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 .
Claim Status
Claims 1-2, 6, 11-12, 14-15, 24-25, 27-28, and 30-31 are under examination.
Claims 3-5, 7-10, 22, 26, and 29 are canceled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Withdrawn Claim Objections
The amendment(s) to the claim(s) filed February 13th, 2026 is acknowledged and the previous objection is withdrawn.
New Claim Rejections - 35 USC § 112
The amendment(s) to the claim(s) filed February 13th, 2026 is acknowledged and the previous rejection is withdrawn.
Claim Rejections - 35 USC § 103
Claims 1-2, 6, 11-12, 14-15, 24-25, 27-28, and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka et al. (WO 2020/066323 A1 and using U.S. PGPub US 2021/0328292 A1 as English Translation with Foreign Application Priority Date of Sep. 26th, 2018), hereinafter Otsuka, in view of Ishigaki et al. (U.S. PGPub US 2021/0167355 A1 with Foreign Application Priority Date of August 6th, 2018), hereinafter Ishigaki.
Regarding claims 1, 27 and 30, Otsuka discloses a cathode comprising: a cathode active material layer (i.e., at least positive electrode material mixture layer, etc., as discussed in [0066], also see [0017]-[0018], [0025], Fig. 1, ref. 30, [0030], [0047], Fig. 3),
wherein the cathode active material layer comprises a cathode active material (i.e., at least positive electrode active material, [0066]-[0067], [0073], Example 1, [0119]) and
a sulfide solid electrolyte (i.e., [0068]-[0069], [0073], [0085], Example 1, [0119]).
Otsuka further discloses in [0085] specific examples of the sulfide-based solid electrolyte can include Li2S—P2S5, etc. from the group. Otsuka further discloses in [0085] specific examples of the sulfide-based solid electrolyte can include Li7P3S11, etc. from the group. Otsuka further discloses in [0085] specific examples of the sulfide-based solid electrolyte can include an argyrodite type solid electrolyte expressed by a general formula such as Li6PS5X (X: Cl, Br, or I), such as Li6PS5Cl as disclosed in [0119] (Example 1), such that the sulfide solid electrolyte Li6PS5Cl disclosed by Otsuka at least meets the claimed formula of Li7-xPS6-xClx when x = 1.
Otsuka further discloses in [0119] (Example 1) carbon nanotube [“VGCF”, (trade name) manufactured by Showa Denko K.K.] as conductivity enhancing agent, such that said carbon nanotube is at least a fibrous conductive additive as evidenced by the instant specification [0034].
Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include 0.1 to 10 mass% of the conductivity enhancing agent (i.e., at least carbon nanotube as discussed above and provided in at least Example 1), thereby at least providing a range of a fibrous carbonaceous conductive additive that overlaps and/or encompasses the claimed range of 0.1 weight percent to 0.4 weight percent, based on the total weight of the cathode active material layer (i.e., composition of the positive electrode material mixture layer), such that the mass % as disclosed by Otsuka at least is based on the total weight of the cathode active material layer (i.e., at least positive electrode material mixture layer) so that said composition of the positive electrode material mixture is at least provided on the a surface of the current collector as discussed in [0074], Example 1, [0119], [0123]-[0125].
Otsuka further discloses in [0118]-[0119] (Example 1) the production of positive electrode, whereby LiNi0.33Co0.33Mn0.33O2 as positive electrode active material, a sulfide solid electrolyte (Li6PS5Cl) having an argyrodite type structure, and carbon nanotube carbon nanotube [“VGCF”, (trade name) manufactured by Showa Denko K.K.] as a conductivity enhancing agent, etc., were mixed to prepare a positive electrode mixture material, etc., such that the skilled artisan would appreciate that since no particle-phase conductive additive is discussed in said example, at least provides the cathode active material layer is free of a particle-phase conductive additive.
Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include, e.g., preferably 50 to 90 mass % of the positive electrode active material, etc. Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include, e.g., preferably 50 to 90 mass % of the positive electrode active material, and preferably 10 to 50 mass % of the solid electrolyte when the solid electrolyte is used, etc., whereby as an example provided by the examiner and assuming a 100 g basis, this at least provides 50 to 90 g of positive electrode active material and 10 to 50 g of solid electrolyte, which at least provides a ratio range of 1:9 to 1:1 of the sulfide solid electrolyte and the cathode active material (i.e., positive electrode active material) in the cathode active material layer (i.e., at least positive electrode material mixture layer), which at least provides a range that overlaps the claimed range of a weight ratio of the sulfide solid electrolyte and the cathode active material in the cathode active material layer is in a range of about 1:8 to about 1:15, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include, e.g., preferably 50 to 90 mass % of the positive electrode active material, etc., which at least provides an amount of the cathode active material that overlaps and/or encompasses the claimed range of an amount of the cathode active material is about 85 weight percent to 96.5 weight percent, based on the total weight of the cathode active material layer, thus a prima facie case of obviousness exists (MPEP 2144.05, I.), such that the mass % as disclosed by Otsuka at least is based on the total weight of the cathode active material layer (i.e., at least positive electrode material mixture layer) so that said composition of the positive electrode material mixture is at least provided on the a surface of the current collector as discussed in [0074], Example 1, [0119], [0123]-[0125].
