DETAILED ACTION
Claims 1, 4-5, 10-16, 19, 21-24, 26, 30, and 33-34 are presented for examination, wherein claim 34 is currently amended; plus, claims 13-14, 24, 26, and 30, plus the subject matter of the subject matter of the solid electrolyte may comprise an oxide solid electrolyte (e.g. within claim 11) are withdrawn. Claims 2-3, 6-9, 17-18, 20, 25, 27-29, and 31-32 are cancelled.
The objection to claim 34 is withdrawn, as a result of the amendment to said claim.
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
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-5, 10-12, 15-16, 19, 21-23, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Ham et al (US 2019/0074513) in view of Miara et al (US 2019/0140265).
Regarding previously amended independent claim 1, Ham teaches a cathode comprising a cathode active material layer formed by coating a precursor slurry directly onto an aluminum current collector and then drying said slurry, plus a lithium battery containing said cathode (e.g. ¶¶ 0114 and 156), reading on “positive active material layer,” said cathode active material layer comprising:
(1) a cathode active material that may have a bimodal average particle size diameter distribution, wherein said active material has both
(1a) a large-particle-size cathode active material with an average particle diameter larger than 15 µm, such as 16-25 µm (corresponding with the claimed “first particle size distribution,” “first mean particle diameter,” and “D1”) and
(1b) a small-particle-size cathode active material with an average particle diameter of about 2 µm to about 5 µm (corresponding with the claimed “second mean particle diameter,” “second particle size distribution,” and “D2”),
wherein said large-particle-size cathode active material and said small-particle-size cathode active material present in a mixing ratio by weight of about 1:99 to about 99:1, in some embodiments, about 1:9 to about 9:1, and in some other embodiments, about 6:4 to about 7:3
(e.g. ¶¶ 0110-113 and 122), wherein it is understood that the taught large-particle-size cathode active material and small-particle-size cathode active material each refer to a “plurality of particles,” said taught average particle diameters establishing a prima facie case of obviousness of the claimed range for D1 and D2, see also e.g. MPEP § 2144.05(I), reading on “a positive active material comprising a plurality of particles having multi-modal particle size distribution, wherein the multi-modal particle size distribution comprises a first particle size distribution having a first mean particle diameter (D1) and a second particle size distribution having a second mean particle diameter (D2)” and “each of the first mean particle diameter and the second mean particle diameter are independently 1 micrometer to 50 micrometers.”
Regarding the previously added limitation “a ratio (ψ) of D2 to D1 is 0.1 ≤ ψ ≤ 0.5,” incorporating the subject matter of former claims 2-3, Ham teaches said bimodal average particle size diameter distribution, wherein said small-particle-size cathode active material with an average particle diameter of about 2 µm to about 5 µm (corresponding with the claimed “second mean particle diameter,” “second particle size distribution,” and “D2”) and said large-particle-size cathode active material with an average particle diameter larger than 15 µm, such as 16-25 µm (corresponding with the claimed “first particle size distribution,” “first mean particle diameter,” and “D1”) (e.g. supra), establishing a prima facie case of obviousness of the claimed ratio range of D2 to D1, see also e.g. MPEP § 2144.05(I), reading on said previously added limitation.
Regarding the previously amended, previously added limitation “a positive active material loading in the positive active material layer is 94 to 96 percent, based on a total weight of the positive active material layer,” Ham teaches amounts of said cathode active material, said conducting agent, and said binder may be the same as amounts generally used in the art for lithium secondary batteries, wherein said binder expressly is taught may be omitted, and further teaches five examples wherein said cathode active material is in an amount of 92 wt% of the total cathode active material layer (e.g. ¶¶ 0117 and 156-163),
wherein it would have been obvious to a person of ordinary skill in the art to generally incorporate said cathode active material in said taught amount of 92 wt% of the total cathode active material layer as the “amounts generally used in the art,” in conjunction with conducting agents and optional binders, since Ham teaches said taught amount is suitable for use in cathode active material layers,
said cathode active material is in said amount of 92 wt% of the total cathode active material layer is sufficiently close to the previously amended claimed range, see also e.g. MPEP § 2144.05(I) and see further e.g. the instant specification, at e.g. ¶¶ 0055-58, wherein said specification provides data for four (4) examples and two (2) comparative examples, wherein the data provided for the examples includes 85 wt% and 90 wt% within the scope of the instant invention:
example 1 and example 2—which are within the scope of the instant invention—include positive electrode active material in an amount of 85 wt% of the positive electrode active material layer and provide for solid electrolyte (“Li6-PS5-Cl”) in an amount of 14 wt%; and,
example 3 and example 4—which are within the scope of the instant invention—include positive electrode active material in an amount of 90 wt% of the positive electrode active material layer
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(see annotated instant Table 1, supra); and, see furthermore:
[0022] The weight fraction of the positive active material in the positive active material layer may be 70 weight percent (wt %) of a total weight of the positive active material. For example, the total weight of the positive active material of particles corresponding to the first particle size distribution and the second particle size distribution may be 70 wt % to 100 wt %, 75 wt % to 95 wt %, or 80 wt % to 90 wt % of a total weight of the positive active material layer.
