 12 (Page 6, Column 1).
Claims 1-4, 11, 13, 16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Zhu (Chinese Patent Publication No. 107565081 A).
Regarding claim 1, Zhu teaches a sodium ion battery (Paragraph 39) comprising a positive electrode (Paragraph 71); a negative electrode (Paragraph 72); a separator (Paragraph 10); an electrolyte composition (Paragraph 73).
Zhu teaches that hydroxyapatite is used in the separator of the battery (Paragraph 9). As hydroxyapatite is listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the hydroxyapatite nanowires of Zhu is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Regarding claim 2, Zhu teaches the sodium ion battery according to claim 1.
The limitation of “the inorganic transition metal cations trap reduces or prevents migration of said transition metal cations to the negative electrode and deposition thereof at or on the negative electrode” is a use limitation and does not determine the patentability of the product, unless the use produces a structural feature of the product. The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113.
Zhu teaches the claimed structure as stated in the above rejection, notably the inclusion of hydroxyapatite in the separator, and therefore would be capable of performing in the manner claimed given that hydroxyapatite is listed as a suitable material for the inorganic transition metal cations trap of the instant invention.
Regarding claim 3, Zhu teaches the sodium ion battery according to claim 1. As discussed above, Kumar teaches hydroxyapatite as the inorganic transition metal cations trap. Hydroxyapatite, or Ca₁₀(PO₄)₆(OH)₂, is a calcium phosphate, meeting the instant claimed limitation.
Regarding claim 4, Zhu teaches the sodium ion battery according to claim 3. As discussed above, Kumar teaches hydroxyapatite as the inorganic transition metal cations trap. Hydroxyapatite, or Ca₁₀(PO₄)₆(OH)₂, has a Ca/P molar ratio of 10/6 or 1.67, which lies within the instant claimed range and therefore meets the instant claimed limitation.
Regarding claim 11, Zhu teaches the sodium ion battery according to claim 1, wherein the inorganic transition metal cations trap is incorporated in the separator (Paragraph 14).
Regarding claim 13, Zhu teaches an electrochemical component (separator), comprising an inorganic transition metal cations trap (hydroxyapatite).
Zhu teaches that hydroxyapatite is used in separator (Paragraph 14). As hydroxyapatite is listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the hydroxyapatite of Zhu is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Regarding claim 16, Zhu teaches the electrochemical component of claim 13, wherein the electrochemical component is a separator.
Regarding claim 18, Zhu teaches the sodium ion battery according to claim 3, wherein the calcium phosphate is hydroxyapatite, as described above.
Claims 13-17 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Halalay (U.S. Patent Publication No. 20170155175 A1).
Regarding claim 13, Halalay teaches an electrochemical component, comprising an inorganic transition metal cations trap.
Halalay discloses a transition metal cation trap for a battery that may be
i) incorporated as a binder in any of the positive electrode or the negative electrode
ii) deposited onto a surface of any of the positive electrode or the negative electrode
iii) incorporated into the microporous polymer separator
iv) deposited onto a surface of the microporous polymer separator, or
v) included as an additive in the electrolyte solution (Paragraph 0003)
in order to trap transition metal cations that leach from the positive electrode and attempt to migrate to the negative electrode, reducing the battery performance (Paragraph 0039).
Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the anode (electrochemical element) (Paragraph 0075), meeting the instant claimed limitation.
Regarding claim 14, Halalay teaches the electrochemical component of claim 13, wherein the electrochemical component is a negative electrode, as discussed above in the rejection of claim 13.
Regarding claim 15, Halalay teaches the electrochemical component of claim 13.
Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the electrolyte composition (Paragraph 0072), meeting the instant claimed limitation.
Regarding claim 16, Halalay teaches the electrochemical component of claim 13.
Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the separator (Paragraph 0072), meeting the instant claimed limitation.
Regarding claim 17, Halalay teaches the electrochemical component of claim 13.
Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the positive electrode (Paragraph 0075), meeting the instant claimed limitation.
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.
Claims 1-8, 12-13, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Je (U.S. Patent Publication No. 20160156028 A1) in view of Takami (U.S. Patent Publication No. 20150010820 A1).
Regarding claim 1, Je teaches a battery comprising a positive electrode; a negative electrode; a separator; and an electrolyte composition (Paragraph 0012). Je teaches the positive electrode active material of the disclosure having a core and a coating layer, the coating layer include an inorganic material with an apatite structure (Paragraph 0003). Je teaches the apatite coating may be calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) (Paragraph 0006).
As apatite and hydroxyapatite of the form Ca10(PO4)6(OH, F, Cl)2 is listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the apatite and hydroxyapatite of Je is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Je is silent as to the battery being a sodium ion battery.
In the description of the positive electrode active material of the disclosure, Je teaches the core material of may include compounds such as LiCoO2, LiNiO2, LiMnO2, LiMn2O4, LiCoPO4, LiFePO4, V2O5, TiS, or MoS, for example (Paragraph 0011).
Takami discloses an embodiment of a nonaqueous electrolyte battery including a positive electrode, negative electrode, and a nonaqueous electrolyte (Paragraph 0036). Takami discloses that the active material of the positive electrode may include a lithium metal oxide such as LiCoO2 and LiMnO2 or polyanionic materials including Na3V2(PO4)2F3 (Paragraph 0048).
Therefore, given the general teachings of Takami, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the lithium metal oxide core of the positive electrode active material of Je (LiCoO2, LiMnO2) with the sodium positive electrode active material Na3V2(PO4)2F3 of Takami because Takami teaches the positive electrode active material may suitably be selected as Na3V2(PO4)2F3, LiCoO2, or LiMnO2.
The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified core would be useful as positive electrode active material in the positive electrode of the battery of Je. See MPEP § 2143.I.(B).
In the description of the electrolyte of the disclosure, Je teaches the lithium salt of the electrolyte may suitably be LiCl, LiBr, LiI, LiClO4, LiBF4 , LiPF6, LiCF3SO3, LiAsF6, LiSbF6, LiCF3SO3, LiN(CF3SO2)2, for example (Paragraph 0091).
Takami discloses that in the electrolyte of the second embodiment described above, a lithium or a sodium salt may be used, with examples such as LiBF4 , LiPF6, LiAsF6, LiClO4, LiCF3SO3, LiN(CF3SO2)2, and NaPF6 (Paragraph 0060).
Therefore, given the general teachings of Takami, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the lithium salt of the electrolyte of Je (LiBF4 , LiPF6, LiAsF6, LiClO4, LiCF3SO3, LiN(CF3SO2)2) with the sodium salt NaPF6 of Takami because Takami teaches the electrolyte salt may suitably be selected as LiBF4 , LiPF6, LiAsF6, LiClO4, LiCF3SO3, LiN(CF3SO2)2, or NaPF6.
The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the electrolyte salt would be useful in the electrolyte of the battery of Je. See MPEP § 2143.I.(B).
Therefore, the result of the modification is the core of the positive electrode active material of Je comprising Na3V2(PO4)2F3, a sodium positive electrode active material and the electrolyte comprising a sodium salt NaPF6. As such, the battery of Je in view of Takami is considered a sodium ion battery, meeting the instant claimed limitations.
Regarding claim 2, Je teaches the sodium ion battery according to claim 1.
The limitation of “the inorganic transition metal cations trap reduces or prevents migration of said transition metal cations to the negative electrode and deposition thereof at or on the negative electrode” is a use limitation and does not determine the patentability of the product, unless the use produces a structural feature of the product. The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113.
Je teaches the claimed structure as stated in the above rejection, notably the inclusion of apatite/hydroxyapatite coating in the positive electrode active material, and therefore would be capable of performing in the manner claimed given that apatite and hydroxyapatite are listed as a suitable material for the inorganic transition metal cations trap of the instant invention.