However, with regards to claim 1, Otsuka is silent as to a carbon nanofiber. Furthermore, with regards to claim 1, Otsuka is silent as to the carbon nanofiber has a diameter of 0.3 micrometer to 1 micrometer, a length of 10 micrometers to 100 micrometers, and an aspect ratio of about 20 to about 70. Furthermore, with regards to claim 1, Otsuka is silent as to the average particle diameter of the sulfide solid electrolyte is 0.3 micrometers to 0.8 micrometers. Furthermore, with regards to claim 27, Otsuka is silent as to the carbon nanofiber has a diameter of 0.4 micrometer to 0.8 micrometer.
Ishigaki teaches a method and apparatus for manufacturing active material mixture (Title). Ishigaki further teaches in [0051] as the conductive material, any known conductive materials to form active material mixtures can be employed, whereby for example, carbon materials such as VGCF, and carbon nanofibers, etc., can be employed. Ishigaki further teaches in [0051] although there is no particular limitation on the shape of the conductive material, it is preferably in a particulate form or a fibrous form.
Ishigaki further teaches in [0034] a solid electrolyte, an active material, and a conductive material are mixed together with a dispersion medium, etc., whereby disclosed in [0051] as the conductive material any known conductive materials to form active material mixtures can be employed, whereby, although there is no particular limitation on the shape of the conductive material, it is preferably in fibrous form, etc., whereby the fibrous conductive material preferably has, for example a fiber diameter of 10 nm to 1 µm and an aspect ratio of 20 or more, which at least provides a fiber diameter range that overlaps and/or encompasses the claimed range of the fibrous conductive additive (e.g., carbon nanofiber as discussed above) has a diameter of 0.3 micrometers to 1 micrometer (with regards to claim 1), and further provides a fiber diameter range that overlaps and/or encompasses the claimed range of the fibrous conductive additive (e.g., carbon nanofiber as discussed above) has a diameter of 0.4 micrometers to 0.8 micrometer (with regards to claim 27), thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Since Ishigaki teaches a fiber diameter of 10 nm to 1 µm and an aspect ratio of 20 or more, etc., as discussed above, the skilled artisan would appreciate that this at least provides a fibrous conductive additive (e.g., carbon nanofiber) length range of 0.2 µm (i.e., 0.01 µm×20) to a large value (i.e., 1 µm×aspect ratio greater than 20), which at least provides a range of fibrous conductive additive (e.g., carbon nanofiber as discussed above) lengths that overlap and/or encompass the claimed range of the fibrous conductive additive (e.g., carbon nanofiber as discussed above) has a length of 10 micrometers to 100 micrometers, as well as provides a range that overlaps and/or encompasses the claimed range of an aspect ratio of about 20 to about 70, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Ishigaki further teaches in [0043] it is preferable that the particle diameter (D50) of the solid electrolyte is preferably 0.01 µm to 5 µm, etc., which overlaps and/or encompasses the claimed range of the average particle diameter of the sulfide solid electrolyte is 0.3 micrometers to 0.8 micrometers, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Ishigaki further teaches in [0012]-[0014] in the case where mixing is performed to make an active material mixture while circulating a dispersion medium through a rotor provided with stirring blades as in the method of the present disclosure, aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium. Although Ishigaki teaches a method including said fibrous conductive additive (e.g., carbon nanofiber as discussed above), this necessitates said fibrous conductive additive (e.g., carbon nanofiber) is present.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Otsuka with the teachings of Ishigaki, whereby the cathode comprising the fibrous conductive addition (i.e., carbon nanotube [“VGCF”, (trade name) manufactured by Showa Denko K.K.] as discussed above) as disclosed by Otsuka, further includes the fibrous conductive additive (e.g., carbon nanofiber as discussed above) with fiber diameter range, aspect ratio, etc., as disclosed by Ishigaki so that aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium.
Furthermore, the skilled artisan would appreciate simply substituting one known fibrous carbonaceous conductive additive such as VGCF as disclosed by Otsuka with carbon nanofibers, for example, as taught by Ishigaki, so that aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium.
Regarding claim 30, since the combined teachings of Otsuka and Ishigaki disclose the all-solid secondary battery including all the claim limitations as discussed above, this provides an identical product to that claimed, such that claimed properties and/or function(s) such as a resistivity of 0.44 mΩ·cm to 0.52 mΩ·cm as determined with a resistivity meter in a thickness direction, are presumed inherent (MPEP 2112.01, I., II.).
Regarding claim 2, Otsuka discloses the cathode as discussed above in claim 1. However, with regards to claim 2, Otsuka is silent as to an aspect ratio of the carbon nanofiber is 30 to 70.
The combined teachings of Otsuka and Ishigaki discloses the cathode as discussed above in claim 1. Ishigaki further teaches in [0051] as the conductive material any known conductive materials to form active material mixtures can be employed, whereby, although there is no particular limitation on the shape of the conductive material, it is preferably in fibrous form, etc., whereby the fibrous conductive material preferably has, for example a fiber diameter of 10 nm to 1 µm and an aspect ratio of 20 or more, which at least provides an aspect ratio of the fibrous conductive additive (e.g., carbon nanofiber as discussed above and in claim 1) that overlaps the claimed range of an aspect ratio of the fibrous conductive additive is 30 to 70, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Ishigaki further teaches in [0012]-[0014] in the case where mixing is performed to make an active material mixture while circulating a dispersion medium through a rotor provided with stirring blades as in the method of the present disclosure, aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Otsuka with the teachings of Ishigaki, whereby the cathode comprising the fibrous conductive addition (i.e., carbon nanotube [“VGCF”, (trade name) manufactured by Showa Denko K.K.] as discussed above) as disclosed by Otsuka, further includes the carbon nanofiber and aspect ratio range, etc., as disclosed by Ishigaki so that aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium.
