DETAILED ACTION
Claims 1-4, 6-13, and 21-28 are presented for examination, wherein claims 1, 6, and 12 are currently amended; the subject matter of species A.2-5 (including newly added claims 27-28), B.1 (including claim 4), and C.1 are withdrawn; plus, claims 21-28 are newly added. Claims 5 and 14-20 are cancelled.
The 35 U.S.C. 103 rejection of claims 1-3, 5-16, and 18-20 over Liu in view of Hayner is withdrawn, as a result of the amendments to claim 1, from which the other claims depend or incorporate by reference, and cancellation of claims 14-20. However, see infra.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 18, 2026 has been entered.
Claim Objections
Claims 27-28 are objected to because the status identifier should further indicate that they are withdrawn. Appropriate correction is respectfully required.
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 1-3 and 6-13 plus newly added claims 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (WO 2019/204359, with citations to US 2021/0184210) in view of Kim et al (US 2005/0164090).
Regarding newly amended independent claim 1, Liu teaches an anode material for a lithiated anode in a fast charging rechargeable Li-ion batteries, said anode material comprising:
a powder of a plurality of anode material particles, wherein said anode material particles comprise:
(i) an anode material composition including:
Li3VxMyO5±z,
wherein M may be a dopant, 0.5<x<2, 0<y<1, and z may be based on a charge from Li3, Vx, and My,
said dopant may be selected from the group including one or more of Mg, Ca, Sc, B, Y, Al, Ti, Nb, Ta, Cr, Mo, or W;
further, said anode material may further include reversibly inserting lithium to form Li4VxMyO5±z or Li5VxMyO5±z;
wherein said Li3VxMyO5±z anode material composition may include an omega structure Li3V2O5, said omega structure may be a disordered rocksalt structure in an Fm3m space group that may be in a cubic system crystal structure (a=4.1Å) with octahedral and tetrahedral sites, wherein lithium ions and vanadium ions may be at said octahedral sites, wherein said dopant may be in addition to or substituted for V;
(ii) further one or more materials selected from silicon, tin, graphite, or non-graphitized carbon, said one or more materials may be blended with said anode material
(e.g. ¶¶ 0002, 05-07, 25, 30, 32, 11-16, 75-77, 91-92 plus e.g. Figures 6-13), reading on “anode material,” said anode material comprising:
said powder of said plurality of anode material particles (e.g. supra), reading on “a plurality of anode-material particles,” wherein said anode-material particles comprise:
(1) said anode material composition including:
Li3VxMyO5±z,
wherein M may be said dopant, 0.5<x<2, 0<y<1, and z may be based on said charge from Li3, Vx, and My,
said dopant may be selected from the group including one or more of Mg, Ca, Sc, B, Y, Al, Ti, Nb, Ta, Cr, Mo, or W;
further, said anode material may further include reversibly inserting lithium to form Li4VxMyO5±z or Li5VxMyO5±z;
wherein said Li3VxMyO5±z anode material composition may include said omega structure Li3V2O5, said omega structure may be said disordered rocksalt structure in said Fm3m space group that may be in said cubic system crystal structure (a=4.1Å) with octahedral and tetrahedral sites of said crystal structure, wherein lithium ions and vanadium ions may be at said octahedral sites, wherein said dopant may be in addition to or substituted for V;
(e.g. supra), severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on the newly amended limitations “said anode-material particles comprise … crystalline lithium vanadium oxide…” and “said crystalline lithium vanadium oxide has a composition given by LiaVbOc, wherein a=0.001-10, b=1-3, c=1-9, and a, b, and c are selected to charge-balance said LiaVbOc, wherein said LiaVbOc has said disordered rocksalt structure in the Fm3m space group, wherein said LiaVbOc is capable of being reversibly lithiated;”
alternatively regarding the limitation “a, b, and c are selected to charge-balance said LiaVbOc,” Liu teaches a substantially identical composition of said anode material particles (i.e. Li3VxMyO5±z, wherein M may be said dopant, 0.5<x<2, 0<y<1, and z may be based on said charge from Li3, Vx, and My, said dopant may be selected from the group including one or more of Mg, Ca, Sc, B, Y, Al, Ti, Nb, Ta, Cr, Mo, or W, compared with the instant specification, at e.g. ¶¶ 0018, 70, and 171-185), establishing a prima facie case of obviousness of said limitation, see also e.g. MPEP § 2112.01; and,
(2) further one or more materials selected from silicon, tin, graphite, or non-graphitized carbon, said one or more materials may be blended with said anode material (e.g. supra).