Regarding claim 3, Je teaches the sodium ion battery according to claim 1.
As discussed above, Je teaches calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) as the inorganic transition metal cations trap. These apatite materials are calcium phosphates, meeting the instant claimed limitation.
Regarding claim 4, Je teaches the sodium ion battery according to claim 3.
As discussed above, Je teaches calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) as the inorganic transition metal cations trap.
Thus, Je teaches the calcium hydroxyapatite as a suitable inorganic transition metal cations trap and it would be obvious to the ordinary artisan to select calcium hydroxyapatite from the finite lists of possible combinations for the coating apatite composition of Je to arrive at the hydroxyapatite of the instant claim since the combination of components would have yielded predictable results as a coating for a positive electrode active material, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
Further, the ordinary artisan can calculate the Ca/P molar ratio of the calcium hydroxyapatite (Ca10(PO4)6(OH)2) material of Je to be 10:6, or 1.67. Therefore, the Ca/P molar ratio of the hydroxyapatite of Je lies within the instant claimed range, meeting the instant claimed limitation.
Regarding claim 5, Je teaches the sodium ion battery according to claim 1. As described above in the modification of Je in view of Takami, modified Je teaches the positive electrode comprises Na3V2(PO4)2F3 (NVPF).
Regarding claim 6, Je teaches the sodium ion battery according to claim 1, wherein the negative electrode comprises hard carbon (Paragraphs 0078, 0081).
Regarding claim 7, Je teaches the sodium ion battery according to claim 1, As described above in the modification of Je in view of Takami, modified Je teaches the electrolyte composition comprises NaPF6.
Regarding claim 8, Je teaches the sodium ion battery according to claim 1, wherein the inorganic transition metal cations trap is incorporated in the cathode, as described above (Paragraph 0038).
Regarding claim 12, Je teaches the sodium ion battery according to claim 1.
As discussed above in the 35 U.S.C. rejection of claim 12, the limitation of the transition metal cations comprising cations from V is understood to be met if the battery disclosed by the prior art is capable of comprising transition metal cations from V.
As modified Je teaches the composition of the positive electrode, negative electrode, electrolyte, and inorganic transition metal cations trap that is the same as the instant invention, the Examiner alleges that the battery would be capable of comprising vanadium ions, particularly that the inorganic transition metal cations trap would be capable of trapping any cations associated with the vanadium-containing positive electrode material, meeting the instant claimed limitation.
Regarding claim 13, Je teaches an electrochemical component (positive electrode), comprising an inorganic transition metal cations trap (apatite/hydroxyapatite coating).
As discussed above in the rejection of claim 1, Je teaches the positive electrode active material of the disclosure having a core and a coating layer, the coating layer include an inorganic material with an apatite structure (Paragraph 0003). Je teaches the apatite coating may be calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) (Paragraph 0006).
As apatite and hydroxyapatite of the form Ca10(PO4)6(OH, F, Cl)2 are listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the apatite and hydroxyapatite of Je is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Regarding claim 17, Je teaches the electrochemical component of claim 13, wherein the electrochemical component is a positive electrode, as discussed above.
Regarding claim 18, Je teaches the sodium ion battery according to claim 3, wherein the calcium phosphate is selected from the group consisting of apatite Ca10(PO4)6(OH, F, Cl, Br)2, hydroxyapatites (HAP) (Paragraph 0006), as discussed above.
Regarding claim 19, Je teaches the sodium ion battery according to claim 12.
As discussed above the limitation of the transition metal cations comprising V2+,V3+,V4+, or V5+ is understood to be met if the battery disclosed by the prior art is capable of comprising V2+,V3+,V4+, or V5+ transition metal cations.
