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 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.
1. Claim(s) 1-2,6,10,19,21-22,30 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Miyaji et al. (JP2004349164).
As to claim 1, Miyaji et al. discloses a composite (figure 6) comprising at least one layer, the at least one layer comprising: a first plurality of particles (34) selected from at least one of Al particles and Al alloy particles; and a second plurality of particles (36) selected from at least one of metal particles and non-metal particles, wherein the metal particles are selected from at least one of zinc, silicon, bismuth, copper, germanium, indium, antimony, tin, magnesium, or combinations thereof, and the non- metal particles are selected from at least one of carbon, lithium titanium oxide, titania, MoO,MoS2, Co2O4, MnO2, Fe2 Fe3O4, FeS, CuO, or combinations thereof (paragraph 0024-0025).
As to claim 2, Miyaji et al. discloses, wherein the composite allows transmission of lithium atoms or lithium ions to the Al particles (paragraph 0045).
As to claim 6, Miyaji et al. discloses wherein the first plurality of particles has an average particle size from 10 nm to 100 pm and the second plurality of particles has an average particle size from 10 nm to 100 pm (paragraph 0035,0046).
As to claim 10, wherein the composite collects lithium at a potential of from 0 V to 5 V vs. Li/Li+, since Miyaji et al. discloses the same composite desired by the applicant, it is inherent that the composite collects lithium at a potential of from 0 V to 5 V vs. Li/Li+.“Products of identical chemical composition can not have mutually exclusive properties.”A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 19, Miyaji et al. discloses comprising or corresponding to an electronic substrate, a current collector, a capacitor, a supercapacitor, a current collector for an electrochemical cell, a current collector for a lithium-ion electrochemical cell, or combinations thereof (figure 6 number 14).
As to claim 21, Miyaji et al. discloses comprising or corresponding to an active anode for a lithium-ion electrochemical cell (paragraph 0001).
As to claim 22, Miyaji et al. discloses a device comprising: a first electrochemical cell electrode (paragraph 0001) comprising a composite (figure 6) having at least one layer, wherein the composite is one or both of a current collector (figure 6 number 14) and an electrode active material, wherein the at least one layer includes:a first plurality of particles (34) selected from at least one of Al particles and Al alloy particles (paragraph 0024); and a second plurality of particles (36) selected from at least one of metal particles and non-metal particles, wherein the metal particles are selected from at least one of zinc, silicon, bismuth, copper, germanium, indium, antimony, tin, magnesium, or combinations thereof, and the non-metal particles are selected from at least one of carbon, lithium titanium oxide, titania, MoO, MoS2, Co2O4, MnO2, Fe2Fe3O4, FeS, CuO, or combinations thereof; a second electrochemical cell electrode; and an electrolyte positioned between the first electrochemical cell electrode and the second electrochemical cell electrode (paragraph 0025).
As to claim 30, Miyaji et al. discloses a composite comprising at least one layer, the at least one layer comprising: an alloy comprising Al and at least one additional component, the at least one additional component comprising at least one of zinc, silicon, bismuth, copper, germanium, indium, antimony, tin, magnesium, or combinations thereof (paragraph 0019).
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.
2. Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyaji et al. in view of Zhong et al. (CN104979536).
Miyaji et al. discloses the composite described above. Miyaji et al. fail to disclose
comprising 1 to 99 wt. % Al metal or alloy based upon a total weight of the composite and comprising from 40 to 70 wt. % Al metal or alloy. Zhong teaches comprising 1 to 99 wt. % Al metal or alloy based upon a total weight of the composite and comprising from 40 to 70 wt. % Al metal or alloy for the purpose of improving the lithium ion anode active material (paragraph 0019).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to Miyaji et al. with comprising 1 to 99 wt. % Al metal or alloy based upon a total weight of the composite and comprising from 40 to 70 wt. % Al metal or alloy for the purpose of improving the lithium ion anode active material (paragraph 0019).
3. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyaji et al. in view of Park et al. (US20180233741).
Miyaji et al. discloses the composite described above. Miyaji et al. fail to disclose wherein the first plurality of particles and second plurality of particles each have a purity of 90 wt. % or more. Park et al. teaches wherein the first plurality of particles and second plurality of particles each have a purity of 90 wt. % or more for the purpose of providing a negative electrode active material which has excellent input/out put characteristics and causes little gas generation during the use of a battery (paragraph 0070-0071,0010).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to Miyaji et al. with wherein the first plurality of particles and second plurality of particles each have a purity of 90 wt. % or more for the purpose of providing a negative electrode active material which has excellent input/out put characteristics and causes little gas generation during the use of a battery (paragraph 0070-0071,0010).