[0042] In an aspect, the foregoing method may have an active material loading in the positive active material layer of equal to or greater than 90 percent (%), based on a total weight of the positive active material layer. For, example, the active material loading in the positive active material may be 90% to 100%, 92% to 98%, 94% to 96%.
(instant specification, at e.g. ¶¶ 0022 and 42, emphasis added), reading on said previously amended, previously added limitation.
Regarding the previously added limitation incorporating subject matter similar to former claims 7-8, “wherein each of the particles corresponding to the first particle size distribution and the particles corresponding to the second particle distribution independently comprises a lithium transition metal oxide comprising nickel, cobalt, and manganese,” Ham teaches said large-particle-size cathode active material may include a lithium transition-metal oxide including nickel, cobalt, manganese, and combination thereof (e.g. ¶ 0010, 35, 53-54, 58-83, 113-114, 118-120, and 122), wherein said active material has both of large-particle-size cathode active material and said small-particle-size cathode active material, such that a person of ordinary skill in the art would appreciate that the composition of active material is the same for each particle of said large-particle-size cathode active material and for each particle of said small-particle-size cathode active material, wherein the difference is the particle size distribution, reading on said previously added limitation.
In the alternative, it would have been obvious to use the same composition for each particle of said small-particle-size cathode active material as that of each particle of said large-particle-size cathode active material, since both are equivalently used as cathode active materials, see also e.g. MPEP § 2144.06(II). Further, it would have been obvious to use the same composition for each particle of said small- and large-particle-size cathode active materials in order to keep the electrochemical characteristics the same, except for those resulting from the difference in size of the particles, reading on said previously added limitation;
(2) a conducting agent, such as carbon black, graphite particulates, natural graphite, artificial graphite, acetylene black, or Ketjen black; carbon fibers; carbon nanotubes, or any other suitable material available as a conducting agent in the art, wherein said conducting agent may be incorporated in the same as amounts as generally used in the art for lithium secondary batteries, such as e.g. a weight ratio of active material : conductive material of e.g. 92:4 (e.g. ¶¶ 0114-117, 156, and 158), reading on “a conductive agent.”
(3) Ham teaches said battery including a solid electrolyte disposed between its cathode and anode (e.g. ¶¶ 0012 and 137), but does not expressly teach said cathode active material comprising the previously amended limitation “a solid electrolyte comprising particles having a mean particle diameter (DSE) of 1.5 micrometers to 6 micrometers.”
However, Miara teaches positive electrode (e.g. item 10) for a solid-state lithium battery, wherein said positive electrode comprises a current collector (e.g. item 12), and a positive electrode layer coated and dried on said current collector,
said positive electrode layer comprising coated positive electrode active material particles (e.g. items 14), solid electrolyte particles (e.g. items 18), and conductive agent particles (e.g. items 20),
said solid electrolyte particles may have a mean particle diameter (D50) ranging from about 0.1 to about 20 μm,
said solid electrolyte particles may specifically be a sulfide-based solid electrolyte composition, such as Li2S—P2S5 or Li2S—P2S5—LiX where X is a halogen element, and
said sulfide-based solid electrolyte particles are known for its high lithium ion conductivity
(e.g. ¶¶ 0004-10, 29-30, 48, 50-55, 59-61, and 95-97 plus e.g. Figures 1A-1K).
As a result, it would have been obvious to a person of ordinary skill in the art to further incorporate said sulfide-based solid electrolyte particles of Miara, which may have Li2S—P2S5 or Li2S—P2S5—LiX compositions and mean particle diameter (D50) ranging from about 0.1 to about 20 μm, in said cathode active material layer of Ham, since Miara teaches said positive electrode layer comprising said sulfide-based solid electrolyte particles and said sulfide-based solid electrolyte particles are known for its high lithium ion conductivity, noting e.g. improving ion conductivity within the bulk of said cathode active material layer improves battery charging and discharging characteristics, establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the previously added limitation “a solid electrolyte comprising particles having a mean particle diameter (DSE) of 1.5 micrometers to 6 micrometers.”