As modified Je teaches the composition of the positive electrode, negative electrode, electrolyte, and inorganic transition metal cations trap that is the same as the instant invention, the Examiner alleges that the battery would be capable of comprising vanadium ions, including V2+,V3+,V4+, or V5+. Particularly, the Examiner alleges that the overlapping material of the battery components would result in the inorganic transition metal cations trap would be capable of trapping any cations, including V2+,V3+,V4+, or V5+, associated with the vanadium-containing positive electrode material, meeting the instant claimed limitation.
Claims 9-11, 14-16 are rejected over Je in view of Takami as applied to claims 1-8, 12-13, 17-19 above, further in view of Halalay (U.S. Patent Publication No. 20170155175 A1).
Regarding claim 9, Je teaches the sodium ion battery according to claim 1.
Je is silent as to the inorganic transition metal cations trap is incorporated in the anode.
However, Halalay discloses a lithium ion battery that includes a positive electrode, a negative electrode, a polymer separator soaked in an electrolyte solution, and a transition metal cation trap (Abstract). Halalay teaches that the transition metal cation trap is
i) incorporated as a binder in any of the positive electrode or the negative electrode
ii) deposited onto a surface of any of the positive electrode or the negative electrode
iii) incorporated into the microporous polymer separator
iv) deposited onto a surface of the microporous polymer separator, or
v) included as an additive in the electrolyte solution (Paragraph 0003).
In order to trap transition metal cations that leach from the positive electrode and attempt to migrate to the negative electrode, reducing the battery performance (Paragraph 0039). Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the anode (Paragraph 0075).
Thus, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery. The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of Je (the apatite coating) in other constituent parts of the battery such as the anode, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 10, Je teaches the sodium ion battery according to claim 1.
Je is silent as to the inorganic transition metal cations trap is incorporated in the electrolyte composition.
However, as discussed above, Halalay discloses a lithium ion battery that includes a positive electrode, a negative electrode, a polymer separator soaked in an electrolyte solution, and a transition metal cation trap (Abstract). Halalay teaches that the transition metal cation trap is
i) incorporated as a binder in any of the positive electrode or the negative electrode
ii) deposited onto a surface of any of the positive electrode or the negative electrode
iii) incorporated into the microporous polymer separator
iv) deposited onto a surface of the microporous polymer separator, or
v) included as an additive in the electrolyte solution (Paragraph 0003).
In order to trap transition metal cations that leach from the positive electrode and attempt to migrate to the negative electrode, reducing the battery performance (Paragraph 0039). Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the electrolyte (Paragraph 0072).
Thus, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery. The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of Je (the apatite coating) in other constituent parts of the battery such as the electrolyte, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 11, Je teaches the sodium ion battery according to claim 1.
Je is silent as to the inorganic transition metal cations trap is incorporated in the separator.
However, as discussed above, Halalay discloses a lithium ion battery that includes a positive electrode, a negative electrode, a polymer separator soaked in an electrolyte solution, and a transition metal cation trap (Abstract). Halalay teaches that the transition metal cation trap is
i) incorporated as a binder in any of the positive electrode or the negative electrode
ii) deposited onto a surface of any of the positive electrode or the negative electrode
iii) incorporated into the microporous polymer separator
iv) deposited onto a surface of the microporous polymer separator, or
v) included as an additive in the electrolyte solution (Paragraph 0003)
in order to trap transition metal cations that leach from the positive electrode and attempt to migrate to the negative electrode, reducing the battery performance (Paragraph 0039). Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the separator (Paragraph 0072).
Thus, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery. The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of Je (the apatite coating) in other constituent parts of the battery such as the separator, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 14, Je teaches the electrochemical component of claim 13.
Je is silent as to the electrochemical component is a negative electrode.
However, as described above in the rejection of claim 9, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery, including in the anode (option ii of Halalay discussed above). The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of Je (the apatite coating) in other constituent parts of the battery such as the anode, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 15, Je teaches the electrochemical component of claim 13.
Je is silent as to the electrochemical component is an electrolyte composition.
