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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 04/24/2024, 11/12/2024, and 06/12/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings received on 04/24/2024 were reviewed and are acceptable.
Specification
The abstract of the disclosure is objected to because it does not reasonably appear to enable the reader to determine that which is new in the art to which the invention pertains. Specifically, the invention does not appear to encompass neither an interface, nor a continuous gradient of binder concentration across the interface (see Instant claims 1-24). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim(s) 1-23 is/are objected to because of the following informalities: “A composition” or “The composition” in the preamble(s) is nondescriptive of the recited invention(s) because the claim(s) recite various layers of an electrochemical cell and their structural relationships, e.g. “wherein the first interlayer and the second interlayer are positioned between…”. Furthermore, there does not appear to be any reasonable interpretation of a “composition” being e.g. six different layers of different materials.
Appropriate correction is required.
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.
Claim(s) 1-17 is/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.
Claim 1 recites the limitation “the separator layer” in line 6. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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.
(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) 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jordy et al. (US 2022/0181613 A1; hereinafter “Jordy”).
Regarding claim 24, Jordy discloses a method of making an electrochemical cell (Title/Abstract) comprising:
coating a first interlayer composition (layer of Zn, [0104]) onto a first current collector ([0104]);
coating a second interlayer composition (layer of Bi, [0104]) onto the first interlayer composition ([0104]), thereby forming a first portion of the electrochemical cell (negative electrode, [0104]); and
laminating the first portion of the electrochemical cell with a second portion of the electrochemical cell ([0116-0117]).
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.
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, 3-4, 11, 13-14, 18-20, and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jordy et al. (US 2022/0181613 A1; hereinafter “Jordy”).
Regarding claim 1, Jordy discloses a composition for use in an electrochemical cell (Title) comprising:
a first current collector layer ([0011]);
a first interlayer (layer 1, [0012]);
a second interlayer (layer n, [0012]);
wherein the first interlayer and the second interlayer are positioned between the first current collector and [a] separator layer ([0012]);
[the] separator layer (solid electrolyte layer, [0064]);
a cathode layer (positive electrode, [0062]); and
a second current collector layer (positive current collector, [0069]).
Jordy discloses that the first and second interlayers should have a thickness between 0.05 to 20 mm ([0043]), and therefore does not explicitly disclose thicknesses of about 1 micron to about 10 microns.
Jordy is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely compositions for electrochemical cells.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (0.05 to 20 mm significantly overlaps 1 to 100 mm) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claim 3, Jordy discloses all of the claim limitations as set forth above.
Jordy further discloses that the first interlayer comprises a metal, specifically zinc or magnesium ([0038]).
Regarding claim 4, Jordy discloses all of the claim limitations as set forth above.
Jordy further discloses that the interlayers may be formed via various methods, e.g. coating, plating, sputtering, etc…([0056]), and discloses that the second interlayer is formed via coating metal nanoparticles having a preferable size of 50 nm ([0104]), but does not explicitly disclose that the first interlayer metal has an average particle size of less than about 900 nm.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely coat the metal of the first interlayer using 50 nm particles, as suggested by Jordy, and because doing so would amount to nothing more than to use a known material and method for their intended use in a known environment to accomplish an entirely predictable result.
Regarding claim 11, Jordy discloses all of the claim limitations as set forth above.
Jordy further discloses that the thicknesses of the first interlayer and the second interlayer is measured before densification (see [0043] which describes the appropriate thicknesses of the layers, and does not describe that such thicknesses are after densification).
Regarding claim 13, Jordy discloses all of the claim limitations as set forth above.
Jordy further discloses that the first interlayer and the second interlayer are free of lithium ([0021]).
Regarding claim 14, Jordy discloses all of the claim limitations as set forth above.
Jordy further discloses that the first interlayer and/or the second interlayer comprise lithium after the electrochemical cell is first cycled ([0021]).
Regarding claim 18, Jordy discloses a composition for use in an electrochemical cell (Title) comprising:
a first current collector layer ([0011]);
an interlayer (layer 1, [0012]);
a separator layer (solid electrolyte layer, [0064]);
wherein the interlayer is positioned between the first current collector and the separator layer ([0012]);
a cathode layer (positive electrode, [0062]); and
a second current collector layer (positive current collector, [0069]).
Jordy discloses that the first and second interlayers should have a thickness between 0.05 to 20 mm ([0043]), and therefore does not explicitly disclose thicknesses of about 1 micron to about 10 microns.
Jordy is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely compositions for electrochemical cells.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (0.05 to 20 mm significantly overlaps 1 to 10 mm) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claims 19 and 20, Jordy discloses all of the claim limitations as set forth above.
Jordy further discloses that the interlayer comprises a metal, specifically zinc, magnesium, silicon, or tin ([0034]).
Regarding claims 22 and 23, Jordy discloses all of the claim limitations as set forth above.
Jordy further discloses a plating layer, specifically comprising lithium metal (layer n, [0012], which reads on a plating layer because the layer alloys with lithium during cycling [0024-0027]), thereby “plating” lithium into the layer) positioned between the interlayer and the separator layer (as shown in Fig 1).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jordy et al. (US 2022/0181613 A1; hereinafter “Jordy”), as applied to claim 1 above, in view of Brewer et al. (US 2021/0050593 A1; hereinafter “Brewer”).