In the alternative, Ham teaches said cathode active material layer may include said conducting agent, such as carbon black, graphite particulates, natural graphite, artificial graphite, acetylene black, or Ketjen black; carbon fibers; carbon nanotubes, or any other suitable material available as a conducting agent in the art, wherein said conducting agent may be incorporated in the same as amounts as generally used in the art for lithium secondary batteries, such as e.g. a weight ratio of active material : conductive material of e.g. 92:4 (e.g. supra).
The disclosure of Miara, supra, is incorporated herein by reference, wherein said positive electrode layer comprising said solid electrolyte particles (e.g. items 18), wherein said sulfide-based solid electrolyte particles of Miara, which may have Li2S—P2S5 or Li2S—P2S5—LiX compositions and mean particle diameter (D50) ranging from about 0.1 to about 20 μm, are known for its high lithium ion conductivity.
As a result, it would have been obvious to substitute some of said conducting agent of Ham, which may be carbon black, graphite particulates, natural graphite, artificial graphite, acetylene black, or Ketjen black; carbon fibers; carbon nanotubes, with some sulfide-based solid electrolyte particles of Miara, which may have Li2S—P2S5 or Li2S—P2S5—LiX compositions and mean particle diameter (D50) ranging from about 0.1 to about 20 μm, since Miara teaches said sulfide-based solid electrolyte particles are known for its high lithium ion conductivity (i.e. a “conducting agent”), noting e.g. improving ion conductivity within the bulk of said cathode active material layer improves battery charging and discharging characteristics, establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the previously added limitation “a solid electrolyte comprising particles having a mean particle diameter (DSE) of 1.5 micrometers to 6 micrometers.”
Regarding the previously added limitation incorporating the previously amended limitation of former claim 20, “DSE satisfies (D1/(8.926−13.41ψ+3.762ϕ)) ≤ DSE ≤ D2, wherein ϕ is a ratio a weight of the second particle (W2) to a total weight of the positive active material (WCAM), the second particle having the second mean particle diameter (D2),” Ham as modified teaches the cathode active material layer of claim 1, wherein said cathode active material has said bimodal average particle size diameter distribution, said large-particle-size cathode active material has said average particle diameter larger than 15 µm, such as 16-25 µm (corresponding with the claimed “first particle size distribution,” “first mean particle diameter,” and “D1”); said small-particle-size cathode active material has said average particle diameter of about 2 µm to about 5 µm (corresponding with the claimed “second particle size distribution,” “second mean particle diameter,” and “D2”), and said large-particle-size cathode active material and said small-particle-size cathode active material present in a mixing ratio by weight of about 1:99 to about 99:1, in some embodiments, about 1:9 to about 9:1, and in some other embodiments, about 6:4 to about 7:3; and, said sulfide-based solid electrolyte particles may have said average particle size (D50) of from about 0.1 to about 20 μm (e.g. supra), establishing a prima facie case of obviousness of the claimed ranges of the claimed relationships, see also e.g. MPEP § 2144.05(I), reading on said previously added limitation “DSE satisfies (D1/(8.926−13.41ψ+3.762ϕ)) ≤ DSE ≤ D2,” “wherein ϕ is a ratio a weight of a second particle (W2) to a total weight of the positive active material (WCAM), the second particle having the second mean particle diameter (D2).”
Regarding the previously added limitation incorporating the subject matter of previously added former claim 31, “the positive active material layer has a utilization of at least 80%,” Ham as modified teaches the cathode active material layer of claim 1, wherein said cathode active material that may have said bimodal average particle size diameter distribution, wherein said active material has both (1a) said large-particle-size cathode active material with said average particle diameter larger than 15 µm, such as 16-25 µm (corresponding with the claimed “first particle size distribution,” “first mean particle diameter,” and “D1”); and, (1b) said small-particle-size cathode active material with said average particle diameter of about 2 µm to about 5 µm (corresponding with the claimed “second particle size distribution,” “second mean particle diameter,” and “D2”), wherein said large-particle-size cathode active material and said small-particle-size cathode active material present in said mixing ratio by weight of about 1:99 to about 99:1, in some embodiments, about 1:9 to about 9:1, and in some other embodiments, about 6:4 to about 7:3 (e.g. supra), but does not expressly teach said previously added limitation.