Liu teaches said anode material for said lithiated anode comprising said powder of said plurality of anode material particles, wherein said anode material particles comprises said Li3VxMyO5±z anode material composition (e.g. supra), wherein an electrolyte comprising an organic solvent is injected into a separator of said Li-ion battery (e.g. ¶¶ 0031, 81-82, 106, and 109), but does not expressly teach said anode material being “an internal phase,” wherein “a surface coating disposed on external surfaces of said internal phase, wherein said surface coating contains a species selected from the group consisting of carbon, a metal oxide, a metalloid oxide, a metal fluoride, a metalloid fluoride, a metal phosphate, a metalloid phosphate, and combinations thereof” or the newly added limitation “said surface coating physically contacts said crystalline lithium vanadium oxide.”
However, Kim teaches a negative active material for a lithium secondary battery, said negative active material including a metal oxide-based core material and a carbon material on the core material,
said metal oxide-based core material may be a lithium-vanadium-based metal oxides represented by the following formula (1) or tin oxide:
LiaMbVcO2+d (1),
wherein 0.1≤a≤2.5, 0≤b≤0.5, 0.5≤c≤1.5, 0≤d≤0.5; and, M is more than one metal selected from the group consisting of Al, Cr, Mo, Ti, W, and Zr; and,
said carbon material formed on a surface of said core, said carbon material may be artificial or natural graphite and may advantageously have a thickness of 1 nm to 5 µm,
wherein said carbon material coating said surface of said core improving conductivity of said negative active material
(e.g. ¶¶ 0003, 13-16, 29-32, 36-41, 48-52, 54, 67-68, 84-88, and 100-110 plus e.g. Figures 8A-B).
As a result, it would have been obvious to a person of ordinary skill in the art to coat external surfaces of said plurality of anode material particles of Liu with the carbon material of Kim, said carbon material being said artificial or natural graphite in said thickness of 1 nm to 5 µm, since Kim teaches said carbon material coating said surface of said core improves conductivity of said negative active material and said thickness of 1 nm to 5 µm is suitable for providing improved conductivity.
Liu as modified reading on “an internal phase containing crystalline lithium vanadium oxide … wherein said crystalline lithium vanadium oxide has a composition given by LiaVbOc, wherein a=0.001-10, b=1-3, c=1-9, and a, b, and c are selected to charge-balance said LiaVbOc, wherein said LiaVbOc has a disordered rocksalt structure in the Fm3m space group, wherein said LiaVbOc is capable of being reversibly lithiated;” and, “a surface coating disposed on external surfaces of said internal phase, wherein said surface coating physically contacts said crystalline lithium vanadium oxide, … wherein said surface coating contains a species selected from the group consisting of carbon, a metal oxide, a metalloid oxide, a metal fluoride, a metalloid fluoride, a metal phosphate, a metalloid phosphate, and combinations thereof.”
Regarding claim 2, Liu as modified teaches the anode material of claim 1, wherein said carbon material coating said surface of said core, wherein said carbon material being said artificial or natural graphite in said thickness of 1 nm to 5 µm (e.g. supra), reading on “said surface coating contains said carbon in sp form, sp2 form, and/or sp3 form, and optionally wherein said carbon is in the form of graphene, graphite, carbon nanotubes, carbon fibers, ultrafine carbon, carbon black, nanodiamonds, hard carbon, soft carbon, or a combination thereof.”
Regarding claim 3, Liu as modified teaches the anode material of claim 1, wherein Liu teaches said anode material composition including Li3VxMyO5±z (e.g. supra), wherein said anode material may have an irregular shape (e.g. Figures 6-13), reading on “said anode-material particles have a shape selected from the group consisting of spherical, columnar, cubic, irregular, and combinations thereof;” alternatively, differences in the shape of said particles does not patentably distinguish the instant invention from the art in the absence of persuasive evidence of its importance, see e.g. MPEP § 2144.04(IV)(B), noting that there does not appear to be such evidence in the initial disclosure, see instant specification, at e.g. ¶¶ 0013 and 159.
Liu teaches said anode material composition including Li3VxMyO5±z, wherein said anode material may have an irregular shape (e.g. supra) wherein the thickness of said anode may be e.g. 39 µm (single side) (e.g. Table 1), so particles of said anode would be 39 µm or smaller (i.e. the thickness of said anode is one or more particles thick), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “said anode-material particles have an average effective diameter selected from about 0.01 microns to about 100 microns;” alternatively, differences in size does not of said particles does not patentably distinguish the instant invention from the art without evidence that it performs differently from the art, see e.g. MPEP § 2144.04(IV)(A), noting that there does not appear to be such evidence in the initial disclosure, see instant specification, at e.g. ¶¶ 0013 and 159.
