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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 1st, 2025 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4, 6, 10-12 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsujii (US20120231346) in view of Jeon (US20190173126).
Regarding Claim 1, Tsujii discloses an all-solid-state battery (solid polymer electrolyte, [001]) comprising:
A positive electrode ([0016]), a negative electrode ([0015]) and a solid electrolyte membrane ([0017]),
Wherein the solid electrolyte membrane comprises:
A solid electrolyte material ([0018]); and
Metal particles (fine composite particles included in solid electrolytes, [0018], fine composite include fine particles which are metal, [0116]),
Wherein metal particles are capable of forming an alloy with lithium during operation of the battery (metals that can form alloys with lithium, [0116]),
Wherein the positive electrode comprises a positive electrode current collector and a positive electrode material ([0030], [0060]).
Tsujii discloses wherein the metal particles can be Au (gold), Ag (silver), Pt (platinum), or Pd (palladium); transition metals such as Ti, Zr, Ta, Sn, Zn, Cu, V, Sb, In, Hf, Y, Ce, Sc, La, Eu, Ni, Co or Fe, and oxides or nitrides thereof ([0116]).
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Tsujii to have wherein the metal particles comprise at least on of Au, Ag, Pt, Mg or Ni.
Tsujii discloses wherein the solid electrolyte is formed of a polymer graft chain ([0043]), wherien the polymer can be a ethylene oxide derivative ([0046]). Tsujii further discloses wherein the fine particles that are formed from the metal particles can are inorganic substances ([0054], [0116]).
Tsujii does not directly disclose wherein the metal particles are present in an amount of 0.1 wt% to 20 wt% based on 100 wt% of the solid electrolyte membrane.
Jeon discloses a lithium secondary battery ([001]) that can use a solid electrolyte ([0043]). Jeon further discloses wherein solid electrolyte can be formed of a polymer graft block ([0047]). Jeon further discloses wherein the organic electrolyte can use a polyethylene oxide derivative ([0048]). Jeon further discloses wherein the electrolyte contains inorganic particles, wherein the total amount of inorganic particles can range from 1 parts to 40 parts by weight to 100 parts by weight of ion-conductive polymer ([0017]), which overlaps the instant claim range of 0.1 wt% to 20 wt% based on 100 wt% of the solid electrolyte membrane. Jeon teaches that this structure provides the effect of suppressing dendrite growth without deterioration of film-forming properties of the electrolyte ([0017])
Therefore, it would be obvious to one of ordinary skill in the art to modify Tsujii with the teachings of Jeon to have wherein the metal particles are present in an amount of 0.1 wt% to 20 wt% based on 100 wt% of the solid electrolyte membrane. This modification would yield the expected result of suppressing dendrite growth without deterioration of film-forming properties of the electrolyte.
Regarding Claim 4, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii further discloses wherein the solid electrolyte material comprises a polymer-based solid electrolyte material (polymer brush layer comprises of polymer graft chains, [0018]).
Regarding Claim 6, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii does not directly disclose wherein the metal particles have a particle size of 1nm to 5 um.
Tsujii discloses wherein the metal particles can range in size from 100 nm to 1 um ([0117]), which overlaps the instant claim range of 1 nm to 5 um.
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Tsujii to have wherein the metal particles have a particle size of 1nm to 5 um.
Regarding Claim 10, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii further discloses wherein the negative electrode comprises a lithium metal as a negative electrode active material ([0106]).
Regarding Claim 11, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii further discloses wherein
The solid electrolyte membrane is interposed between the negative electrode and the positive electrode (Fig. 1, solid electrolyte-300, positive electrode-202, negative electrode-102, [0017]),
At least one of the negative electrodes and the positive electrode comprise a solid electrolyte material (electrode active material contains solid polymer electrolyte materials, [0102]), and
The solid electrolyte material comprises at least on of a polymer-based solid electrolyte, and oxide based solid electrolyte and a sulfide based solid electrolyte ([0102]).