However, Ham teaches a substantially identical product (see supra, said bimodal active material particle distribution with said large-particle-size cathode active material with said average particle diameter larger than 15 µm, such as 16-25 µm; and, said small-particle-size cathode active material with a particle diameter of about 2 µm to about 5 µm, wherein said large-particle-size cathode active material and said small-particle-size cathode active material present in a mixing ratio by weight of about 1:99 to about 99:1, in some embodiments, about 1:9 to about 9:1, and in some other embodiments, about 6:4 to about 7:3; and said bimodal cathode active material is in an amount of 92 wt% of the total cathode active material layer (e.g. supra)—compared with instant specification, at e.g. ¶¶ 0017 and 56-59 plus Table 1 annotated infra, noting the comparative examples have unimodal particle distribution, while no examples provide evidence of the claimed range for electrolyte mean particle diameter, DSE, noting e.g. the comparative examples have electrolyte particles with mean particle diameters within the claimed range, at 1.5 µm), establishing a prima facie case of obviousness of said limitation, see also e.g. MPEP § 2112.01.
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In the alternative and/or to further bolster the prima facie case of obviousness supra, Ham teaches amounts of said cathode active material, said conducting agent, and said binder may be the same as amounts generally used in the art for lithium secondary batteries and further teaches five examples wherein said bimodal cathode active material is in an amount of 92 wt% of the total cathode active material layer (e.g. supra), wherein the instant specification teaches the following:
[0013] To provide an energy density comparable to when a liquid electrolyte is used, at least 90% utilization of a positive electrode active material in an electrode comprising at least 80 weight percent (wt %) of the positive electrode active material is desired. The utilization (θCAM) of a positive electrode composite is the ratio of the volume of the active cathode active material particles to the total cathode active material volume. To provide 90% utilization, the particle size of the positive electrode active material is reduced, e.g., to a D50 (mean particle diameter) of 4 μm or less, and a small solid-state electrode particle size, e.g., a mean particle diameter of less than 1.5 μm is used. However, use of a solid electrolyte having a small particle size results in increased impedance and lower rate capability. Thus providing both high energy density and high rate capability in solid state positive electrode materials has been elusive.
As a result, Ham teaches a substantially identical product (see supra, said bimodal cathode active material in said amount of 92 wt% of the total cathode active material layer, compared with instant specification, at e.g. ¶¶ 0004, 13, 16-17, and 59), establishing a prima facie case of obviousness of said limitation, see also e.g. MPEP § 2112.01.
Regarding claim 4, Ham as modified teaches the cathode active material layer of claim 1, wherein Ham teaches said cathode active material has said bimodal average particle size diameter distribution, wherein said large-particle-size cathode active material and said small-particle-size cathode active material present in a mixing ratio by weight of about 1:99 to about 99:1, in some embodiments, about 1:9 to about 9:1, and in some other embodiments, about 6:4 to about 7:3 (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “a ratio of a weight of particles corresponding to the second particle size distribution to a total weight of the positive active material is 0.1 to 0.5.”
Regarding claim 5, Ham as modified teaches the cathode active material layer of claim 1, wherein Ham teaches said large-particle-size cathode active material has said average particle diameter larger than 15 µm, such as 16-25 µm; and, said small-particle-size cathode active material has said average particle diameter of about 2 µm to about 5 µm (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 “D1 is 3 micrometers to 25 micrometers and D2 is 1 micrometer to 15 micrometers.”
Regarding claim 10, Ham as modified teaches the cathode active material layer of claim 1, wherein Ham teaches said conducting agent may be e.g. carbon black, graphite particulates, natural graphite, artificial graphite, acetylene black, or Ketjen black; carbon fibers; carbon nanotubes, or any other suitable material available as a conducting agent in the art (e.g. supra), reading on “the conductive agent comprises graphite, carbon fiber, activated carbon, carbon nanotubes, carbon black, amorphous carbon, or a combination thereof.”
Regarding claims 11-12, Ham as modified teaches the cathode active material layer of claim 1, wherein said solid electrolyte may be said sulfide-based solid electrolyte composition, such as Li2S—P2S5 or Li2S—P2S5—LiX where X is a halogen element (e.g. supra), reading on “the solid electrolyte comprises a sulfide solid electrolyte...” (claim 11) and “the sulfide solid electrolyte is Li2S—P2S5, Li2S—P2S5—LiX, or a combination thereof, wherein X is at least one halogen element” (claim 12).