However, as discussed above in the rejection of claim 10, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery, including in the electrolyte (option v of Halalay discussed above). The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of Je (the apatite coating) in other constituent parts of the battery such as the electrolyte, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 16, Je teaches the electrochemical component of claim 13.
Je is silent as to the electrochemical component is a separator.
However, as discussed above in the rejection of claim 11, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery, including in the separator (option iii of Halalay discussed above). The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of Je (the apatite coating) in other constituent parts of the battery such as the separator, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Claims 1-8, 12-13, and 17-19 are alternately rejected under 35 U.S.C. 103 as being unpatentable over Zhamu in view of Je (cited above).
Regarding claim 1, Zhamu teaches a sodium ion battery comprising a positive electrode; a negative electrode; a separator; an electrolyte composition (Paragraph 0018);
Zhamu is silent as to the sodium ion battery comprising an inorganic transition metal cations trap.
However, Je discloses a battery comprising a positive electrode; a negative electrode; a separator; and an electrolyte composition (Paragraph 0012). Je teaches the positive electrode active material having a core and a coating layer, the coating layer include an inorganic material with an apatite structure (Paragraph 0003). Je teaches the apatite coating may be calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) (Paragraph 0006). Je teaches the advantages of the apatite coating to be increasing the stability of the positive electrode active material at high voltage and improving the performance of the battery (Paragraph 0031).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modification the positive electrode of Zhamu to incorporate the teachings of Je in which an apatite coating is included (calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2)). Doing so would advantageously result in improved stability and electrochemical performance, as recognized by Je.
As apatite and hydroxyapatite of the form Ca10(PO4)6(OH, F, Cl)2 is listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the apatite coating of Je modifying Zhamu is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Regarding claim 2, Zhamu teaches the sodium ion battery according to claim 1.
The limitation of “the inorganic transition metal cations trap reduces or prevents migration of said transition metal cations to the negative electrode and deposition thereof at or on the negative electrode” is a use limitation and does not determine the patentability of the product, unless the use produces a structural feature of the product. The use of the product is not germane to the issue of patentability of the product itself, unless Applicant presents evidence from which the examiner could reasonably conclude that the claimed product differs in kind from those of the prior art. See MPEP § 2113.
Zhamu in view of Je teaches the claimed structure as stated in the above rejection, notably the inclusion of apatite/hydroxyapatite coating in the positive electrode active material, and therefore would be capable of performing in the manner claimed given that apatite and hydroxyapatite are listed as a suitable material for the inorganic transition metal cations trap of the instant invention.
Regarding claim 3, Zhamu teaches the sodium ion battery according to claim 1.
As discussed above, Zhamu in view of Je teaches calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) as the inorganic transition metal cations trap. These apatite materials are calcium phosphates, meeting the instant claimed limitation.
Regarding claim 4, Zhamu teaches the sodium ion battery according to claim 3.
As discussed above, Zhamu in view of Je teaches calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) as the inorganic transition metal cations trap.
Thus, Zhamu in view of Je teaches the calcium hydroxyapatite as a suitable inorganic transition metal cations trap and it would be obvious to the ordinary artisan to select calcium hydroxyapatite from the finite lists of possible combinations for the coating apatite composition of Je to arrive at the hydroxyapatite of the instant claim since the combination of components would have yielded predictable results as a coating for a positive electrode active material, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
Further, the ordinary artisan can calculate the Ca/P molar ratio of the calcium hydroxyapatite (Ca10(PO4)6(OH)2) material of Je to be 10:6, or 1.67. Therefore, the Ca/P molar ratio of the hydroxyapatite of Je lies within the instant claimed range, meeting the instant claimed limitation.
Regarding claim 5, Zhamu teaches the sodium ion battery according to claim 1, wherein the positive electrode comprises Na3V2(PO4)2F3 (NVPF) (Paragraph 0045).
Regarding claim 6, Zhamu teaches the sodium ion battery according to claim 1, wherein the negative electrode comprises hard carbon (Paragraph 0036).
