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 .
Specification
The disclosure is objected to because of the following informalities: paragraph [0023], [0036] in two places, and [0053] all recites “lithium acetate dihydrate (CH3CHOOLi2H2O)”, but there should be a break between the lithium acetate [CH3CHOOLi] and the hydrate portion [2H2O]. For instance, an appropriate correction would be CH3CHOOLi-2H2O.
The disclosure is objected to because of the following informalities: paragraph [0023], [0036] in two places, and [0053] all recites “calcium chloride hydrate (CaCl9H2O)”. However, calcium chloride does not usually have 9 chloride atoms per calcium atom; generally calcium chloride is noted as CaCl or CaCl2. There should further be a break between the calcium chloride portion and hydrate portion. It is considered that perhaps the intended language is “CaClx-9H2O” where is x is a placeholder for the appropriate number.
Appropriate correction is required.
Claim Objections
Claim 18 is objected to because of the following informalities: “CH3CHOOLi2H2O” in line 2 should be amended to “CH3CHOOLi-2H2O”. 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 18 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 18 recites “calcium chloride hydrate (CaCl9H2O)” in line 3. However, calcium chloride does not usually have 9 chloride atoms per calcium atom; generally calcium chloride is noted as CaCl or CaCl2. There should further be a break between the calcium chloride portion and hydrate portion. Therefore it is unclear as to what compound is required. It is considered that perhaps the intended language is “CaClx-9H2O” where is x is a placeholder for the appropriate number.
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.
Claim(s) 1, 9-10, 14-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fan et al. (US 2019/0058198).
Regarding claim 1, Fan teaches a battery with anti-corrosion protection (abstract). The battery cell 150 includes an electrolyte and a current collector 100 of an electrode ([0005], [0008], [0012]) interposed between a pair of anti-corrosion layers 110A,B which is further interposed between safe layers 120A,B or between positive thermal coefficient layers 130A,B ([0067], [0075], [0081], and Figs 2-3).
The order of the anti-corrosion layers 110A,B and safe layers 120A,B or positive thermal coefficient layers 130A,B can be disposed in any order ([0075], [0081]). As depicted in Figs 2-3, the anti-corrosion layers read on the first safety layer {intermediate layer} [interposed between the first electrode layer and the first protective layer], and the safe layers 120A,B and positive thermal coefficient layers 130A,B read on the first protective layer {outer layer} [interposed between the first safety layer and the first current collector].
The safe layers 120A,B/positive thermal coefficient layers 130A,B [protective layer] are configured to respond to a temperature, voltage, and/or current trigger, for example, by forming a nonconductive gap that electrically decouples the current collector 100 from a corresponding electrode ([0076]). The safe layers 120A/B can expand or contract, undergo an increasing electrical resistivity and can interrupt a current flow ([0076]). The nonconductive gap may be formed by a generation of gas from a reaction of a decomposed salt and a carbonate [e.g., calcium carbonate] in the layers ([0077]). Therefore, the safe layers 120A,B [protective layer] prevent a reaction between the first safety layer [anti-corrosion layer] and the electrolyte and/or the first electrode layer of the battery cell until the first protective layer [safe layers 120A,B] is activated by a second trigger.
The battery further includes a second electrode (see positive and negative electrodes) and a separator interposed between the electrodes ([0090]-[0091]).
With regards to the first safety layer configured to respond to a first trigger by at least interrupting a current flow within the battery cell, Fan teaches the anti-corrosion layers can be made from oxides, carbonates, polymers and/or a combination, including calcium carbonate ([0070], [0099]). Fan further teaches that carbonates (including calcium carbonate) react with decomposed electrolyte and form a gas ([0077]). As Fan teaches that the generated gas causes the formation of a nonconductive gap ([0008]), that the nonconductive gap serves to interrupt and/or minimize a current flow ([0076]), Fan teaches that materials in the anti-corrosion layers 110A,B [safety layer] respond to a first trigger by at least interrupting a current flow within the battery.
In addition, Fan teaches the anti-corrosion layer can prevent corrosion of the current collector by participating in sacrificial reactions ([0063]), and teaches the anti-corrosion layers 110A,B can also be hybrid anti-corrosion layers that are configured to respond to a temperature trigger, a voltage trigger, and/or a current trigger by at least forming a nonconductive gap and/or a high resistance gap between the current collector and an electrode of the battery ([0012]).