Regarding claim 15, Jordy discloses all of the claim limitations as set forth above.
Jordy discloses that the first current collector comprises coper ([0049]), but does not disclose a thin layer of copper oxide.
Brewer teaches anodes for lithium based energy storage devices (Title). Brewer teaches that the anode current collector may comprise a metallic copper foil and a layer of copper oxide over the copper foil ([0046]).
Brewer is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely anodes for electrochemical cells.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to utilize copper oxide over the coper foil current collector of Jordy, as doing so would amount to nothing more than to use a known material for its intended use in a known environment to accomplish an entirely predictable result, as suggested by Brewer.
Claim(s) 1-5, 8-10, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2021/0143468 A1; hereinafter “Kim”).
Regarding claim 1, Kim discloses a composition for use in an electrochemical cell (Title) comprising:
a first current collector layer (21);
a first interlayer/interlayer (first anode active material layer 22 or second anode active material 23; see Fig 8 which shows the order of layers as 21-23-22 or [0112] which describes the order of layers as 21-22-23);
a second interlayer (second anode active material 23 or first anode active material layer 22);
wherein the first interlayer/interlayer and the second interlayer are positioned between the first current collector and [a] separator layer (as shown in Fig 8 or as described at [0112]);
[the] separator layer (solid electrolyte layer 30);
a cathode layer (12); and
a second current collector layer (11).
Kim discloses that the first and second interlayers should have a thickness between 1 to 20 mm ([0105]) or 1 to 50 mm ([0114]), and therefore does not explicitly disclose thicknesses of about 1 micron to about 10 microns.
Kim is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely compositions for electrochemical cells.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (1 to 20 mm or 1 to 50 mm significantly overlaps 1 to 10 mm) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claim 2, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the first interlayer (22 when the [0112] configuration is used) comprises a mixture of carbon materials (mixture of amorphous carbon and metal, [0102]).
Regarding claim 3, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the first interlayer (22 when the [0112] configuration is used) comprises a metal, specifically silver (silver, [0102]).
Regarding claim 4, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the metal has an average particle size of less than about 900 nm (about 900 nm or less, [0102], which falls within the recited range).
Regarding claim 5, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the first interlayer (22 when the [0112] configuration is used) comprises a binder ([0103]).
Regarding claim 8, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the second interlayer (22 when the Fig 8 configuration is used) comprises silicon (silicon, [0102]).
Regarding claim 9, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the second interlayer (22 when the Fig 8 configuration is used) comprises carbon materials (amorphous carbon, [0102]).
Regarding claim 10, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the second interlayer (22 when the Fig 8 configuration is used) comprises a binder ([0103]).
Regarding claim 12, Kim discloses all of the claim limitations as set forth above.
Kim further discloses that the metal has a concentration in the first interlayer from about 5 wt% to about 50 wt% (20 to 30 wt%, [0102], which falls within the recited range).
Claim(s) 6-7 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2021/0143468 A1; hereinafter “Kim”), as applied to claims 1 or 18 above, in view of House et al. (US 2021/0091383 A1; hereinafter “House).
Regarding claims 6-7 and 16-17, Kim discloses all of the claim limitations as set forth above.
Kim discloses that the first interlayer (or the second interlayer, as noted above) comprises a metal active material, and that any suitable material that is a metal anode active material may be used ([0100]), but does not disclose a metal carbide, specifically silicon carbide.
House teaches graphene enabled bipolar electrodes for batteries (Title). House teaches that an anode active material is not restricted, and gives various appropriate materials including silicon carbide ([0118]) having a particle size diameter of 0.5 to 100 nm ([0120]).
House is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely compositions for electrochemical cells.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select silicon carbide having a particle size diameter of 0.5 to 100 nm as the metal anode active material of Kim, as doing so would amount to nothing more than to use a known material for its intended use in a known environment to accomplish an entirely predictable result.
Accordingly, the skilled artisan would find it obvious that modified Kim discloses that the interlayer comprises a metal carbide, specifically silicon carbide (House: [0118]) having an average particle size diameter of less than about 1 mm (House: 0.5 to 100 nm, [0120], which falls within the recited range).
Modified Kim does not explicitly disclose a plating layer positioned between the second interlayer and the separator layer, nor between the first interlayer and the second interlayer.
However, the skilled artisan would find it obvious that the electrode of modified Kim would reasonably form the recited plating layers due to the presence of silicon carbide in the first or second interlayer, as evidenced by the Instant Specification which describes the plating layer being formed due to the incorporation of silicon carbide in the layers (see Instant Specification [0096-0097]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lim et al. (US 2023/0231143 A1) discloses an anodeless all solid state battery;
He et al. (US 2019/0386296 A1) discloses a lithium sulfur battery; and
Zhamu et al. (US 2023/0057285 A1) discloses a prelithiated anode and battery.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M ERWIN whose telephone number is (571)272-3101. The examiner can normally be reached Monday-Friday: 6am-3pm PDT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 10/05/2026