Regarding claim 7, Zhamu teaches the sodium ion battery according to claim 1, wherein the electrolyte composition comprises NaPF6 (Paragraph 0137).
Regarding claim 8, Zhamu teaches the sodium ion battery according to claim 1, wherein the inorganic transition metal cations trap is incorporated in the cathode, as described above in the modification of Zhamu by Je.
Regarding claim 12, Zhamu teaches the sodium ion battery according to claim 1.
As discussed above in the 35 U.S.C. rejection of claim 12, the limitation of the transition metal cations comprising cations from V is understood to be met if the battery disclosed by the prior art is capable of comprising transition metal cations from V.
As modified Zhamu teaches the composition of the positive electrode, negative electrode, electrolyte, and inorganic transition metal cations trap that is the same as the instant invention, the Examiner alleges that the battery would be capable of comprising vanadium ions, particularly that the inorganic transition metal cations trap would be capable of trapping any cations associated with the vanadium-containing positive electrode material, meeting the instant claimed limitation.
Regarding claim 13, Zhamu in view of Je teaches an electrochemical component (positive electrode), comprising an inorganic transition metal cations trap (apatite/hydroxyapatite coating).
As discussed above in the rejection of claim 1, the teachings of Je which modified Zhamu were directed to the positive electrode active material of the disclosure having a core and a coating layer, the coating layer include an inorganic material with an apatite structure (Paragraph 0003). Je teaches the apatite coating may be calcium hydroxyapatite (Ca10(PO4)6(OH)2), calcium fluoroapatite (Ca10(PO4)6F2), or calcium chloroapatite (Ca10(PO4)6Cl2) (Paragraph 0006).
As apatite and hydroxyapatite of the form Ca10(PO4)6(OH, F, Cl)2 are listed in the suitable materials for the inorganic transition metal cations trap of the instant disclosure (Page 4, Lines 10-15), the apatite and hydroxyapatite of Zhamu in view of Je is considered an inorganic transition metal cations trap, meeting the instant claimed limitation.
Regarding claim 17, Zhamu teaches the electrochemical component of claim 13, wherein the electrochemical component is a positive electrode, as discussed above.
Regarding claim 18, Zhamu in view of Je teaches the sodium ion battery according to claim 3, wherein the calcium phosphate is selected from the group consisting of apatite Ca10(PO4)6(OH, F, Cl, Br)2, hydroxyapatites (HAP) (Paragraph 0006), as discussed above.
Regarding claim 19, Zhamu teaches the sodium ion battery according to claim 12.
As discussed above the limitation of the transition metal cations comprising V2+,V3+,V4+, or V5+ is understood to be met if the battery disclosed by the prior art is capable of comprising V2+,V3+,V4+, or V5+ transition metal cations.
As Zhamu in view of Je teaches the composition of the positive electrode, negative electrode, electrolyte, and inorganic transition metal cations trap that is the same as the instant invention, the Examiner alleges that the battery would be capable of comprising vanadium ions, including V2+,V3+,V4+, or V5+. Particularly, the Examiner alleges that the overlapping material of the battery components would result in the inorganic transition metal cations trap would be capable of trapping any cations, including V2+,V3+,V4+, or V5+, associated with the vanadium-containing positive electrode material, meeting the instant claimed limitation.
Claims 9-11, 14-16 are rejected over Zhamu in view of Je as applied to claims 1-8, 12-13, 17-19 above, further in view of Halalay (U.S. Patent Publication No. 20170155175 A1).
Regarding claim 9, Zhamu teaches the sodium ion battery according to claim 1.
Zhamu is silent as to the inorganic transition metal cations trap is incorporated in the anode.