Regarding claim 6, The combined teachings of Otsuka and Ishigaki disclose the cathode as discussed above in claim 1. Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include, e.g., preferably 50 to 90 mass % of the positive electrode active material, etc., which at least provides an amount of the cathode active material that overlaps and/or encompasses the claimed range of an amount of the cathode active material is about 90 weight percent to 96.5 weight percent, based on the total weight of the cathode active material layer, thus a prima facie case of obviousness exists (MPEP 2144.05, I.), such that the mass % as disclosed by Otsuka at least is based on the total weight of the cathode active material layer (i.e., at least positive electrode material mixture layer) so that said composition of the positive electrode material mixture is at least provided on the a surface of the current collector as discussed in [0074], Example 1, [0119], [0123]-[0125].
Regarding claim 11, The combined teachings of Otsuka and Ishigaki disclose the cathode including the cathode active material (i.e., at least positive electrode material) and sulfide solid electrolyte in the cathode active material layer (i.e., at least positive electrode material mixture layer) as discussed above in claim 6. Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include, e.g., preferably 50 to 90 mass % of the positive electrode active material, and preferably 10 to 50 mass % of the solid electrolyte when the solid electrolyte is used, etc., whereby as an example provided by the examiner and assuming a 100 g basis, this at least provides 50 to 90 g of positive electrode active material and 10 to 50 g of solid electrolyte, which at least provides a ratio range of 1:9 to 1:1 of the sulfide solid electrolyte and the cathode active material (i.e., positive electrode active material) in the cathode active material layer (i.e., at least positive electrode material mixture layer), which at least provides a range that overlaps the claimed range of a weight ratio of the sulfide solid electrolyte and the cathode active material in the cathode active material layer is in a range of about 1:8 to about 1:13, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Regarding claim 12, The combined teachings of Otsuka and Ishigaki discloses the cathode including cathode active material layer (i.e., at least positive electrode material mixture layer) as discussed above in claim 1. Otsuka further discloses the cathode active material layer (i.e., at least positive electrode material mixture layer) further comprises a binder ([0068], [0070], [0073]).
Regarding claims 14-15, 25 and 31, The combined teachings of Otsuka and Ishigaki discloses the cathode as discussed above in claim 1. With regards to claim 14, Otsuka further discloses an all-solid secondary battery comprising: a cathode (i.e., at least positive electrode ref. 30, Figs. 1 and 3, [0017], [0030], [0036], [0066], [0118]-[0125], Example 1); an anode (i.e., at least negative electrode, Fig. 1, ref. 40, [0030], [0075]-[0077]) comprising an anode current collector ([0077]-[0078]) and a first anode active material layer (i.e., at least negative electrode material mixture layer, [0017], [0075]-[0077]); and a solid electrolyte layer ([0069], [0082], [0085], Example 1, [0120]-[0121]) disposed between the cathode and the anode (i.e., at least solid electrolyte layer ref. 50, Figs. 1 and 3 is disposed between the positive electrode ref. 30 and negative electrode ref. 40, [0030], [0036], [0047], [0069]), wherein the solid electrolyte layer comprises a solid electrolyte (e.g., sulfide-based solid electrolyte as discussed in [0085] and Example 1, [0119], also see [0083]-[0084]).
With regards to claim 15, Otsuka further discloses the solid electrolyte layer comprises the same sulfide solid electrolyte as in the cathode (i.e., solid electrolyte used for the positive electrode can be the same as any of the solid electrolytes that are interposed between the positive electrode and the negative electrode as discussed in [0069] such as the sulfide-based solid electrolytes as discussed in [0085]).
With regards to claim 25, Since the combined teachings of Otsuka and Ishigaki disclose the all-solid secondary battery including all the claim limitations as discussed above, this provides an identical product to that claimed, such that claimed properties and/or function(s) such as an energy density of the all-solid secondary battery is about 800 Watt-hours per liter to about 3000 Watt-hours per liter are presumed inherent (MPEP 2112.01, I., II.).
With regards to claim 31, Since the combined teachings of Otsuka and Ishigaki disclose the all-solid secondary battery including all the claim limitations as discussed above, this provides an identical product to that claimed, such that claimed properties and/or function(s) such as having a discharge capacity of 167 mAh/g to 175 mAh/g at 45C, and a capacity retention of 95% to 99%, wherein the Capacity retention [%] = [Discharge capacity at 100th cycle/ discharge capacity at 1st cycle] ×100, are presumed inherent (MPEP 2112.01, I., II.).