Regarding claims 15-16, Ham as modified teaches the cathode active material layer of claim 1, wherein said large-particle-size cathode active material has said average particle diameter larger than 15 µm, such as 16-25 µm (e.g. supra); and, said sulfide-based solid electrolyte particles may have said average particle size (D50) of from about 0.1 to about 20 μm (e.g. supra), establishing a prima facie case of obviousness of the claimed ranges of ratio (λ), see also e.g. MPEP § 2144.05(I), reading on “a ratio (λ) of D1 to DSE is equal to or greater than 1” (claim 15) and “wherein 2 ≤ λ ≤ 30” (claim 16).
Regarding previously amended claim 19, Ham as modified teaches the cathode active material layer of claim 1, wherein said large-particle-size cathode active material and said small-particle-size cathode active material present in a mixing ratio by weight of about 1:99 to about 99:1, in some embodiments, about 1:9 to about 9:1, and in some other embodiments, about 6:4 to about 7:3 (e.g. supra), establishing a prima facie case of obviousness of the claimed range of the claimed relationship, see also e.g. MPEP § 2144.05(I), reading on the previously amended limitation “wherein 0.1 ≤ ϕ ≤ 0.5.”
Regarding previously added claim 33, Ham as modified teaches the cathode active material layer of claim 1, wherein said layer may consist of
(1) said cathode active material that may consist of said bimodal average particle size diameter distribution (e.g. supra, see further entire disclosure), reading on “the positive active material, which consists of the plurality of particles having multi-modal particle size distribution;”
(2) said conducting agent (e.g. supra), reading on “the conductive agent;” and,
(3) said sulfide-based solid electrolyte particles, composed of e.g. Li2S—P2S5 or Li2S—P2S5—LiX where X is a halogen element, which may consist of said average particle size (D50) of from about 0.1 to about 20 μm (e.g. supra, see further entire disclosure), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the limitations “the solid electrolyte consisting of particles having a mean particle diameter of 1.5 micrometers to 6 micrometers” and “the solid electrolyte is a sulfide solid electrolyte,”
wherein Ham teaches said cathode active material may have a composition of e.g. LixNi1−y−zCoyMnzO2, wherein 1≤x≤1.1, 0≤y≤0.2, 0≤z≤0.2 (e.g. ¶¶ 0059-83 and 119-120), reading on “the positive active material is a lithium nickel cobalt manganese oxide.”
Regarding claims 21-23 plus previously added claim 34, Ham and Miara are applied as provided supra, with the following modifications.
Still regarding independent claim 21, Ham as modified teaches said cathode including said cathode active material layer of claim 1, wherein Ham teaches said cathode comprising said cathode active material layer formed by coating said precursor slurry directly onto said aluminum current collector and then drying said slurry (e.g. supra), reading on “positive electrode comprising: a current collector; and the positive active material layer of claim 1 on a surface of the current collector.”
Still regarding independent claim 22, Ham as modified teaches said lithium battery including said cathode and said cathode active material layer of claim 1, wherein Ham teaches said battery comprising said cathode comprising said cathode active material layer formed by coating said precursor slurry directly onto said aluminum current collector and then drying said slurry (e.g. supra), reading on “lithium battery comprising: the positive electrode of claim 21.”
Further, Ham teaches said battery may comprise an anode comprising an anode active material, a conducting agent, and a binder directly coated on a copper current collector, wherein said anode active material may be any suitable material that is generally used in the art, such as lithium metal, a metal alloyable with lithium, a carbonaceous material, or a combination thereof (e.g. ¶¶ 0126-127), reading on “lithium battery comprising…a negative electrode comprising a metal current collector;” and,
an electrolyte disposed between said cathode and said anode, wherein said electrolyte may be said solid electrolyte (e.g. supra), reading on “lithium battery comprising…a solid electrolyte disposed between the positive electrode and the negative electrode.”
Still regarding claim 23, Ham as modified teaches the battery of claim 22, wherein said anode comprises said anode active material and said copper current collector, wherein said anode active material may be any suitable material that is generally used in the art, such as lithium metal, said metal alloyable with lithium, said carbonaceous material, or said combination thereof (e.g. supra), reading on “the negative electrode further comprises carbon, lithium, a lithium metal alloy, or a combination thereof.”
Still regarding previously added claim 34, Ham as modified teaches said lithium battery including said cathode and said cathode active material layer of previously added claim 33, wherein Ham teaches said battery comprising said cathode comprising said cathode active material layer formed by coating said precursor slurry directly onto said aluminum current collector and then drying said slurry (e.g. supra), reading on the limitation “lithium battery comprising: a positive electrode comprising a positive electrode current collector, the positive electrode active material layer of claim 33 on a surface of the positive electrode current collector.”