However, Halalay discloses a lithium ion battery that includes a positive electrode, a negative electrode, a polymer separator soaked in an electrolyte solution, and a transition metal cation trap (Abstract). Halalay teaches that the transition metal cation trap is
i) incorporated as a binder in any of the positive electrode or the negative electrode
ii) deposited onto a surface of any of the positive electrode or the negative electrode
iii) incorporated into the microporous polymer separator
iv) deposited onto a surface of the microporous polymer separator, or
v) included as an additive in the electrolyte solution (Paragraph 0003).
In order to trap transition metal cations that leach from the positive electrode and attempt to migrate to the negative electrode, reducing the battery performance (Paragraph 0039). Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the anode (Paragraph 0075).
Thus, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery. The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of modified Zhamu (the apatite coating) in other constituent parts of the battery such as the anode, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 10, Zhamu teaches the sodium ion battery according to claim 1.
Zhamu is silent as to the inorganic transition metal cations trap is incorporated in the electrolyte composition.
However, as discussed above, Halalay discloses a lithium ion battery that includes a positive electrode, a negative electrode, a polymer separator soaked in an electrolyte solution, and a transition metal cation trap (Abstract). Halalay teaches that the transition metal cation trap is
i) incorporated as a binder in any of the positive electrode or the negative electrode
ii) deposited onto a surface of any of the positive electrode or the negative electrode
iii) incorporated into the microporous polymer separator
iv) deposited onto a surface of the microporous polymer separator, or
v) included as an additive in the electrolyte solution (Paragraph 0003).
In order to trap transition metal cations that leach from the positive electrode and attempt to migrate to the negative electrode, reducing the battery performance (Paragraph 0039). Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the electrolyte (Paragraph 0072).
Thus, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery. The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of modified Zhamu (the apatite coating) in other constituent parts of the battery such as the electrolyte, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 11, Zhamu teaches the sodium ion battery according to claim 1.
Zhamu is silent as to the inorganic transition metal cations trap is incorporated in the separator.
However, as discussed above, Halalay discloses a lithium ion battery that includes a positive electrode, a negative electrode, a polymer separator soaked in an electrolyte solution, and a transition metal cation trap (Abstract). Halalay teaches that the transition metal cation trap is
i) incorporated as a binder in any of the positive electrode or the negative electrode
ii) deposited onto a surface of any of the positive electrode or the negative electrode
iii) incorporated into the microporous polymer separator
iv) deposited onto a surface of the microporous polymer separator, or
v) included as an additive in the electrolyte solution (Paragraph 0003)
in order to trap transition metal cations that leach from the positive electrode and attempt to migrate to the negative electrode, reducing the battery performance (Paragraph 0039). Halalay teaches an embodiment in which the transition metal cation trap is incorporated into the separator (Paragraph 0072).
Thus, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery. The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of modified Zhamu (the apatite coating) in other constituent parts of the battery such as the separator, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 14, Zhamu teaches the electrochemical component of claim 13.
Zhamu is silent as to the electrochemical component is a negative electrode.
However, as described above in the rejection of claim 9, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery, including in the anode (option ii of Halalay discussed above). The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of modified Zhamu (the apatite coating) in other constituent parts of the battery such as the anode, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 15, Zhamu teaches the electrochemical component of claim 13.
Zhamu is silent as to the electrochemical component is an electrolyte composition.
However, as discussed above in the rejection of claim 10, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery, including in the electrolyte (option v of Halalay discussed above). The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of modified Zhamu (the apatite coating) in other constituent parts of the battery such as the electrolyte, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Regarding claim 16, Zhamu teaches the electrochemical component of claim 13.
Zhamu is silent as to the electrochemical component is a separator.
However, as discussed above in the rejection of claim 11, Halalay teaches that it is known in the art to incorporate transition metal cation traps in a plurality of places throughout a battery, including in the separator (option iii of Halalay discussed above). The ordinary artisan would find it obvious to try to incorporate the transition metal on trap of modified Zhamu (the apatite coating) in other constituent parts of the battery such as the separator, as exemplified by Halalay, in order to mitigate leaching of cations from the positive electrode that could reduce battery performance.
Conclusion
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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