DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/8/2025 has been entered.
Response to Amendment
This is a non-final office action in response to Applicant's remarks and amendments filed on 8/8/2025. Claims 1 and 16-17 are currently amended. Claims 11, 20-21, 32, 43 and 51 are cancelled. Claims 1-10, 12-19, 22-31, 33-42, 44-50 and 52-53 are pending in this action of which claims 18-19, 22-31, 33-42 and 44-47 are withdrawn.
The 35 U.S.C. 112, 35 U.S.C. 102 and 35 U.S.C. 103 rejections in the previous Office Action are withdrawn.
New grounds of rejection necessitated by Applicant's amendments are presented below.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-10, 12-17, 48-50 and 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wachsman (US 2020/0075960 A1) in view of Holme (US 2015/0099190 A1).
Regarding claim 1, Wachsman teaches an electrode for an electrochemical device (Abstract, [0123], [0132], [0164], fig. 3), the electrode comprising:
an active material comprising a lithium host material (i.e. the lithium transition metal oxide cathode material, [0164]); and
an ionic conductivity material including a solid-state conductive material comprising a ceramic material having a crystal structure and a dopant in the crystal structure (“Li-garnet solid-state electrolytes (SSEs)”, which is a ceramic having a garnet-type crystal structure, [0164], [0186]; the SSE has a dopant, [0174]), the solid-state conductive material capable of retaining the crystal structure during co-sintering with the lithium host material (Li6.5La2.5Ba0.5TaZrO12, see [0049], is an LLZO compound doped with Ta; as discussed in the original instant specification at [0069], LLZO doped with Nb or Ta retains the crystal structure even during sintering with lithium host material. Regarding composition claims, if the composition is the same, it must have the same properties, see MPEP § 2112.01, II.),
wherein the cathode material infiltrated into the SSE ([0164], [0213]),
wherein the solid-state conductive material has a formula of Li6.5La2.5Ba0.5TaZrO12 ([0022], [0049], [0146], fig. 1), which corresponds to the claimed formula LiwAxM2Re3-yOz:
wherein w is 6.5, within the claimed range of 5 - 7.5,
wherein A is Ba, which is selected from the list of claimed elements,
wherein x is 0.5, within the claimed range of 0 - 2,
wherein M is Zr and Ta, which are selected from the list of claimed elements,
wherein Re is La, which is selected from list of claimed elements,
wherein y is 0.5, within the claimed range of 0 - 0.75,
wherein z is 12, within the claimed range of 10.875 - 13.125, and
wherein the crystal structure is a garnet-type crystal structure ([0049]), and
wherein the composite electrode operates as a mixed ionic / electronic conductor without a separate phase that provides an electrical pathway from a current collector to electrode active material particles ([00175], [0187], [0198]).
Wachsman fails to teach wherein the electrode is a composite electrode of the active material and the solid-state conductive material comprising an active material phase comprising the lithium host and an ionic conductive phase including the solid-state conductive material, and wherein the composite electrode operates as a mixed ionic / electronic conductor without a separate phase other than the active material phase and the ionic conductivity phase. However, Holme, from the same field of endeavor, teaches forming a composite electrode comprising an active material phase including a lithium host material (e.g., lithium-nickel-manganese-cobalt oxide) and an ionic conductivity phase including a solid-state conductive material (e.g., lithium stuff garnet) which is prepared by mixing the lithium host material and the solid-state conductive material and followed by sintering such that the grains of the individual components fuse together to significantly increase their contact area [Holme – pars. 0325-327; Figs. 26 (prior to sintering), Figs. 27,31(after sintering)]. Holme further teaches that the sintered composite electrodes exhibit well developed contact points between particles and reduced particle-particle electrical resistance, which permits higher current flow without a significant voltage drops [Holme – par. 0192]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Holme to have modified the electrode of Wachsman wherein the electrode is a composite electrode of the active material and the solid-state conductive material comprising an active material phase comprising the lithium host and an ionic conductive phase including the solid-state conductive material, and wherein the composite electrode operates as a mixed ionic / electronic conductor without a separate phase other than the active material phase and the ionic conductivity phase in order to provide an electrode which exhibits well developed contact points between particles and reduced particle-particle electrical resistance and permits higher current flow without a significant voltage drops.
Regarding claim 2, Wachsman discloses all of the limitations as set forth above. Specifically, Wachsman teaches a garnet crystal structure having a dopant Ta (LLBZT, [0049]). As discussed in the original instant specification at [0069] and [0070], LLZO doped with Nb or Ta has a higher fraction of a cubic structure after sintering relative to the crystal structure having no dopant. Thus, the garnet crystal structure of Wachsman having the dopant has a higher fraction of a cubic structure after sintering relative to the crystal structure having no dopant. Regarding composition claims, if the composition is the same, it must have the same properties (see MPEP § 2112.01, II).