Further, Ham teaches said battery may comprise an anode comprising an anode active material, a conducting agent, and a binder directly coated on a copper current collector, wherein said anode active material may be any suitable material that is generally used in the art, such as lithium metal, a metal alloyable with lithium, a carbonaceous material, or a combination thereof (e.g. ¶¶ 0126-127), reading on “lithium battery comprising…a negative electrode comprising a metal current collector, and carbon, lithium, a lithium alloy, or a combination thereof on the metal current collector;” and
an electrolyte disposed between said cathode and said anode, wherein said electrolyte may be said solid electrolyte (e.g. supra), reading on “lithium battery comprising…a solid electrolyte layer disposed between the positive electrode and the negative electrode.”
Response to Arguments
Applicant’s arguments filed September 11, 2025 have been fully considered but they are not persuasive.
First, the applicant alleges the following.
Ham discloses a cathode active material including a secondary particle including an aggregate of a plurality of primary particles, wherein the secondary particle includes a nickel- containing lithium transition metal oxide having a layered crystal structure, wherein the plurality of primary particles includes a first primary particle having a size greater than about 400 nanometers, a second primary particle having a size less than about 150 nanometers, and a third primary particle having a size of about 150 nanometers to about 400 nanometers. (Abstract)
Ham teaches that the primary particles may form a bimodal distribution of secondary particles where the larger cathode active material particles have average particle size diameters of 16 to 25 micrometers and the smaller cathode active material particles have average particle size diameters of 2 to 5 micrometers. (see paragraph [0111]) It teaches that the smaller particles are present in an amount of 10 to 90 wt%, based on a total weight of the cathode active material. (see paragraph [0111])
Ham only teaches that the cathode active material is present in the cathode active material layer in an amount of at most 92 wt%. It does not teach that the cathode active material is present in an amount of 94 to 96 wt% as presently claimed.
(Remarks, at 8:3-8:5.)
In response, the examiner respectfully incorporates by reference the rejection regarding the previously amended, previously added limitation “a positive active material loading in the positive active material layer is 94 to 96 percent, based on a total weight of the positive active material layer.”
The prior and instant Office actions establish a prima facie case of obviousness since Ham teaches its cathode active material is in said amount of 92 wt% of the total cathode active material layer, which is sufficiently close to the previously amended claimed range, see also e.g. MPEP § 2144.05(I), and further provide evidence from the instant specification and instant data.
For example, the instant specification provides a positive electrode active material loading is within the scope of the instant invention in the ranges of 70 wt % to 100 wt %, 75 wt % to 95 wt %, or 80 wt % to 90 wt %, 92 wt% to 98 wt%, and 94 wt% to 96 wt%, based on a total weight of the positive active material layer:
[0022] The weight fraction of the positive active material in the positive active material layer may be 70 weight percent (wt %) of a total weight of the positive active material. For example, the total weight of the positive active material of particles corresponding to the first particle size distribution and the second particle size distribution may be 70 wt % to 100 wt %, 75 wt % to 95 wt %, or 80 wt % to 90 wt % of a total weight of the positive active material layer.
[0042] In an aspect, the foregoing method may have an active material loading in the positive active material layer of equal to or greater than 90 percent (%), based on a total weight of the positive active material layer. For, example, the active material loading in the positive active material may be 90% to 100%, 92% to 98%, 94% to 96%.
(instant specification, at e.g. ¶¶ 0022 and 42, emphasis added), reading on said previously amended, previously added limitation.
Further, the instant specification, at e.g. ¶¶ 0055-58, provides data for examples and comparative examples, wherein the data provided for the examples includes 85 wt% and 90 wt% within the scope of the instant invention:
example 1 and example 2—which are within the scope of the instant invention—include positive electrode active material in an amount of 85 wt% of the positive electrode active material layer and provide for solid electrolyte (“Li6-PS5-Cl”) in an amount of 14 wt%; and,
example 3 and example 4—which are within the scope of the instant invention—include positive electrode active material in an amount of 90 wt% of the positive electrode active material layer
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(e.g. supra plus e.g. annotated instant Table 1, supra.)
Second, the applicant alleges the following.
Ham does not specifically disclose including a solid electrolyte in a positive active material layer, let alone including greater than 0 but less than 6 wt% of a solid electrolyte. In paragraph [0114], Ham teaches the manufacturing of a cathode as follows:
a cathode active material according to any of the above-described embodiments, a conducting agent, a binder, and a solvent may be mixed together to prepare a cathode active material composition. The cathode active material composition may be directly coated on an aluminum current collector and then dried to form a cathode having a cathode active material layer. In some embodiments, the cathode active material composition may be cast on a separate support to form a cathode active material film. This cathode active material film may then be separated from the support and then laminated on an aluminum current collector to form a cathode having the cathode active material layer.