Regarding claim 24, The combined teachings of Otsuka and Ishigaki discloses the all-solid secondary battery as discussed above in claim 14. Otsuka discloses the anode current collector as discussed above in claim 14, whereby as further disclosed in [0078] the current collector used for the negative electrode (i.e., at least anode current collector) can be a base material constituted by a metal material such as copper, nickel, stainless steel, etc. Otsuka further discloses the first anode active material layer (i.e., at least negative electrode material mixture layer) as discussed above in claim 14, whereby as further disclosed in [0076]-[0077] the negative electrode active material can be a simple substance, compound or alloy including an element such as Si, Sn, Ge, Bi, Sb, or In, etc., such that the negative electrode can be, e.g., that obtained by molding a negative electrode material mixture obtained by adding a conductivity enhancing agent (e.g., a carbon material such as carbon black or any of the solid electrolytes that can constitute the solid electrolyte layer, which is described later) and/or a binder such as PVDF to the negative electrode active material as appropriate, etc. Therefore, since Otsuka discloses the anode current collector (i.e., at least negative electrode current collector) and the first anode active material layer (i.e., at least negative electrode material mixture layer) are at least comprised of materials that do not include lithium, the skilled artisan would appreciate that an initially assembled battery using said materials devoid of lithium at least provides a region therebetween are each independently a lithium-free region, wherein the lithium-free region does not comprise lithium in an initial state of the all-solid secondary battery from the group.
Regarding claim 28, Otsuka discloses a cathode active material layer (i.e., at least positive electrode material mixture layer, etc., as discussed in [0066], also see [0017]-[0018], [0025], Fig. 1, ref. 30, [0030], [0047], Fig. 3).
Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include, e.g., preferably 50 to 90 mass % of the positive electrode active material, etc., which at least provides an amount of the cathode active material that overlaps and/or encompasses the claimed range of 88 wt% to 96 wt% of a cathode active material, thus a prima facie case of obviousness exists (MPEP 2144.05, I.), such that said cathode active material layer (i.e., at least positive electrode material mixture layer) is at least a layer so as to be provided on the a surface of the current collector as discussed in [0074], Example 1, [0119], [0123]-[0125].
Furthermore, see [0066]-[0067], [0073], Example 1, [0119]) with regards to a cathode active material (i.e., at least positive electrode active material), whereby said positive electrode including a cathode active material, sulfide solid electrolyte, fibrous conductive additive, etc., as provided in at least Example 1, which at least provides a cathode active material layer consisting essentially of, lacking any further structural and/or chemical distinction thereof.
Otsuka further discloses in [0085] specific examples of the sulfide-based solid electrolyte can include an argyrodite type solid electrolyte expressed by a general formula such as Li6PS5X (X: Cl, Br, or I), such as Li6PS5Cl as disclosed in [0119] (Example 1), such that the sulfide solid electrolyte Li6PS5Cl at least meets the claimed formula of Li7-xPS6-xClx when x = 1. Furthermore, see [0068]-[0069], [0073], [0085], Example 1, [0119] with regards to said sulfide solid electrolyte.
Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include, e.g., preferably 50 to 90 mass % of the positive electrode active material, and preferably 10 to 50 mass % of the solid electrolyte when the solid electrolyte is used, etc., whereby as an example provided by the examiner and assuming a 100 g basis, this at least provides 50 to 90 g of positive electrode active material and 10 to 50 g of solid electrolyte, which at least provides a ratio range of 1:9 to 1:1 of the sulfide solid electrolyte and the cathode active material (i.e., positive electrode active material) in the cathode active material layer (i.e., at least positive electrode material mixture layer), which at least provides a range that overlaps the claimed range of a weight ratio of the sulfide-based solid electrolyte to the cathode active material is about 1:8 to about 1:15, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Otsuka further discloses in [0119] (Example 1) carbon nanotube [“VGCF”, (trade name) manufactured by Showa Denko K.K.] as conductivity enhancing agent, such that said carbon nanotube is at least a fibrous conductive additive as evidenced by the instant specification [0034].
Otsuka further discloses in [0073] the composition of the positive electrode material mixture of the positive electrode can include 0.1 to 10 mass% of the conductivity enhancing agent (i.e., at least carbon nanotube as discussed above and provided in at least Example 1), thereby at least providing a range of a fibrous carbonaceous conductive additive that overlaps the claimed range of 0.1 wt% to 0.4 wt% of a fibrous carbonaceous conductive additive, based on the total weight of the cathode active material layer (i.e., composition of the positive electrode material mixture layer), such that the mass % as disclosed by Otsuka at least is based on the total weight of the cathode active material layer (i.e., at least positive electrode material mixture layer) so that said composition of the positive electrode material mixture is at least provided on the a surface of the current collector as discussed in [0074], Example 1, [0119], [0123]-[0125].
Otsuka further discloses the cathode active material layer (i.e., at least positive electrode material mixture layer) further comprises a binder ([0068], [0070], [0073]).
However, Otsuka is silent as to carbon nanofiber. Furthermore, Otsuka is silent as to the carbon nanofiber has a diameter of 0.1 micrometer to 1 micrometer, a length of 10 micrometers to 100 micrometers, and an aspect ratio of about 10 to about 70.