Regarding claim 9, Fan discloses all of the clam limitations as set forth above. Fan teaches that the safe layers 120A/B decompose in response to a trigger ([0077]); as such, the underlying layer [anti-corrosion layer 110A,B] is exposed to the electrolyte and/or the first electrode layer of the battery cell when at least the portion of the first protective layer decomposes in response to the second trigger.
Regarding claim 10, Fan discloses all of the clam limitations as set forth above. Fan teaches that the safe layers 120A/B can contract [shrink] in response to the second trigger ([0076]); as such, the underlying layer [anti-corrosion layer 110A,B] is exposed to the electrolyte and/or the first electrode layer of the battery cell when at least the portion of the first protective layer decomposes in response to the second trigger.
Regarding claim 14, Fan discloses all of the clam limitations as set forth above. Fan teaches that the safe layers 120A/B and positive thermal coefficient layers 130A/B can be made from polyethylene (PE) and/or polyvinylidene fluoride (PVDF) ([0078], [0082]). Fan further teaches that the safe layer 120A/B can be made from a negative thermal expansion material ({0076]), and are reactive with the decomposition byproducts of electrolyte ([0077]).
Regarding claim 15, Fan discloses all of the clam limitations as set forth above. Fan teaches that the first electrode is the positive electrode of the battery cell, and the second electrode is a negative electrode of the battery cell ([0090]-[0091], [0098]-[0099]).
Regarding claim 16, Fan discloses all of the claim limitations as et forth above. Fan discloses the first current collector [of the positive electrode] is aluminum ([0137]-[0138]), and the second current collector [of the negative electrode] is copper ([0139]).
Regarding claim 17, Fan discloses all of the clam limitations as set forth above. Fan teaches the anti-corrosion layers 110A,B [first safety layers] can be made from carbonates ([0070]).
Regarding claim 19, Fan discloses all of the clam limitations as set forth above. Fan discloses that the battery is a lithium ion battery ([0059]).
Regarding claim 20, Fan discloses all of the clam limitations as set forth above. Fan teaches that the battery cell can be in the form of a flat jelly-roll in a composite bag [pouch type] ([0091]) or a prismatic cell ([0177]).
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(s) 2-8, 11-13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (US 2019/0058198), as applied to claim 1 above, and further in view of Fan et al. (US 2016/0149196, herein referred to as Fan 2016).
Regarding claims 2-3, Fan discloses all of the claim limitations as set forth above. While Fan discloses a second electrode ([0090]-[0091]), Fan does not explicitly disclose (claim 2) wherein the second electrode further includes a second safety layer configured to respond to the first trigger by at least interrupting the current flow within the battery cell, and wherein the second electrode further includes a second protective layer configured to prevent a reaction between the second safety layer and the electrolyte and/or the second electrode layer of the battery cell until the second protective layer is activated by the second trigger; or (claim 3) wherein the second protective layer is interposed between the second electrode layer and the second safety layer, and wherein the second safety layer interposed between the second protective layer and the second current collector.
Fan 2016 discloses a rechargeable battery having a current limiter/current interrupter to prevent thermal runaway (abstract). The current limiter 6 and current interrupter 8 can be interposed between the anode energy layer and the anode current collector (Fig 1A), between the cathode energy layer and the cathode current collector (Fig 1C), or between the anode energy layer and the anode current collector and between the cathode energy layer and the cathode current collector (Fig 1E).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the current limiter and current interrupter position between the electrodes and their respective current collectors as taught by Fan 2016 with the anti-corrosion layers and safe layers/positive thermal coefficient layers of Fan for the purpose of preventing thermal runaway by protecting both electrodes.
Regarding claims 4-5, Fan discloses all of the claim limitations as set forth above. While Fan teaches that safe layers 120A,B/positive thermal coefficient layers 130A,B [protective layer] are configured to respond to a temperature, voltage, and/or current trigger ([0076]), teaches that the safe layers 120A,B can decomposition and/or delaminate which reveals/exposes the anti-corrosion layer to the electrolyte and/or the first electrode layer of the battery cell ([0077]), and teaches that the anti-corrosion layer [safety layer] can respond to triggers ([0008], [0076], [0012]), Fan does not explicitly disclose (claim 4) wherein the first safety layer (anti-corrosion layer) is further configured to interrupt the current flow within the battery cell upon being exposed to the electrolyte and/or the first electrode layer of the battery cell; and (claim 5) wherein the first safety layer undergoes a reaction with the electrolyte and/or the first electrode layer of the battery cell upon being exposed to the electrolyte and/or the first electrode layer of the battery cell.