In paragraph [0132] — [0137], Ham teaches the manufacturing of a secondary lithium battery that includes an assembly of the cathode, anode, separator and electrolyte. It is here in paragraph [0137] that Ham details that a solid state electrolyte may be used. It does not specifically teach the inclusion of a solid state electrolyte in the cathode active material layer as is presently claimed.
(Remarks, at 8:6-9:1.)
First, the examiner respectfully notes that the argument is not commensurate with the scope of the claims. Claim 1 requires the presence of (1) “a conductive agent,” (2) “a solid electrolyte,” and (3) a “positive electrode material” with a loading of “94 to 96 percent, based on a total weight of the positive electrode active material layer.”
However, it does not claim a content range of solid electrolyte, let alone one that is greater than 0 but less than 6 wt%.
As an aside regarding the alleged “greater than 0 but less than 6 wt%” range, the alleged range does not appear to have support in the initial disclosure. The specification does not expressly provide a range for the solid electrolyte nor conductive agent. Further examples in Table 1 provide said solid electrolyte in amounts of 9 wt% (examples 3-4) and 14 wt% (examples 1-2) plus said conductive agent is present in an amount of 1 wt% for examples 1-4 and comparative examples 1-2 (calculated by the NMC811 and Li6-PS5—Cl totaling to 99 wt%, so the remainder is 1 wt%).
Second, the examiner respectfully incorporates by reference the rejection regarding the previously amended limitation “a solid electrolyte comprising particles having a mean particle diameter (DSE) of 1.5 micrometers to 6 micrometers” that incorporates the solid electrolyte particles of Miara within cathode active material layer of Ham. For example, the Office action specifically provides:
As a result, it would have been obvious to a person of ordinary skill in the art to further incorporate said sulfide-based solid electrolyte particles of Miara, which may have Li2S—P2S5 or Li2S—P2S5—LiX compositions and mean particle diameter (D50) ranging from about 0.1 to about 20 μm, in said cathode active material layer of Ham, since Miara teaches said positive electrode layer comprising said sulfide-based solid electrolyte particles and said sulfide-based solid electrolyte particles are known for its high lithium ion conductivity, noting e.g. improving ion conductivity within the bulk of said cathode active material layer improves battery charging and discharging characteristics, establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the previously added limitation “a solid electrolyte comprising particles having a mean particle diameter (DSE) of 1.5 micrometers to 6 micrometers.”
(March 11, 2025 non-final Office action, at e.g. pp. 9-10, original emphasis removed so that the emphasis is newly added.)
Further, the examiner notes the alternative rejection provides the following.
In the alternative, Ham teaches said cathode active material layer may include said conducting agent, such as carbon black, graphite particulates, natural graphite, artificial graphite, acetylene black, or Ketjen black; carbon fibers; carbon nanotubes, or any other suitable material available as a conducting agent in the art, wherein said conducting agent may be incorporated in the same as amounts as generally used in the art for lithium secondary batteries, such as e.g. a weight ratio of active material : conductive material of e.g. 92:4 (e.g. supra).
The disclosure of Miara, supra, is incorporated herein by reference, wherein said positive electrode layer comprising said solid electrolyte particles (e.g. items 18), wherein said sulfide-based solid electrolyte particles of Miara, which may have Li2S—P2S5 or Li2S—P2S5—LiX compositions and mean particle diameter (D50) ranging from about 0.1 to about 20 μm, are known for its high lithium ion conductivity.
As a result, it would have been obvious to substitute some of said conducting agent of Ham, which may be carbon black, graphite particulates, natural graphite, artificial graphite, acetylene black, or Ketjen black; carbon fibers; carbon nanotubes, with some sulfide-based solid electrolyte particles of Miara, which may have Li2S—P2S5 or Li2S—P2S5—LiX compositions and mean particle diameter (D50) ranging from about 0.1 to about 20 μm, since Miara teaches said sulfide-based solid electrolyte particles are known for its high lithium ion conductivity (i.e. a “conducting agent”), noting e.g. improving ion conductivity within the bulk of said cathode active material layer improves battery charging and discharging characteristics, establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the previously added limitation “a solid electrolyte comprising particles having a mean particle diameter (DSE) of 1.5 micrometers to 6 micrometers.”