Regarding claim 6, Liu as modified teaches the anode material of claim 1, wherein Liu teaches said anode material composition including:
Li3VxMyO5±z,
wherein M may be said dopant, 0.5<x<2, 0<y<1, and z may be based on said charge from Li3, Vx, and My,
said dopant may be selected from the group including one or more of Mg, Ca, Sc, B, Y, Al, Ti, Nb, Ta, Cr, Mo, or W;
further, said anode material may further include reversibly inserting lithium to form Li4VxMyO5±z or Li5VxMyO5±z,
wherein said Li3VxMyO5±z anode material composition may include said omega structure Li3V2O5, said omega structure may be said disordered rocksalt structure in said Fm3m space group that may be in said cubic system crystal structure (a=4.1Å) with octahedral and tetrahedral sites of said crystal structure, wherein lithium ions and vanadium ions may be at said octahedral sites, wherein said dopant may be in addition to or substituted for V (e.g. supra), said anode material composition is understood to include e.g. 100% of said disordered rocksalt structure since less that that is not expressly taught, severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on the newly amended limitation “said crystalline lithium vanadium oxide further contains a dopant M that is chemically or physically contained within said crystalline lithium vanadium oxide such that its composition is given by LiaVbOcMd, wherein d=0.001-3, wherein a, b, c, and d are selected to charge-balance said LiaVbOcMd, wherein said LiaVbOcMd is capable of being reversibly lithiated, and wherein 10 wt % to 100 wt % of said LiaVbOcMd has a disordered rocksalt structure in the Fm3m space group.”
Regarding claim 7, Liu as modified teaches the anode material of claim 6, wherein Liu teaches said dopant may be selected from the group including one or more of Mg, Ca, Sc, B, Y, Al, Ti, Nb, Ta, Cr, Mo, or W (e.g. supra), reading on “said dopant M is selected from the group consisting of Be, Mg, Ca, Zn, Fe, Cu, Sc, B, Y, Al, La, Si, Ge, Sn, Ti, Zr, Mn, P, Nb, Ta, Cr, Mo, W, Se, and combinations thereof.”
Regarding claim 8, Liu as modified teaches the anode material of claim 1, wherein Liu teaches said anode material comprising further one or more materials selected from silicon, tin, graphite, or non-graphitized carbon, said one or more materials may be blended with said anode material (e.g. supra), reading on “said anode material further comprises one or more additional anode-material components selected from the group consisting of silicon, silicon oxides, tin, tin oxides, phosphorus, carbonaceous species, and combinations thereof, and wherein said carbonaceous species is distinct from said carbon, if any, contained in said surface coating, and wherein said carbonaceous species is graphite, hard carbon, soft carbon, non-graphitized carbon, or a combination thereof.”
Regarding claims 9-13 plus newly added claims 21-26 Liu and Kim are applied as provided supra, with the following modifications.
Still regarding independent claim 9, Liu as modified teaches said lithiated anode comprising said anode material in said fast charging rechargeable Li-ion batteries (e.g. supra), reading on “anode comprising the anode material of claim 1.”
Still regarding claim 10, Liu as modified teaches the anode of claim 9, wherein Liu teaches said anode material composition further including one or more materials selected from silicon, tin, graphite, or non-graphitized carbon, said one or more materials may be blended with said anode material (e.g. supra), reading on “said anode further comprises one or more additional anode components selected from the group consisting of silicon, silicon oxides, tin, tin oxides, phosphorus, carbonaceous species, and combinations thereof, and wherein said carbonaceous species is distinct from said carbon, if any, contained in said surface coating, and wherein said carbonaceous species is graphite, hard carbon, soft carbon, non-graphitized carbon, or a combination thereof.”
Still regarding claim 11, Liu as modified teaches the anode of claim 9, wherein Liu teaches said lithiated anode (e.g. supra), wherein Liu further teaches:
said anode may be e.g. 39 µm (single side) on a copper foil with a thickness of 10 µm (e.g. Table 1), wherein said thickness may also be considered an “average,” singularly or in combination establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “said anode has an average anode thickness from about 200 nanometers to about 500 microns;”
said anode may have an anode active material loading of e.g. 90% (e.g. Table 1), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “said anode has an anode material loading selected from about 20 wt % to about 100 wt %;”
said anode may have a coating weight of e.g. 9.8 mg/cm2 per each side (e.g. Table 1), singularly or in combination establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “said anode has an anode material areal loading selected from about 0.2 mg/cm2 to about 50 mg/cm2 on at least one side of said anode;”
said anode may have an areal capacity of e.g. 2.64 mhA/cm2 per each side (e.g. Table 1), singularly or in combination establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “said anode has an anode material areal capacity selected from about 0.05 mA·h/cm2 to about 10 mA·h/cm2 on at least one side of said anode,”
said anode may have a press density of e.g. 2.26 g/cm3 (e.g. Table 1), but does not expressly teach the claimed limitation “said anode has a volumetric anode porosity selected from about 5% to about 80%.”