Fan 2016 discloses a rechargeable battery having a current limiter/current interrupter to prevent thermal runaway (abstract). The current interrupter 8 has a gas generating compound ([0015]). The current interrupter 8 transitions from its engaged configuration to its disengaged configuration by triggering the gas generating component responsive to the trigger or decomposed electrolyte ([0020], [0039]). The resulting generated gas delaminates the laminated connection for interrupting the electrical coupling between the electrode (12 or 14) and its corresponding current collector 4 ([0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the gas generation in response to the exposure of decomposed electrolyte of the current interrupter of Fan 2016 with the anti-corrosion layer of Fan for the purpose of preventing thermal runaway.
Regarding claims 6-8, modified Fan discloses all of the claim limitations as set forth above. Fan teaches that the anti-corrosion layer can expand to create a nonconductive gap ([0064] in view of [0008]), can decompose to create a nonconductive gap ([0064] in view of [0008]), or undergo a solid-to-solid phase transition while changing from a conductive phase to a nonconductive phase ([0064]).
Regarding claims 11-13, Fan discloses all of the claim limitations as set forth above. While Fan teaches that safe layers 120A,B/positive thermal coefficient layers 130A,B [protective layer] are configured to respond to a temperature, voltage, and/or current trigger ([0076]) and teaches that the anti-corrosion layer can respond to triggers ([0008], [0076], [0012]), Fan does not explicitly disclose: (claim 11) wherein the first trigger comprises a different trigger or a trigger having a different threshold than the second trigger; (claim 12) wherein the first trigger and the second trigger each comprise a temperature trigger, a voltage trigger, a current trigger, or a physical damage to the battery cell; or (claim 13) wherein the second trigger is a physical damage to the first protective layer, and wherein the first trigger is a temperature trigger, a voltage trigger, and/or a current trigger.
Fan 2016 discloses a rechargeable battery having a current limiter/current interrupter to prevent thermal runaway (abstract). Fan 2016 teaches the current interrupter can be triggered by temperature, voltage, and/or by both, or can include two compounds where one is triggered by temperature and the other by voltage, or with multiple compounds that have specific temperature or voltage thresholds ([0084]-[0091]). Fan 2016 further teaches an impact test ([0186], [0259]-[0261]); therefore, Fan 2016 also reasonably suggests a physical damage trigger.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use different triggers for the different layers (including different trigger mechanisms, different thresholds, and/or the outer layer having a physical impact trigger) as taught by Fan 2016 with the triggers of Fan for the purpose of having different triggers for multiple or different scenarios to prevent thermal runaway.
Regarding claim 18, Fan discloses all of the claim limitations as set forth above. While Fan discloses the anti-corrosion layers [first safety layer] can have carbonates, including calcium carbonate ([0070]), and teaches that carbonates (including calcium carbonate) react with decomposed electrolyte and form a gas ([0077]), Fan does not explicitly disclose wherein the first safety layer includes one or more of lithium acetate dihydrate (CH3COOLi2H2O), sodium metasilicate hydrate (Na2SiO3*9H2O), and calcium chloride hydrate (CaCl9H2O).
Fan 2016 discloses a rechargeable battery having a current limiter/current interrupter to prevent thermal runaway (abstract). The current interrupter 8 has a gas generating compound ([0015]). Fan 2016 discloses gas generator material includes inorganic carbonates, including Mn(CO3)m [including calcium carbonate, CaCO3] and NaSiO3*H2O [sodium metasilicate hydrate) ([0092], [0154]). That is, Fan 2016 recognizes that gas generating compounds in a current interrupting/limiting layer between an electrode and current collector can have a carbonate [calcium carbonate] or a hydrate of sodium metasilicate.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use/combine the NaSiO3*H2O [sodium metasilicate hydrate] gas generating material of the current interrupter/limiter of Fan 2016 as the gas generating material of Fan because Fan 2016 teaches the materials of calcium carbonate and NaSiO3*H2O [sodium metasilicate hydrate] can be both be used as gas generating compounds in a layer between the electrode and current collector, and would amount to a simple substitution of one known element for another to obtain predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (ET).
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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.
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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