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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 7/10/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
In the instant case, no original copy of JP-7008737-B2 is provided. It has not been considered; the corresponding US document, US-20210288328-A1, which was also cited, has been considered.
Claim Objections
Claim 9 is objected to because of the following informalities: Claim 9 states “A solid-state battery comprising the anode according to claims 1.” The examiner notes claim 9 only depends on one claim, and thus “claims” should read “claim”. Appropriate correction is required.
Claim Interpretation
Regarding claim 1, the limitation “a pore portion without the metallic porous body in a thickness direction from a surface on a solid-state electrolyte side is provided in the anode current collector” will be interpreted as a pore portion formed in the thickness direction on the solid-state electrolyte side of the porous metallic body. The examiner notes the claim necessitates a new set of pores to be formed on the already porous material on the active material side of the electrode, as it would be the portion facing the solid electrolyte in the system.
Regarding claims 3 and 4, the term “porosity” is described as a “pore ratio” in paragraph 41 of the instant specification. The examiner notes this description lacks sufficient information for the applicant to properly define “porosity”, if the description was intended to be a special definition for the term. For the purposes of examination, the term “porosity” will be interpreted as is commonly understood in the art, being the volume of empty space (i.e., the volume of pores or voids) divided by the total volume of the porous material.
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.
Claims 1 and 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (JP 2016058258 A; Henceforth, Shimizu) in view of Zhang et al. (CN 212365998 U; Henceforth, Zhang).
Regarding claim 1, Shimizu teaches a negative electrode for a lithium-ion a secondary battery ([0016]). Shimizu teaches the negative electrode includes a current collector having a framework made of porous metal (equivalent to a porous metal body of the instant claim; [0054]) and an active material supported on the current collector ([0054]). Shimizu teaches a mixture of active material, binder, a conductive additive and a thickener are housed in the pores of the current collector ([0055]). Shimizu teaches multiple holes are then formed in the thickness direction of the negative electrode ([0065]); Shimizu teaches an active material supported current collector (which is made from a porous metal, [0084]) is passed through a roll-press where a jig resembling a pincushion with numerous needles pierce the surface of the coated current collector ([0085]). The examiner notes this constitutes additional holes being places in the negative electrode. Shimizu teaches the holes have a maximum diameter of 50 to 2000 μm ([0071]), and can either be through-holes ([0109]; Figure 3F, reproduced below) or have a depth of 5% or more of the thickness of the current collector ([0031]; Shimizu defines the thickness of the current collector is 100 to 3000 μm in [0034]). Shimizu teaches an example (Table 2, Example 10) where the holes have a diameter of 100 μm, which lies within the instant range and therefore anticipates. See MPEP 2131.03 (I). Shimizu teaches the holes can be added on the separator-side of the negative electrode current collector (Figure 1, reproduced below; element 5 is the porous negative current collector and 6 are the holes formed in the porous current collector), which the examiner notes is on the electrolyte side of the current collector. Shimizu does not teach the use of a solid-state electrolyte, or the resulting battery is a solid state battery.
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Figures 3F (left) and 1 (right), reproduced from Shimizu.
Zhang teaches a lithium solid-state battery ([0007]), wherein perforated positive and negative current collectors are utilized ([0009]). Zhang teaches these perforated electrodes are coated in electrode materials ([0009]), which the examiner interprets to mean the an active material composition, in view of [0017]. Zhang teaches utilizing a battery with perforated current collectors and solid electrolytes enhances the ion transfer capability of the electrolyte in the solid-state battery in all directions, improves the migration efficiency of ions in the electrolyte and improves the reaction between electrolyte ions and the electrode material during high-rate charge and discharge cycles to obtain high power density ([0017]). Zhang additionally teaches utilizing the solid state electrolyte improves the safety performance of the resulting battery by removing flammable organic electrolytic solutions ([0004]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porous negative electrode of Shimizu by utilizing the solid-state electrolyte taught by Zhang. There would have been a motivation to utilize a solid state electrolyte in a battery with porous current collectors, as taught by Zhang, since solid electrolytes improve the resulting safety of the battery ([0004]), and, in tandem with the porous current collectors, they enhance the ion transfer capability of the electrolyte in the solid-state battery in all directions, improve the migration efficiency of ions in the electrolyte and improve the reaction between electrolyte ions and the electrode material during high-rate charge and discharge cycles to obtain high power density ([0017]). A person of ordinary skill in the art would have had the reasonable expectation that the simple substitution of the type of electrolyte and battery of Shimizu for that taught by Zhang would have had predictable results, since Zhang demonstrates precedent of utilizing a perforated current collector with a solid electrolyte in a solid-state battery. See MPEP 2143 (I) B.