Regarding Claim 12, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii further discloses wherein the all solid state battery comprises a solid electrolyte portion disposed on a contact area of the solid electrolyte membrane with the negative electrode (the solid electrolyte-300 contacts the negative electrode-102, Fig. 1)
Regarding Claim 17, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii further discloses wherien the metal particles can be Au, Ag, and Pt ([0116]).
Claim(s) 5, 8 & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsujii (US20120231346) in view of Jeon (US20190173126) further in view of Sugimasa (US20070111085).
Regarding Claim 5, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii further discloses wherein a polymer solid electrolyte with metal particles ([0054-0055]). Tsujii further discloses wherein lithium salt is included in the electrolyte in order to improve ionic conductivity ([0125]).
Tsujii does not directly disclose wherein the polymer-based solid electrolyte material comprises a polymer resin and exhibits ionic conducvity of 1 X 10-7 S/cm or above.
Sugimasa discloses a solid electrolyte membrane for an all-solid-state battery (cell with solid polymer electrolyte, [0010]) comprising: a solid electrolyte material ([0010]); and metal particles (catalytic metal particles in electrolyte, [0031], can be any suitable metal, [0036]), wherein the metal particles are capable of forming an alloy with lithium during operation of the battery, and wherein the metal particles comprises at least one of Au, Ag, Pt, Mg, or Ni (catalytic metal can be Pt, which is alloyable with lithium, [0036]). Sugimasa further discloses wherein the solid electrolyte material comprises a polymer-based solid electrolyte material ([0043]). Sugimasa further discloses wherein the polymer resin can be polyethylene resins ([0027]).
The examiner notes that Tsujii discloses wherein the lithium salt can be any lithium salt ([0125]), and Sugimasa discloses wherein the polymer resin can be a polyethylene resin, which are the same materials as used in the instant.
Therefore, it would be obvious to one of ordinary skill in the art to modify Tsujii with the teachings of Sugimasa to have wherein the polymer-based solid electrolyte material comprises a polymer resin and exhibits ionic conducvity of 1 X 10-7 S/cm or above.
Regarding Claim 8, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii does not directly disclose wherein the solid electrolyte membrane for a solid state battery comprises a solid electrolyte portion not including the metal particles on one or two outermost surfaces thereof.
Sugimasa discloses a solid electrolyte portion not including the metal particles on one or two most outermost surfaces thereof (catalytic metal is placed on an exposed surface of the intermediate [0010], [0032], and therefore the solid electrolyte portion has one surface that is not exposed to the metal particles).
Therefore, it would be obvious to one of ordinary skill in the art to modify Tsujii with the teachings Sugimasa to have wherein the solid electrolyte membrane for an solid state battery comprises a solid electrolyte portion not including the metal particles on one or two outermost surfaces thereof.
Regarding Claim 18, Tsujii in view of Jeon discloses the limitations as set forth above. Tsujii does not directly disclose wherein the solid electrolyte membrane further includes a solid electrolyte portion not including the metal particles to a predetermined thickness on at least one side.
Sugimasa discloses wherein the solid electrolyte membrane further includes a solid electrolyte portion not including the metal particles to a predetermined thickness on at least one side (catalytic metal is placed on an exposed surface of the intermediate [0010], [0032], and therefore the solid electrolyte portion has one surface that is not exposed to the metal particles, that has an electrolyte portion not including metal particles to a predetermined thickness on at least one side).
Therefore, it would be obvious to one of ordinary skill in the art to modify the structure of Tsujii with the teachings of Sugimasa to have wherein the solid electrolyte membrane further includes a solid electrolyte portion not including the metal particles to a predetermined thickness on at least one side.
Response to Arguments
Applicant’s amendments, in view of their arguments, see Claims, filed September 12th, 2025, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Tsujii in view of Jeon under 35 USC 103.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANKITH R SRIPATHI/ Examiner, Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728