Ishigaki teaches a method and apparatus for manufacturing active material mixture (Title). Ishigaki further teaches in [0051] as the conductive material, any known conductive materials to form active material mixtures can be employed, whereby for example, carbon materials such as VGCF, and carbon nanofibers, etc., can be employed. Ishigaki further teaches in [0034] a solid electrolyte, an active material, and a conductive material are mixed together with a dispersion medium, etc., whereby disclosed in [0051] as the conductive material any known conductive materials to form active material mixtures can be employed, whereby, although there is no particular limitation on the shape of the conductive material, it is preferably in fibrous form, etc., whereby the fibrous conductive material preferably has, for example a fiber diameter of 10 nm to 1 µm and an aspect ratio of 20 or more, which at least provides a fiber diameter range that overlaps and/or encompasses the claimed range of the fibrous carbonaceous conductive additive (e.g., carbon nanofiber as discussed above) has a diameter of 0.1 micrometer to 1 micrometer, and which at least provides a range that overlaps and/or encompasses the claimed range of an aspect ratio of about 10 to about 70, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Since Ishigaki teaches a fiber diameter of 10 nm to 1 µm and an aspect ratio of 20 or more, etc., as discussed above, the skilled artisan would appreciate that this at least provides a fibrous carbonaceous conductive additive (e.g., carbon nanofiber as discussed above) length range of 0.2 µm (i.e., 0.01 µm×20) to a large value (i.e., 1 µm×aspect ratio greater than 20), which at least provides a range of fibrous carbonaceous conductive additive (e.g., carbon nanofiber as discussed above) lengths that overlap and/or encompass the claimed range of the fibrous carbonaceous conductive additive (e.g., carbon nanofiber as discussed above) has a length of 10 micrometers to 100 micrometers, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Ishigaki further teaches in [0012]-[0014] in the case where mixing is performed to make an active material mixture while circulating a dispersion medium through a rotor provided with stirring blades as in the method of the present disclosure, aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium. Although Ishigaki teaches a method including said fibrous conductive additive, this necessitates said fibrous conductive additive is present.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Otsuka with the teachings of Ishigaki, whereby the cathode comprising the fibrous conductive addition (i.e., carbon nanotube [“VGCF”, (trade name) manufactured by Showa Denko K.K.] as discussed above) as disclosed by Otsuka, further includes the carbon nanofiber and diameter range, length range, aspect ratio range, etc., as disclosed by Ishigaki so that aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium.
Furthermore, the skilled artisan would appreciate simply substituting one known fibrous carbonaceous conductive additive such as VGCF as disclosed by Otsuka with carbon nanofibers, for example, as taught by Ishigaki, so that aggregation of the solid electrolyte in the mixture can be suppressed and the particle size of the mixture can be reduced by dispersing the solid electrolyte in the dispersion medium and thereafter dispersing the active material and the conductive material in the dispersion medium.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Otsuka and Ishigaki as applied to claim 1 above and further in view of Kamiya et al. (U.S. PGPub US 2011/0065007 A1), hereinafter Kamiya.
Regarding claim 13, Otsuka discloses the cathode including the sulfide solid electrolyte as discussed above in claim 1. However, Otsuka is silent as to a contact area of the cathode active material and the sulfide solid electrolyte is about 75% to 100% more than a theoretical contact area of the cathode active material, calculated using a galvanostatic intermittent titration.
The combined teachings of Otsuka and Ishigaki disclose the cathode as discussed above in claim 1. Kamiya teaches an all solid-state battery which includes an electrode active material and a sulfide solid state electrolyte material (Title, Abstract, [0092]), whereby pressing (e.g., 25°C 1.0 ton/cm-2) is utilized to increase the filling factor between the electrode active material (i.e., LiCoO2) and the sulfide solid electrolyte (i.e., Li2S-P2S5) such that a decrease in interface resistance is achieved (First example, Figs. 7-8). In addition, Kamiya teaches mixing Li2S and P2S5 in a ratio of 75:25, for example, such that the ratio results in a solid electrolyte with no bridging sulfur ([0092]), and whereby the absence of bridging sulfur results in a decrease in interface resistance (First example, Fig. 8). Kamiya further teaches a high filling rate leads to an improved energy density, whereby when the filling rate is high the contact area between particles of the sulfide solid electrolyte material increases, thereby more easily forming an ion conduction path ([0050]). Furthermore, Kamiya teaches that the high filling rates are preferably at least 85% or more ([0050], [0105]). Although Kamiya teaches a method, this necessitates that the cathode active material and sulfide solid electrolyte are provided.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the combined teachings of Otsuka and Ishigaki with the teachings of Kamiya, whereby the cathode including the sulfide solid electrolyte as disclosed by the combined teachings of Otsuka and Ishigaki further includes the pressing as taught by Kamiya so that the bridging sulfur is reduced and the contact area between the sulfide solid electrolyte and cathode active material is maximized, such that an increase in ion conduction pathways and decreased resistivity improve cycling characteristics.
Furthermore, since Kamiya teaches a high filling rate leads to an improved energy density, whereby when the filling rate is high the contact area between particles of the sulfide solid electrolyte material increases, thereby more easily forming an ion conduction path and further teaches that the high filling rates are preferably at least 85% or more, the skilled artisan would appreciate that it would be obvious to optimize a contact area of the cathode active material and the sulfide solid electrolyte without undue experimentation (MPEP 2144.05, II., A., In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955), and B., In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977)) so as to more easily forming an ion conduction path.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Otsuka and Ishigaki as applied to claim 14, and further in view of Sasaki et al. (U.S. PGPub US 2017/0331149 A1), hereinafter Sasaki.