However, Liu teaches said anode comprising a substantially identical anode material, active material loading, and press density (e.g. supra, compared with instant specification, at e.g. ¶¶ 0020 and 200-201), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01.
Still regarding previously amended independent claim 12, Liu teaches said fast charging rechargeable Li-ion batteries comprising said lithiated anode (e.g. supra), said batteries comprising e.g. four anodes in the form of layers (e.g. ¶¶ 0104-106 plus e.g. Figures 23-25), wherein said anodes are understood to be identical to the taught anode as applied to claim 1, since there is neither an express nor an implied difference between said anodes (e.g. entire disclosure); alternatively, it would have been obvious to a person of ordinary skill in the art to manufacture each anode so that they are identical to one another, in order to minimize complexity in the manufacture thereof,
wherein said cell further comprises e.g. three cathodes in the form of layers and e.g. plurality of separators in the form of layers—a separator between each paired anode and cathode (e.g. ¶¶ 0082-83, 104-106 plus e.g. Figures 23-25), reading on “wherein said cell further comprises a plurality of cathode layers, a plurality of separator layers each disposed between individual anode and cathode layers,”
wherein said cell may include a packet foil surrounding an assembly of said anode, said separator, and said cathode, wherein said packet foil may insulate the anode-separator-cathode assembly from an external environment (e.g. ¶¶ 0024, 69, and 83), but does not expressly teach said packet foil surrounding said four anode layers, three cathode layers, and plurality of separator layers.”
However, it would have been obvious to a person of ordinary skill in the art incorporate within one packet foil an assembly of said e.g. four anode layers, said e.g. three cathode layers, and said plurality of separator layers, since said packet foil may insulate said assembly from said external environment, while also reducing the number of packet foils—thereby reducing the number of components and/or simplifying manufacturing.
Still regarding previously amended claim 13, Liu teaches said battery of claim 12, wherein Liu teaches said cell comprises e.g. three cathodes in the form of layers (e.g. supra), wherein said cathodes are understood to be identical to each other, since there is neither an express nor an implied difference between said cathodes (e.g. entire disclosure); alternatively, it would have been obvious to a person of ordinary skill in the art to manufacture each cathode so that they are identical to one another, in order to minimize complexity in the manufacture thereof, wherein said cathode may comprise LiMn2O4, LiNixCoyMnzO2 where x+y+z=1, or other cathode material (e.g. ¶¶ 0009, 18, 28, and 71), reading on “said cathode layers each comprise a cathode material selected from the group consisting of LiFePO4; LiMn2O4; LiNi0.5Mn1.5O4; LiNxCoyMnzO2, wherein x+y+z=1; LiCoO2; LiNixCoyAlzO2, wherein x+y+z=1; LiFexMnyPO4, wherein x+y=1; aLiNixCoyMn2O2·(1-a)Li2MnO3, wherein a=0-1 and x+y+z=1; and combinations thereof.”
Still regarding newly added claims 21-22, Liu as modified teaches the anode material of claims 1 and 12, wherein said carbon material coating on said surface of said core said carbon material coating with said thickness of 1 nm to 5 µm (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “said surface coating has an average coating thickness selected from about 0.1 nanometers to about 100 nanometers.”
Still regarding newly added claims 23-26, Liu as modified teaches the anode material of claims 1 and 12, wherein said carbon material coating said surface of said core, wherein said carbon material being said artificial or natural graphite in said thickness of 1 nm to 5 µm (e.g. supra), but does not expressly teach the limitations “wherein said surface coating is a dense, non-porous coating” (claims 23-24) or “said surface coating has an average porosity selected from about 1% to about 95%” (claims 25-26).
However, differences in shape do not patentably distinguish the instant invention from the art in the absence of persuasive evidence of its importance, see e.g. MPEP § 2144.04(IV)(B). See father instant specification, at e.g. ¶¶ 0014 and 160
Response to Arguments
Applicant’s arguments filed March 18, 2026 have been fully considered but they are not persuasive.
The applicant alleges the combination of art does not teach the newly added limitations of claim 1, from which the other claims depend or incorporate by reference. See e.g. Response, at pp. 7-11.
In response, the examiner respectfully refer supra.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tajima et al (US 2022/0115661);
Ay et al (US 2020/0006759);
Jeon et al (US 2016/0315311);
Kozono et al (US 2009/0246604);
Jouanneau et a (US 2005/0026041); and,
Chiang et al (US 2003/0099884).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
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