Regarding claim 4, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Shimizu teaches the holes can either be through-holes ([0109]; Figure 3F, above) or have a depth of 5% or more of the thickness of the current collector ([0031]). Since Shimizu teaches the thickness of the current collector ranges from 100 to 3000 μm ([0034]), the examiner notes, even with the thinnest current collector, the holes will always be 5 μm or deeper, as 5% of a 100 μm thickness is 5 μm. Therefore, Shimizu teaches the pore portion has a depth equal to or larger than 3 μm in the thickness direction, the added limitation of claim 4.
Regarding claim 5, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Shimizu teaches the holes can either be through-holes ([0109]; Figure 3F, above) or have a depth of 5% or more of the thickness of the current collector ([0031]). Since Shimizu teaches the thickness of the current collector ranges from 100 to 3000 μm ([0034]), the examiner notes, even with the thinnest current collector, the holes will always be 5 μm or deeper, as 5% of a 100 μm thickness is 5 μm. Therefore, Shimizu teaches the pore portion has a depth equal to or larger than 5 μm in the thickness direction, the added limitation of claim 5.
Regarding claim 6, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Shimizu teaches the holes can either be through-holes ([0109]; Figure 3F, above). Therefore, Shimizu teaches the pore portion serves as a through hole, the added limitation of claim 6.
Regarding claim 7, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Shimizu teaches the holes can have a cross-sectional shape of either a circle (Figure 4, below) or quadrangle (Figure 5b, below). Therefore, Shimizu teaches all the added limitations of claim 7.
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Figures 3 (left) and 5b (right), reproduced from Shimizu.
Regarding claim 8, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Shimizu teaches the anode active material can include silicon ([0020]) or SiO ([0021]), which the examiner notes are silicon-based materials. Therefore, Shimizu teaches the additional limitations of claim 8.
Regarding claim 9, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Zhang teaches a lithium solid-state battery ([0007]), wherein perforated positive and negative current collectors are utilized with a solid electrolyte ([0009]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the anode of claim 1 in a solid-state battery, for the reasons outlined in claim 1, above.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu and Zhang in view of Zhang et al. (CN 219203336 U, published 6/16/2023; Henceforth, Chen).
Regarding claim 2, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Shimizu and Zhang do not teach a ratio of a total volume of the pore portion to a porosity of the metallic porous body is equal to or smaller than 10 vol%. Shimizu, however, teaches the porosity of the porous current collector is between 65% and 98% ([0078]), and teaches specific examples where the original porosity of the porous current collector is between 95 % ([0138]) and 97% ([0132]).
Chen teaches a battery ([n0005]), where the current collectors may be a porous metal plate ([n1428]-[n1429]). Chen teaches, to improve the ability for electrolyte to penetrate the active material layer and reduce the polarization of the battery cell, the structure of the current collector can be improved by providing pores in the conductive layer, where the area of the pores accounts for 5% to 50% of the total area of the conductive layer, or by forming through-holes in the current collector, the support and conductive layers, where the porosity of the current collector is 5 to 50% ([n1320]).
The examiner notes that, with a porosity of 5%, the volume of the pores made is 5% of the total volume of the current collector. The pore volume can be extracted as a representative value taught in the art and divided against the porosity of the base current collector material of Shimizu to develop a reasonable value of a ratio of a total volume of the pore portion to a porosity of the metallic porous body for the system taught by Shimizu. Calculated values of this ratio are presented in Table 1, below, where the examiner notes that, so long as the pore volume is less than 7.6% of the volume, a ratio of a total volume of the pore portion to a porosity of the metallic porous body will always be below 8 vol%.