Regarding claim 16, Otsuka discloses the all-solid secondary battery including the solid electrolyte in the solid electrolyte layer as discussed above in claim 14. However, Otsuka is silent as to an elastic modulus of the solid electrolyte in the solid electrolyte layer is in a range of about 15 gigapascals to about 35 gigapascals.
The combined teachings of Otsuka and Ishigaki disclose the all-solid secondary battery including the cathode as discussed above in at least claims 1 and 14. Sasaki teaches planetary ball milling/mixing Li2S and P2S5 and heat-treating at 270°C to obtain the sulfide solid electrolyte Li2S-P2S5 ([0145]), whereby the solid electrolyte Li2S-P2S5 is taught to generally possess a Young’s modulus of about 20 GPa ([0038]), which is within the range of about 12 gigapascals to about 35 gigapascals, thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Furthermore, Sasaki teaches that the Young’s modulus for sulfur-binding materials (e.g., Li2S-P2S5) has a higher index of flexibility ([0038]), and thereby is deformed easily along shapes of substances such as active material particles ([0029]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the combined teachings of Otsuka and Ishigaki with the teachings of Sasaki, whereby the all-solid secondary battery including the solid sulfide electrolyte (e.g., Li2S-P2S5) as disclosed by the combined teachings of Otsuka and Ishigaki further includes the Li2S-P2S5 as taught by Sasaki such that Li2S-P2S5 reasonably possesses an elastic modulus (i.e., Young’s modulus) of Li2S-P2S5 that is within the claimed range of about 15 gigapascals to about 35 gigapascals (e.g., 20 GPa) such that the skilled artisan would utilize the sulfide electrolyte in a solid battery so as to achieve a sulfur-binding material with flexibility that deforms along the shape of a substance, thereby providing an improved adhesion between the sulfide solid electrolyte material and active material particles.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka and Ishigaki as applied to claim 14 above, and further in view of Pan et al. (U.S. PGPub US 2018/0241032 A1), hereinafter Pan.
Regarding claims 17-20, Otsuka discloses the all-solid secondary battery as discussed above in claim 14. With regards to claim 17, Otsuka further discloses the first anode active material layer (i.e., at least negative electrode material mixture layer, [0017], [0075]-[0077]) comprises an anode active material that is capable of forming an alloy with lithium or a lithium-containing compound (e.g., lithium-containing nitride, lithium/aluminum alloy, or alloy including an element such as Si, Sn, Ge, etc., [0017], [0075]-[0077]). With regards to claim 18, Otsuka further discloses in [0076] the negative electrode active material can be a simple substance, compound or alloy including an element such as Si, Sn, Ge, Bi, Sb, or In, etc., as well as discloses in [0077] the negative electrode can be, e.g., that obtained by molding a negative electrode material mixture obtained by adding a conductivity enhancing agent (e.g., a carbon material such as carbon black or any of the solid electrolytes that can constitute the solid electrolyte layer, which is described later), which at least provides the anode active material comprises at least one of a carbonaceous anode active material comprising amorphous carbon (i.e., at last carbon black as evidenced by the instant specification in [0063]), a metal anode active material, or a metalloid anode active material from the group. With regards to claim 19, since Otsuka discloses in [0076] the negative electrode active material can be a simple substance, compound or alloy including an element such as Si, Sn, Ge, Bi, Sb, or In, etc., this at least provides the anode active material comprises the metal anode active material or the metalloid anode active material each of which comprises at least one of silicon, bismuth, tin, etc., from the group. With regards to claim 20, Otsuka further discloses the anode active material comprises a mixture comprising a first amorphous carbon (i.e., at least carbon black as discussed above and as evidenced by the instant specification in [0063]) and a second comprising a metal or a metalloid (i.e., at least one of silicon, bismuth, tin, etc., from the group as discussed above). With regards to claim 20, Otsuka further discloses in [0080] the composition of the negative electrode material mixture of the negative electrode can include, e.g., preferably 40 to 80 mass % of the negative electrode active material, etc., which at least provides a range of an amount of the second that is in a range of about 8 weight percent to about 60 weight percent, based on the total weight of the mixture, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
However, with regards to claim 20, Otsuka is silent as to a first particle comprising amorphous carbon and a second particle comprising a metal or a metalloid, wherein an amount of the second particle is in a range of about 8 weight percent to about 60 weight percent, based on the total weight of the mixture.