4. Claim(s)11-13,15,20,42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyaji et al. in view of Joo et al. (US20210399384).
Miyaji et al. discloses the composite described above. Miyaji et al. fail to disclose
having a specific capacity of from 450 mAh/g to 1000 mAh/g for at least 14 cycles (120 hours) and having a lithiation percentage of from 50% to 100% and a specific capacity of from 450 mAh/g to 1000 mAh/g for at least 14 cycles (120 hours).
Joo et al. teaches having a specific capacity of from 450 mAh/g to 1000 mAh/g for at least 14 cycles (120 hours) and having a lithiation percentage of from 50% to 100% and a specific capacity of from 450 mAh/g to 1000 mAh/g for at least 14 cycles (120 hours) for the purpose of providing a high capacity negative electrode (paragraph 0135-0136,0015).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to provide Miyaji et al. with a specific capacity of from 450 mAh/g to 1000 mAh/g for at least 14 cycles (120 hours) and having a lithiation percentage of from 50% to 100% and a specific capacity of from 450 mAh/g to 1000 mAh/g for at least 14 cycles (120 hours) for the purpose of providing a high capacity negative electrode (paragraph 0135-0136,0015).
As to claim 13, Miyaji et al. fail to disclose having an oxygen content of 50 atomic % or less. Joo et al. teaches having an oxygen content of 50 atomic % or less for the purpose of providing a high capacity negative electrode (paragraph 0245,0015).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to provide Miyaji et al. with disclose having an oxygen content of 50 atomic % or less. Joo et al. teaches having an oxygen content of 50 atomic % or less for the purpose of providing a high capacity negative electrode (paragraph 0245,0015).
As to claim 15, Miyaji et al. fail to disclose wherein the first plurality of particles selected from at least one of Al particles and Al alloy particles is in a powder form or wherein the second plurality of particles selected from at least one of metal particles and non- metal particles is in a powder form.
Joo et al. teaches wherein the first plurality of particles selected from at least one of Al particles and Al alloy particles is in a powder form or wherein the second plurality of particles selected from at least one of metal particles and non- metal particles is in a powder form for the purpose of providing a high capacity negative electrode (paragraph 0242,0015).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to provide Miyaji et al. with wherein the first plurality of particles selected from at least one of Al particles and Al alloy particles is in a powder form or wherein the second plurality of particles selected from at least one of metal particles and non- metal particles is in a powder form for the purpose of providing a high capacity negative electrode (paragraph 0242,0015).
As to claims 20,42, Miyaji et al. fail to disclose comprising or exhibiting a micro-porous or nano-porous structure.
Joo et al. teaches comprising or exhibiting a micro-porous or nano-porous structure for the purpose of providing a high capacity negative electrode (paragraph 0252,0015).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to provide Miyaji et al. with or exhibiting a micro-porous or nano-porous structure for the purpose of providing a high capacity negative electrode (paragraph 0252,0015).
5. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyaji et al. in view of Masaoka et al. (JP2009266750).
Miyaji et al. discloses the composite described above. Miyaji et al. fail to disclose
wherein the Al metal or alloy comprises an Al alloy sheet or an Al alloy foil having a thickness of from 10 nm to 100 pm or wherein the second plurality of particles comprises a metal or metal alloy sheet or a metal or metal alloy foil having a thickness of from 10 nm to 100 pm.
Masaoka et al. teaches wherein the Al metal or alloy comprises an Al alloy sheet or an Al alloy foil having a thickness of from 10 nm to 100 pm or wherein the second plurality of particles comprises a metal or metal alloy sheet or a metal or metal alloy foil having a thickness of from 10 nm to 100 pm for the purpose of forming a finely powdered lithium aluminum alloy layer on the surface of the negative electrode (paragraph 0028).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to Miyaji et al. with wherein the Al metal or alloy comprises an Al alloy sheet or an Al alloy foil having a thickness of from 10 nm to 100 pm or wherein the second plurality of particles comprises a metal or metal alloy sheet or a metal or metal alloy foil having a thickness of from 10 nm to 100 pm for the purpose of forming a finely powdered lithium aluminum alloy layer on the surface of the negative electrode (paragraph 0028).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE J RHEE whose telephone number is (571)272-1499. The examiner can normally be reached Monday-Friday (10-6:30).
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/JANE J RHEE/Primary Examiner, Art Unit 1724
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