DETAILED ACTION
(1)
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 is the first office action on the merits. Claims 1-20 are pending before the Office for review.
(2)
Claim Objections
Claim 11 objected to because of the following informalities: “a second” should be “at a second”. Appropriate correction is required.
(3)
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 20 is 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 20 is unclear as to what is required by the claimed invention. Claim 20 recites “the porous medium is made directly from the positively charged layer and the negatively charged layer.” It’s unclear what this feature of the claimed invention requires. If Applicant is attempting to structurally limit the porous medium, Applicant should use more descriptive claim language.
(4)
Claim Rejections - 35 USC § 102
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (U.S. Publication No. 2007/0020501), which is cited in Applicant’s information disclosure statement.
With respect to claim 1, Examiner notes the statement “for an energy storage device” is a statement of intended use that does not further limit the claimed invention. The cited statement recites a function performed by the electrode assembly. Any electrode assembly meeting the requirements of the claimed invention is capable of the same use absent evidence to the contrary.
Li teaches an electrode assembly (Figure 2) comprising an electrode and a counter electrode (Zn Plate and Nickel-Sponge Plate) and a separator (membrane) between the electrode and the counter electrode, the separator including a porous medium (claim 13) defining opposing major surfaces facing the electrode and the counter electrode, respectively, and first and second oppositely charged layers located at a first major surface and a second major surface of the major surfaces. Figure 2, Paragraphs 13-21, Example 1 and Claim 13.
With respect to claim 2, Li teaches the electrode is an anode, the counter electrode is a cathode and the first charged layer includes a positively charged layer and faces the cathode and the second charged layer is a negatively charged layer and faces the anode. Figure 2, Paragraphs 13-21 and Example 1.
With respect to claim 3 and 4, Li teaches the positively charged layer includes a positively charged polymer, such as poly(diallyldimethylammonium chloride) and the negatively charged layer includes a negatively charged polymer, such as poly(sodium styrene sulfonate). Paragraphs 16, 21 and 29.
(5)
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. Publication No. 2007/0020501) in view of Han et al., Dendrite Suppression by Shock Electrodeposition in Charged Porous Media. Sci Rep 6, 28054 (2016), which is cited in Applicant’s information disclosure statement.
With respect to claim 5, Li teaches the positively charged polymer includes poly(diallyldimethyl ammonium chloride) (paragraph 16) but fails to teach the negatively charged polymer includes poly(styrenesulfonate).
However, Han, which deals with electrode assemblies comprising charged layers on the separator surface, teaches poly(styrenesulfonate) is an effective negatively charged polymer material that is paired with poly(diallyldimethyl ammonium chloride). Page 10, Sample preparation.
It would have been obvious to one ordinarily skilled in the art at a time before the effective filing date of the claimed invention that the combination of Li with Han is the simple substitution of one known element for another to obtain predictable results. Li teaches charged polymer layers deposited on the porous medium of the separator, wherein one of the negatively charged polymer materials is poly(sodium styrenesulfonate). Han teaches poly(styrenesulfonate) is an effective negatively charged polymer material for the same purpose. Additionally, one ordinarily skilled in the art at a time before the effective filing date of the claimed invention would appreciate the difference between the two is simply the presence of sodium. Therefore, it would have been obvious to one ordinarily skilled in the art to use poly(styrene sulfonate) in place of Li’s poly(sodium styrene sulfonate) because Han teaches this to be an effective negatively charged polymer material for purposes of forming a separator, meaning the modification has a reasonable expectation of success.
(6)
Claims 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. Publication No. 2007/0020501) in view of Zhi et al., Biomolecule-guided cation regulation for dendrite-free metal anodes, Sci. Adv. 6,1342 (2020), which is cited in Applicant’s information disclosure statement. Examiner will also be citing to the Supplementary materials for this publication, a copy of which is included with this office action.
With respect to claims 6, 8, 9 and 10, Li teaches the electrode assembly has applications in a Li-ion cell or a Zn-containing battery (paragraph 9) but is silent as to whether this comprises impregnating the separator with an electrolyte comprising lithium ions and/or zinc ions.