The combined teachings of Otsuka and Ishigaki disclose the all-solid secondary battery including the cathode as discussed above in at least claims 1 and 14. Pan teaches an anode active material layer for a lithium battery (Title, Abstract, [0016]) with an anode active material (e.g., Si nanowires, Si nanoparticles, or Sn nanoparticles, etc.), whereby Si nanowires, for example, are coated with a layer of amorphous carbon and then encapsulated with a polymer as in Fig. 8 (([0062], [0137], [0139], Example 4, Table 3). With regards to claim 20, Pan further teaches in [0062] the anode layer is composed of particles of an anode active material (e.g., graphite, Sn, Si, etc., which is at least a second particle(s) comprising a metal or a metalloid), a conductive additive (e.g., carbon black particles which is at least first particle(s) comprising an amorphous carbon as evidenced by the instant specification in [0063]), etc., (Also see [0027], [0035]). Pan further teaches the anode active material is particles (Title, Abstract, [0017], [0139]), whereby the anode active material is in the form of a nanoparticle such as a Si nanowire that has a diameter of 90 nm (Example 4, Table 3). Pan further teaches that the Si nanowires/ nanoparticles (i.e., second particle) are present at 35% of the anode active material (Table 3, Example 4), thus reading on “wherein an amount of the second particle is within the range of about 8 weight percent to about 60 weight percent, based on the total weight of the mixture” (with regards to claim 20), thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Pan further teaches that lithium alloys having a Li4Si composition is great interest due to the high theoretical capacity, however fragmentation of the alloy particles and detachment of active material particles occur during the charge and discharge cycles ([0007]). Furthermore, Pan teaches that when the battery is discharged lithium ions are released (i.e., deintercalated) from the Si particle the particle shrinks, whereas when the battery is charged lithium ions intercalate the Si particle and the particle expands, whereby appropriate encapsulation (i.e., polymer/binder) is needed to prevent breaking, thereby enabling long-term cycling stability and retention of capacity ([0073]-[0074], Figs. 3, 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the combined teachings of Otsuka and Ishigaki with the teachings of Pan, whereby the all-solid secondary battery including the anode active material comprising a mixture of amorphous carbon (i.e., carbon black as discussed above) and metal or metalloid (i.e., silicon, bismuth, tin, etc., from the group as discussed above), etc., as disclosed by the combined teachings of Otsuka and Ishigaki further includes the amorphous carbon particle (i.e., at least carbon black particle(s) as conductive additive) and polymer-encapsulated Si particle anode active material taught by Pan such that the Si nanowires are alloyable with lithium and the lithium intercalates/de-intercalates the particles while suppressing breaking/cracking of said particles during charge/discharge of said anode active material and further preventing detachment of the active material particles so as to improve cycling characteristics such as capacity retention.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Otsuka and Ishigaki and Pan as applied to claim 17, and further in view of Ikeda et al. (U.S. Patent US 7,241,533 B1), hereinafter Ikeda.
Regarding claim 21, Otsuka discloses the all-solid secondary battery as discussed above in claim 17.
However, Otsuka is silent as to a film comprising an element alloyable with lithium on the anode current collector, wherein the thin film is disposed between the anode current collector and the first anode active material layer. Furthermore, Otsuka is silent as to a thickness of the film is in a range of about 1 nanometer to about 800 nanometers.
The combined teachings of Otsuka and Ishigaki and Pan disclose the all-solid secondary battery including the cathode as discussed above in at least claims 1, 14 and 17. Ikeda teaches an anode comprising a current collector (i.e., copper foil) and a thin film of silicon (~2 µm thickness), and the silicon film on the copper foil creates an additional thin film of mixed copper and silicon at the interface between the copper foil and silicon, wherein the thickness of the film is about 30 nm to about 100 nm (C1:L43-45, C26:L36-43, Fig. 55, 56, C33:L18-30). Ikeda further teaches in C1:L24-32 rechargeable lithium batteries are reported, etc., which use an electrode consisting of silicon, tin, aluminum, etc., that is electrochemically alloyed with lithium on charge, whereby among these, silicon electrode provides a particularly high theoretical capacity and is promising as a high-capacity negative electrode. Since Ikeda teaches silicon is alloyable with lithium as discussed above, and further teaches a thickness of the film (i.e., mixed copper and silicon) is about 30 nm to about 100 nm, this is at least provides a thin film created at the interface between the copper foil and silicon thin film, whereby the thickness of said film is within the claimed range of about 1 nm to about 800 nm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.), such that the film is between the anode current collector and the silicon active material layer. Ikeda further teaches that the battery (C3) exhibits good charge-discharge characteristics even if the silicon thin film electrode active material is rendered into the form of a mixed layer entirely (Column 33:L:54-61). Ikeda further discloses that the thin film of copper-silicon at the interface between the copper foil and silicon thin film improves adhesion of the silicon thin film to the copper foil, thereby preventing the active material from separating or falling off during charge/discharge (Column 1: L:40-47, Column 33: L:58-67, Column 24: L:1-10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the combined teachings of Otsuka and Ishigaki and Pan with the teachings of Ikeda, whereby the all-solid secondary battery as disclosed by the combined teachings of Otsuka and Ishigaki and Pan further incorporates the thin film as taught by Ikeda such that the thin film is disposed between the current collector and the first active material (e.g., silicon, silicon particle, etc.) as disclosed by the combined teachings of Otsuka and Ishigaki and Pan, whereby said thin film of copper-silicon is formed at the interface between the copper foil and silicon thin film so as to improve adhesion of the silicon thin film to the copper foil, thereby preventing the silicon thin film from separating or falling off during charge/discharge.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Otsuka and Ishigaki as applied to claim 14 above, and further in view of Zhamu et al. (U.S. PGPub US 2019/0044138 A1), hereinafter Zhamu.
Regarding claim 23, Otsuka discloses the all-solid secondary battery as discussed above in claim 14.
However, Otsuka is silent as to a second anode active material layer disposed in at least one of between the anode current collector and the first anode active material layer, between the solid electrolyte layer and the first anode active material layer, or in the first anode active material layer, wherein the second anode active material layer is a metal layer comprising lithium or a lithium alloy.
