CTNF 19/200,724 CTNF 81714 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2022/0352597) in view of Carlson (US 2017/0222206) and Chiang et al. (US 8993159) . As to claim 1, Chen et al. discloses a process for forming a battery that includes a first collector, a first electrode layer, a separator, a second electrode layer, and a second collector (see Fig. 2 and 0035). The process comprises forming a first electrode layer the first collector foil using a first electrode material (see 0050, 0051); forming a second layer on the separator using a second electrode material (see 0052, 0057); and placing a second collector on the second electrode layer (see 0057). The electrode materials contain an electrode active material, a conductive material, and an electrolytic solution (see 0025, claim 1) where the electrolyte is provided at 0.1-25% by vol. (see 0023). Chen et al. fails to teach step B where the second electrode is formed on the separator using the second electrode material or the electrode material has a concentration of solid components of 30 to 80% by volume as required by claim 1. Carlson discloses forming electrode stacks where an electrode layer is directly coated on a porous separator and subsequently coating one or more current collector layered directly on the electrode layer to form the electrode stack. applying an anode layer directly on the separator (see 0032, 0034-0035). It would have been obvious to one having ordinary skill in the at the time of the invention to modify the electrode stack architecture of Chen to form the second electrode layer directly on the separator, as taught by Carlson, because Carlson teaches that such separator supported electrode structures are suitable for laminated lithium battery assemblies and advantageously provides more active material and improves energy density. Chiang et al. teaches electrode compositions including active material, conductive material, and electrolyte, wherein the active material may comprise about 35-85% by volume and the conductive material may comprise about 0-10% by volume of the composition (see col. 6, lines 32-60; and col. 7, lines 1-15). Chiang et al. therefore teaches compositions having a solid component concentration of about 35-90% which overlaps the claimed range. 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). Chiang et al. further teaches such compositions can be used to form high rate capability batters (see abstract). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the process of Chen et al. to employ the cathode and anode compositions of Chiang et al. to form the electrode layers. One would have been motivated to do so since both references are directed to forming electrochemical cells in which electrode compositions are applied to current collectors, and Chiang et al. teaches operable semi-solid electrode compositions suitable for forming electrode layers with high rate capability. As to claims 2 and 3, Chen modified by Carlson and Chiang et al. teaches forming an anode material on a first current collector foil; providing a separator, applying a cathode material on the separator and then providing a cathode current collector (see Fig. 3, 0050, 0079 of Chen). Chen states the electrode material can be applied to the separator either before or after coupling (see 0067). Chen fails to teach forming the cathode layer first and then forming the anode layer as required by claim 2. However, Chen et al. does state the order can be modified (see 0093). It has been established that the mere selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results (In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946)). As to claims 4 and 5, Chen modified by Carlson and Chiang et al. disclose forming an anode material on a first current collector foil; providing a separator, applying a cathode material on the separator and then providing a cathode current collector (see Fig. 3, 0050, 0079 of Chen). Chen states the electrode material can be applied to the separator either before or after coupling (see 0067). Chen fails to teach forming the cathode layer first and then forming the anode layer required by claims 4. However, Chen et al. does state the order can be modified (see 0093). It has been established that the mere selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results (In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946)). As to claims 6 and 7, Chen as modified above fails explicitly teach the claimed relationship between material supplied and material formed as required by the claims. Chen teaches the electrode layers can be applied in a continuous manner (see 0051) and further teaches that less than 10% volume of the electrolyte evaporates during the forming of the cell (abstract). Chen therefore teaches a coating process in which the majority of the supplied electrode composition remains in the formed electrode layer. A process in which less than 10% by volume of volatile material is removed would inherently result in the mass supplied material differing from the mass of the formed electrolyte layer by less than 20%, absent substantial additional material removal, which Chen does not teach. Chiang further teaches electrode compositions having high solids loading (35-85% vol)., thereby minimizing volatile removal during coating and formation processes. One of ordinary skill in the art would have recognized that employing such high-solids electrode compositions in Chen’s continuous coating process would predictably result in the supplied mass closely approximating the final formed electrode mass, including satisfying the claimed less than or equal to 1.2 relationship. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cachet I Proctor whose telephone number is (571)272-0691. The examiner can normally be reached Monday-Friday 7-3 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CACHET I. PROCTOR/ Examiner Art Unit 1712 /CACHET I PROCTOR/ Primary Examiner, Art Unit 1712 Application/Control Number: 19/200,724 Page 2 Art Unit: 1712 Application/Control Number: 19/200,724 Page 3 Art Unit: 1712 Application/Control Number: 19/200,724 Page 4 Art Unit: 1712 Application/Control Number: 19/200,724 Page 5 Art Unit: 1712
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