Table 1: Examiner calculations of the ratio of a total volume of the pore portion to a porosity of the metallic porous body using a porosity values taught by Shimizu and pore volumes from the range taught by Chen.
Porosity (Shimizu)
Pore Volume (Chen)
Ratio of a total volume of the pore portion to a porosity of the metallic porous body
0.95
5%
5.26 vol%
0.96
5%
5.21 vol%
0.97
5%
5.15 vol%
0.95
7.5%
7.89 vol%
0.95
7.6%
8.00 vol%
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the negative electrode of claim 1 by utilizing a ratio of a total volume of the pore portion to a porosity of the metallic porous body of less than 10%. Chen demonstrates precedent in the art to utilize electrodes with through-holes, where the resulting porosity is between 5 and 50%, in order to facilitate the penetration of electrolyte into the electrode active material layer and reduce the polarization of the battery cell ([n1320]). A person of ordinary skill in the art before the effective filing date would have had the reasonable expectation that utilizing a pore volume percentage taught by Chen when making the holes in the porous current collector of Shimizu would have predictably allowed the electrolyte to better penetrate the active material layer and reduce the polarization of the battery cell, based on the teachings of Chen. See MPEP 2143 (I) B. The examiner notes the range taught by Shimizu and Chen overlaps/encompasses the range taught by the instant claim. It has been held that, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to select the pore volume percentages from the prior art range taught by Chen, because Chen teaches the desired utility over the entire range.
Regarding claim 3, Shimizu and Zhang teach the solid-state battery anode according to claim 1. Shimizu and Zhang do not teach a ratio of a total volume of the pore portion to a porosity of the metallic porous body is equal to or smaller than 8 vol%. Shimizu, however, teaches the porosity of the porous current collector is between 65% and 98% ([0078]), and specific examples where the porosity of the porous current collector is between 95 % ([0138]) and 97% ([0132]).
Chen teaches a battery ([n0005]), where the current collectors may be a porous metal plate ([n1428]-[n1429]). Chen teaches, to improve the ability for electrolyte to penetrate the active material layer and reduce the polarization of the battery cell, the structure of the current collector can be improved by providing pores in the conductive layer, where the area of the pores accounts for 5% to 50% of the total area of the conductive layer, or by forming through-holes in the current collector, the support and conductive layers, where the porosity of the current collector is 5 to 50% ([n1320]).
The examiner notes that, with a porosity of 5%, the volume of the pores made is 5% of the total volume of the current collector. The pore volume can be extracted as a representative value taught in the art and divided against the porosity of the base current collector material of Shimizu to develop a reasonable value of a ratio of a total volume of the pore portion to a porosity of the metallic porous body for the system taught by Shimizu. Calculated values of this ratio are presented in Table 1, above, where the examiner notes that, so long as the pore volume is less than 7.6% of the volume, a ratio of a total volume of the pore portion to a porosity of the metallic porous body will always be below 8 vol%.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the negative electrode of claim 1 by utilizing a ratio of a total volume of the pore portion to a porosity of the metallic porous body of less than 8%. Chen demonstrates precedent in the art to utilize electrodes with through-holes, where the resulting porosity is between 5 and 50%, in order to facilitate the penetration of electrolyte into the electrode active material layer and reduce the polarization of the battery cell ([n1320]). A person of ordinary skill in the art before the effective filing date would have had the reasonable expectation that utilizing a pore volume percentage taught by Chen when making the holes in the porous current collector of Shimizu would have predictably allowed the electrolyte to better penetrate the active material layer and reduce the polarization of the battery cell, based on the teachings of Chen. See MPEP 2143 (I) B. The examiner notes the range taught by Shimizu and Chen overlaps/encompasses the range taught by the instant claim. It has been held that, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to select the pore volume percentages from the prior art range taught by Chen, because Chen teaches the desired utility over the entire range.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Akikusa et al. (US 20170256777 A1; Henceforth, Akikusa).
Akikusa describes a positive electrode for a lithium-ion secondary cell (Abstract) made in the same manner as the negative electrode described by Shimizu, above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN P MURPHY whose telephone number is (571)272-9321. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A Smith can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RPM/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