The combined teachings of Otsuka and Ishigaki disclose the all-solid secondary battery including the cathode as discussed above in at least claims 1 and 14. Zhamu teaches an anode comprising an anode active material layer and a lithium metal or alloy layer covering the anode active material layer ([0057]). For example, Zhamu teaches a lithium metal layer (i.e., second anode active material) coated on the surface of a Si particles (i.e., first anode active material) coated with amorphous carbon ([0109]). Furthermore, Zhamu teaches that the lithium metal is between the first active anode material and the porous separator filled with electrolyte ([0109]). Although Zhamu teaches specific examples of a liquid electrolyte, Zhamu also teaches the electrolyte for an alkali metal-sulfur cell may be a polymer electrolyte or an inorganic solid electrolyte ([0012], [0084]). Zhamu also teaches that lithium metal batteries have a significantly higher energy density than lithium ion batteries, since lithium as a metal element has a high capacity (3,861 mAh/g) ([0002]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the combined teachings of Otsuka and Ishigaki with the teachings of Zhamu, whereby the all-solid battery as disclosed by the combined teachings of Otsuka and Ishigaki further includes the anode taught by Zhamu such that the lithium metal coating (i.e., second active material) is deposited on the first active material layer so as to achieve an improvement in energy density.
Response to Arguments
Rejections under 35 U.S.C. 103
Applicant's arguments filed February 13th, 2026 have been fully considered but they are not persuasive.
Applicants argue Page 8, “Applicant respectfully submits that the collective disclosures of Otsuka and Ishigaki do not teach or suggest each and every structural/compositional element of the claimed cathode. "In determining the differences between the prior art and the claims, the question under 35 U.S.C. 103 is not whether the differences themselves would have been obvious, but whether the claimed invention as a whole would have been obvious." MPEP 2141.02.”
The examiner respectfully disagrees, whereby as put forth above in the current 35 U.S.C. 103 rejection of record, the combined teachings of Otsuka and Ishigaki disclose the claimed invention and features with proper motivation to combine.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicants argue Pages 8-9, “Applicant submits that cathode of claim 1 is now commensurate in scope with the working examples of cathode layers and the unexpected and improved performance of the resulting battery as demonstrated by the data present in the application.”, and further argues Pages 8-9, “To address this prima facie overlap, Applicant again seeks to rebut the prima facie case with a demonstration the Applicant's recited range of fibrous conductive additive is indeed critically important to the claimed cathode - a teaching that is nowhere to be found in Otsuka or the art of record. More importantly, Applicant now amends claim 1 and claim 28 to better define the fibrous conductive material as carbon nanofibers (CNFs) consistent with working Examples 2, 3, and 4. Applicant has demonstrated that including 0.1-0.4 wt% of a fibrous conductive additive in a cathode can achieve unexpected technical benefits.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, the combined teachings of Otsuka and Ishigaki disclose the cathode and/or cathode active material layer including the carbon nanofiber(s). Furthermore, the examiner asserts that claims 1 and 28 are broad in scope and may include any cathode active material. In other words, the broad scope of at least independent claims 1 and 28 broadly claim a cathode active material and a carbon nanofiber, such that the skilled artisan would appreciate that this includes many different materials and combinations thereof. Furthermore, applicant argues the Examiner’s position regarding the optimization of the prior art composition to arrive at the claimed composition because applicant alleges that the claimed composition has unexpected results corresponding to Examples shown in Table 1 of the present specification.
However, the Examiner notes MPEP 716.02(d) - Unexpected Results Commensurate in Scope with Claimed Invention: Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the “objective evidence of non-obviousness must be commensurate in scope with the claims which the evidence is offered to support.” In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range.
In the instant case, at least independent claims 1 and 28 cannot be taken to be commensurate in scope with the Examples as alleged for at least the reason that the independent claim(s) are open to any cathode active material such as lithium iron phosphate (LFP), lithium nickel cobalt aluminum oxide (NCA), etc., and nowhere in the instant Examples shown or evaluated in the specification in a manner which would support a composition such as those including any cathode active material such as lithium iron phosphate (LFP), lithium nickel cobalt aluminum oxide (NCA), etc., (which is embraced by the claimed formula) to have properties which would be desirable and/or unexpected in a manner which could give the claimed range a secondary consideration to overcome the asserted obviousness.
Furthermore, the examiner asserts that Table 3 of the instant specification does not provide sufficient evidence inside/outside of the claimed range to clearly support said criticality of the claimed range as evidenced by Applicants own instant specification. For example, Table 3 only provides capacity retention data for Examples 2-4 and fails to provide capacity retention data for Example 1 and comparative examples, which the examiner asserts that Applicants showing of evidence, therefore, does not support said criticality of the claimed range.
Therefore, lacking any further chemical and/or structural distinction thereof, the current 35 U.S.C. 103 rejection of record in view of Otsuka and Ishigaki is provided.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamada et al. (U.S. PGPub US 2017/0179481 A1) discloses a positive electrode for lithium ion secondary battery and lithium ion secondary battery including the same (Title), whereby as disclosed in [0042] the positive electrode layer ref. 110 is formed of mixed particles of a positive electrode active material particle ref. 111 and a sulfide-containing solid electrolyte particle ref. 131, etc..
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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