(Id, at e.g. pp. 10-11, emphasis in the original.)
Third, the applicant alleges the following.
More specifically, it does not teach the inclusion of solid electrolyte particles having a mean particle diameter of 1.5 to 6 micrometers and where DSE satisfies
(D1/(8.926−13.41ψ+3.762ϕ)) ≤ DSE ≤ D2,
wherein ϕ is a ratio a weight of a second particle (W2) to a total weight of the positive active material (Wcam), the second particle having the second mean particle diameter (D2) and where a ratio (ψ) of D2 to D1 is 0.1≤ ψ≤0.5. The claimed composition therefore has two particle size distributions - one formed by the distribution of solid electrolyte particles and second particles and another formed by the first particle size distributions.
D1 teaches a bimodal distribution that does not include solid electrolyte particles and therefore does not teach the claimed invention.
The Examiner has compensated for this deficiency by selecting Miara. Miara teaches a positive electrode active material includes a core and a coating disposed on at least a portion of a surface of the core. The core includes a lithium metal oxide, a lithium metal phosphate, or a combination thereof. The coating includes a compound according to the formula LimM1nXp, where 0<m≤6, 0≤n≤1, and 0<p≤7.
Miara teaches solid state electrolyte particles. It teaches that the mean particle size for these solid state electrolyte particles is 0.01 to 30 micrometers. It therefore teaches a range for the solid state electrolyte particles that encompasses the range for both the smaller cathode active material particles (2 to 5 micrometers) and the larger cathode active material particles (16 to 25 micrometers).
Miara therefore teaches 3 particle size distributions — one for the smaller cathode active material particles, one for the larger cathode active material particles and a separate particle size distribution for the solid state electrolyte particles. Miara teaches a range for the size of the solid state electrolyte particles that is far greater than that presently claimed. For this reason at least, Ham combined with Miara does not teach the claimed first and second size particle distributions, but instead teaches three overlapping particle size distributions.
(Remarks, at 9:2-9:6.)
In response, the examiner respectfully incorporates by reference the rejection regarding the previously amended limitation of former claim 20, “DSE satisfies (D1/(8.926−13.41ψ+3.762ϕ)) ≤ DSE ≤ D2, wherein ϕ is a ratio a weight of the second particle (W2) to a total weight of the positive active material (WCAM), the second particle having the second mean particle diameter (D2).”
Specifically, the teachings of each reference result in values that establish a prima facie case of obviousness of the claimed relationship.
…Ham as modified teaches the cathode active material layer of claim 1, wherein said cathode active material has said bimodal average particle size diameter distribution, said large-particle-size cathode active material has said average particle diameter larger than 15 µm, such as 16-25 µm (corresponding with the claimed “first particle size distribution,” “first mean particle diameter,” and “D1”); said small-particle-size cathode active material has said average particle diameter of about 2 µm to about 5 µm (corresponding with the claimed “second particle size distribution,” “second mean particle diameter,” and “D2”), and said large-particle-size cathode active material and said small-particle-size cathode active material present in a mixing ratio by weight of about 1:99 to about 99:1, in some embodiments, about 1:9 to about 9:1, and in some other embodiments, about 6:4 to about 7:3; and, said sulfide-based solid electrolyte particles may have said average particle size (D50) of from about 0.1 to about 20 μm (e.g. supra), establishing a prima facie case of obviousness of the claimed ranges of the claimed relationships, see also e.g. MPEP § 2144.05(I), reading on said previously added limitation “DSE satisfies (D1/(8.926−13.41ψ+3.762ϕ)) ≤ DSE ≤ D2,” “wherein ϕ is a ratio a weight of a second particle (W2) to a total weight of the positive active material (WCAM), the second particle having the second mean particle diameter (D2).”
(March 11, 2025 non-final Office action, at e.g. pp. 11-12, emphasis in the original.)
Further, the examiner respectfully notes that the Miara reference is applied for the solid electrolyte particles, not for the cathode active material.
Fourth, the applicant alleges the following.
In addition, Miara does not compensate for the deficiency of Ham (in that it does not teach 94 to 96 wt% of the positive active material in the positive active material layer.
At best, because it teaches the presence of a coating on the positive active materials, the amount of the positive active material in the positive active material layer is reduced to below the amount of 92 wt% as disclosed by Ham.
Miara does not make up for the deficiency of Ham and the combination does not produce the claimed invention.
(Remarks, at 10:1-10:3.)
In response, the examiner respectfully refers supra.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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, 9-6.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723