However, Zhi, which deals with Li and Zn metal batteries wherein the separators having coatings thereon, teaches such batteries are formed by disposing the anode, cathode and separator in an aqueous electrolyte and an organic electrolyte solution (which is interpreted to be nonaqueous) comprising Zn and Li ions or only Li ions. Materials and Methods, Battery assembly. The formed battery, as seen in Figure 17s of the supplementary materials, comprises the anode, cathode and separator combined with electrolyte and sealed within a sealing brass and sealing rubber, which means the electrolyte, to a degree, is pressed (impregnated) with the lithium and zinc or lithium ions, respectively, within the scope of the claimed invention. Figure 17s. Zhi teaches this battery structure allows for testing of the electrochemical cell. Materials and Methods, Electrochemical test.
Therefore, it would have been obvious to one ordinarily skilled in the art at a time before the effective filing date of the claimed invention to modify the electrode assembly taught by Li to impregnate Zn and Li or Li ions therein via an aqueous or organic (nonaqueous) electrolyte because Zhi teaches doing so allows for testing of the electrochemical cell, meaning the modification has a reasonable expectation of success.
With respect to claim 7, Examiner notes the statements “regulates transport of the charge carrier ions through the porous medium” and “facilitates autonomously blocking metal dendrite growth within the porous medium” are statements of intended use that do not further limit the claimed invention. The cited statements recite a function performed by the negatively and positively charged carrier layers. Any electrode assembly comprising negative and positively charged carrier layers meeting the requirements of the claimed invention are capable of the same use absent evidence to the contrary.
Modified Li teaches the electrode assembly is associated with blocking dendrite growth and high ionic conductivities, meaning the positively and negatively charged carrier layers are capable of performing the intended use. Li, Paragraphs 8.
With respect to claims 11, 12, 14, 16 and 17, Li and Zhi, as combined above, teach the electrode assembly comprises an anode (electrode) and a cathode (counter electrode) having a separator comprising a porous medium disposed between the two, the separator further comprising positively and negatively charged layers on respective first and second major surfaces, wherein the first charged layer is a positively charged layer and faces the cathode and the second charged layer is a negatively charged layer and faces the anode and . Li, Figure 2, Paragraphs 13-21 and Example 1. Li and Zhi, as combined above, further teach the separator between the two is impregnated with an aqueous or non-aqueous (organic) electrolyte comprising Zn and Li or Li ions. Zhi, Materials and Methods, Battery assembly and Experimental results. Modified Li further teaches a plurality of the above-described electrode assemblies are stacked to form an energy storage device. Zhi, Materials and Methods, Battery assembly and Experimental results.
With respect to claim 13, modified Li teaches the positively charged layer includes a positively charged polymer and the negatively charged layer includes a negatively charged polymer. Li, Paragraphs 16, 21 and 29.
With respect to claim 15, Examiner notes the statements “regulates transport of the charge carrier ions through the porous medium” and “facilitates autonomously blocking metal dendrite growth within the porous medium” are statements of intended use that do not further limit the claimed invention. The cited statements recite a function performed by the negatively and positively charged carrier layers. Any electrode assembly comprising negative and positively charged carrier layers meeting the requirements of the claimed invention are capable of the same use absent evidence to the contrary.
Modified Li teaches the electrode assembly is associated with blocking dendrite growth and high ionic conductivities, meaning the positively and negatively charged carrier layers are capable of performing the intended use. Li, Paragraphs 8.
With respect to claim 18, modified Li teaches a method of assembling an electrode assembly comprising preparing a cathode by applying a cathodically active material to a cathode current collector, preparing an anode by applying a cathodically active material to an anode current collector, preparing a separator by forming positively and negatively charged layers that define first and second surfaces of a porous medium and positioning the separator between the cathode and anode such that the positively charged layer faces the cathode and the negatively charged layer faces the anode. Li, Figure 2, Paragraphs 13-21 and Example 1 and Zhi, Materials and Methods, Battery assembly and Experimental results.
With respect to claims 19 and 20, modified Li teaches forming the positively charged layer on the first surface of the porous medium comprises immersing the porous medium in a positively charged polyelectrolyte solution and forming the negatively charged layer on the second surface of the porous medium comprises immersing the porous medium in a negatively charged polyelectrolyte solution, wherein no intermediate steps are disclosed, meaning the porous medium is made directly from the positively and negatively charged layer. Li, Figure 2, Paragraphs 13-21 and Example 1.
(7)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELI S MEKHLIN whose telephone number is (571)270-7597. The examiner can normally be reached Monday-Friday 7:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELI S MEKHLIN/Primary Examiner, Art Unit 1759
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