Regarding claim 3, Wachsman discloses all of the limitations as set forth above. Specifically, Hu teaches a garnet crystal structure having a dopant Nb or Ta (LLBZT, [0049]). As discussed in the original instant specification at [0069] and [0070], LLZO doped with Nb or Ta has a lower fraction of a tetragonal structure after sintering relative to the crystal structure having no dopant. Thus, the garnet crystal structure of Wachsman having the dopant has a lower fraction of a tetragonal structure after sintering relative to the crystal structure having no dopant. Regarding composition claims, if the composition is the same, it must have the same properties (see MPEP § 2112.01, II).
Regarding claim 4, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the dopant (Ta) is a transition metal cation (LLBZT, [0049]).
Regarding claim 5, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the dopant (Ta) is pentavalent (LLBZT, [0049]).
Regarding claim 6, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the dopant (Ta) comprises tantalum (LLBZT, [0049]).
Regarding claim 7, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches an alternate embodiment in which the dopant comprises niobium ([0064], [0245], fig. 13).
It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to select the Nb-containing compound of Wachsman as the solid electrolyte, since such a person would have reasonably expected this material to be a suitable electrolyte. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.07).
Regarding claim 8, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the dopant (Ta) is present in the crystal structure at 20 wt%, within the claimed range of 1-20 wt% based on a total weight of chemical elements in the crystal structure (LLBZT, [0049]).
Regarding claim 9, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the solid-state conductive material has a lithium ion conductivity that is greater than 10-5 S/cm at 23 °C (compounds (8) and (9) in [0049], fig. 1).
Regarding claim 10, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the solid-state conductive material has a lithium ion conductivity that is greater than 10-4 S/cm at 23 °C (compounds (8) and (9) in [0049], fig. 1).
Regarding claim 12, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the electrode is a cathode for the electrochemical device ([0126], [0164], [0187], [0198]), and the lithium host material is selected from the group consisting of lithium metal oxides wherein the metal is one or more of cobalt, iron, and manganese ([0126], [0164]).
Regarding claim 13, Wachsman discloses all of the limitations as set forth above Wachsman further teaches that the lithium host material may have a formula LiNiaMnbCocO2, wherein a+b+c = 1, and wherein a:b:c = 1:1:1 (NMC 111) or 5:3:2 (NMC 532), ([0126]).
It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to select NMC 111 or NMC 532 compound of Wachsman as the lithium host material, since such a person would have reasonably expected this material to be a suitable lithium host material. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.07).
Regarding claim 14, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the lithium host material may be selected from LiCoO2, Li(MnNi)2.0O4, LiFePO4, or LiCoPO4 ([0126]).
It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to select from LiCoO2, Li(MnNi)2.0O4, LiFePO4, or LiCoPO4 as the lithium host material, since such a person would have reasonably expected this material to be a suitable lithium host material. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.07).
Regarding claim 15, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the electrode may be an anode for the electrochemical device ([0132], [0164]), and the lithium host material may be selected from the group consisting of graphite, lithium titanium oxides, hard carbon, tin and cobalt alloy, or silicon and carbon ([0135], [0138]).
Regarding claims 16-17, the instant claims are drawn to a product which is described in a product-by-process format. [E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process [MPEP 2113]. In this regard, modified Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the solid-state conductive material and the lithium host material are co-sintered in a temperature range of 800-1200oC [Holme – par. 0327], which overlaps the claimed ranges, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Regarding claim 48, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that the lithium host material has a porous structure, and the solid-state conductive material fills at least part of the porous structure in the lithium host material ([0187]).
Regarding claim 49, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that A is Ba, which is selected from the list of claimed elements ([0049], fig. 1).
Regarding claim 50, Wachsman discloses all of the limitations as set forth above. Specifically, Wachsman teaches a garnet crystal structure having a dopant Ta (LLBZT, [0049]). As discussed in the original instant specification at [0069] and [0070], an Nb or Ta doped LLZO retains the crystal structure during sintering with the lithium host material in the claimed temperature range. Thus, the LLCZN or LLBZT material of Wachsman retains the crystal structure during sintering in a temperature range of 900°C to 1400°C with the lithium host material. Regarding composition claims, if the composition is the same, it must have the same properties (see MPEP § 2112.01, II).
Regarding claim 52, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches that M is a combination of Zr and Ta ([0049], fig. 1).
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wachsman and Holme, as applied to claim 1 above, and further in view of Badding (US 2018/0301754 A1).
Regarding claim 53, Wachsman discloses all of the limitations as set forth above. Wachsman further teaches a variety of garnet-type solid electrolytes as the solid-state conductive material ([0049], fig. 1), but Wachsman does not teach the exact compound Li6.5La3Zr1.5Ta0.5O12.
Badding teaches solid electrolyte garnet materials similar to those of Wachsman ([0003] to [0006]). Specfically, Badding teaches the compound Li6.5La3Zr1.5Ta0.5O12 ([0018], [0143], fig. 11A).
It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the compound Li6.5La3Zr1.5Ta0.5O12 of Badding for the solid electrolyte of Wachsman since the particular material of Badding is similar to that of Wachsman and the compound of Badding is known to be a suitable solid electrolyte material (Abstract of Badding). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.07).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751