DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/12/25 has been entered.
Response to Amendment
Claims 1, 3-9, 12-17, 20, and 21 are currently pending. Claims 2, 10, 11, 18, and 19 are cancelled. New claims 20 and 21 have been added. The previous objection to claims 11 and 19 is withdrawn. The amended claims do not overcome the previously stated 102 and 103 rejections. Therefore, upon further consideration, claims 1, 3-9, 12-17, 20, and 21 are rejected under the following 102 and 103 rejections.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-6, 9, and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sugiura (US 2017/0358816).
Regarding claims 1, 3-6, 9, and 12-17, Sugiura discloses an all-solid-state battery comprising:
an aluminum oxide layer “10” (first layer) over an aluminum substrate “14” (metal substrate), wherein the aluminum substrate and the aluminum oxide layer comprise a same metal element (aluminum); and
an electrode active material layer “11” (positive electrode active material layer) over and in contact with the aluminum oxide layer, wherein the electrode active material layer is a cathode active material layer;
wherein each of the aluminum substrate and the aluminum oxide layer is conductive;
wherein the aluminum oxide layer is a film of aluminum oxide (first material) having a first crystal structure comprising Al (first cations) and O (first anions);
wherein the cathode active material layer is a film of a cathode active material such as LiCoO2 (second material / lithium cobaltate), LiNi1/3Mn1/3Co1/3O2, LiMn2O4 having a second crystal structure comprising Li + Co (second cations) and O (second anions);
wherein the second cation comprise Co (transition metal atom);
wherein aluminum oxide inherently has a rock-salt crystal structure and LiCoO2 inherently has a layered rock-salt crystal structure;
wherein the cathode active material layer is a deposition film ([0045],[0046],[0053] and Fig. 1).
Examiner’s note: the Office takes the position that the limitations “a value calculated by a formula (1) is less than or equal to 0.1, wherein La denotes a minimum value of a distance between one of the first cations and another one of the first cations in the first crystal structure, and wherein Lb denotes a minimum value of a distance between one of the second cations and another one of the second cations in the second crystal structure” and “a minimum angle formed by one of the first cations and two of the first anions is greater than or equal to 85° and less than or equal to 90°, and wherein a minimum angle formed by one of the second cations and two of the second anions is greater than or equal to 85° and less than or equal to 90°” are inherent characteristics of the Suguira aluminum oxide and cathode active material because Sugiura teaches the same materials for the first material (aluminum oxide) and the second material (LiCoO2) as the present invention. For reference, the distance between aluminum atoms (first cations) in aluminum oxide (first crystal structure) is 2.91 A (La) and the distance between cobalt atoms (second cations) in lithium cobaltate (second crystal structure) is 2.82 A (Lb) which corresponds to (La-Lb)/La = 0.03. As disclosed in para. [0038] of the present application, “a preferable material for the base film 210 is to have conductivity and satisfy that a value calculated by the formula (1) is less than or equal to 0.1, and a further preferable material is to have conductivity and satisfy that a value calculated by the formula (1) is less than or equal to 0.06. When lithium cobaltate is used for the positive electrode active material layer 202, it is preferable for the base film 210 to use titanium nitride (TiN), aluminum (Al), aluminum nitride (AlN), aluminum oxide (A1203), LiNbO3, tantalum nitride (TaN), titanium oxide, Cu, and the like”; and in para. [0047], “Thus, in the case of lithium cobaltate, the minimum value of an angle formed by the cobalt atom and the oxygen atom coordinated to the cobalt atom is 90°. Similarly, assuming, as a crystal structure model of titanium nitride, a model where titanium that is a metal atom is coordinated to six nitrogen atoms, the angle formed by the titanium atom and the nitrogen atom is supposed to be 180° and 90°. Thus, in the case of titanium nitride, the minimum value of an angle formed by the titanium atom and the nitrogen atom coordinated to the titanium atom is 90°”.
Claims 20 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Duren et al (US 2016/0181615).
Regarding claims 20 and 21, Van Duren et al discloses a solid state lithium battery comprising:
a cathode current collector “812” (first layer) over a substrate “802” (metal substrate), wherein examples of the substrate include a metal foil (e.g. aluminum, titanium, stainless steel, etc) and the cathode current collector includes a conductive metal nitride such as titanium nitride; and
a cathode “814” (positive electrode active material layer) over and in contact with the cathode current collector;
wherein each of the cathode current collector and cathode is a deposited film;
wherein each of the substrate and cathode current collector is conductive;
wherein the cathode current collector such as titanium nitride is a film of a first material having a first crystal structure comprising Ti (first cations) and N (first anions);
wherein the cathode is a film of a lithium cobalt oxide (second material / lithium cobaltate) having a second crystal structure comprising Li + Co (second cations) and O (second anions);
wherein the second cation comprise Co (transition metal atom);
wherein titanium nitride inherently has a rock-salt crystal structure and lithium cobalt oxide inherently has a layered rock-salt crystal structure ([0020],[0033],[0036], [0037] and Fig. 8).
Examiner’s note: the Office takes the position that the limitations “a value calculated by a formula (1) is less than or equal to 0.1, wherein La denotes a minimum value of a distance between one of the first cations and another one of the first cations in the first crystal structure, and wherein Lb denotes a minimum value of a distance between one of the second cations and another one of the second cations in the second crystal structure” and “a minimum angle formed by one of the first cations and two of the first anions is greater than or equal to 85° and less than or equal to 90°, and wherein a minimum angle formed by one of the second cations and two of the second anions is greater than or equal to 85° and less than or equal to 90°” are inherent characteristics of the Van Duren cathode current collector and cathode active material because Van Duren teaches the same materials for the first material (titanium nitride) and the second material (LiCoO2) as the present invention. For reference, the distance between titanium atoms (first cations) in titanium nitride (first crystal structure) is 3.0 A (La) and the distance between cobalt atoms (second cations) in lithium cobaltate (second crystal structure) is 2.82 A (Lb) which corresponds to (La-Lb)/La = 0.06. As disclosed in para. [0038] of the present application, “a preferable material for the base film 210 is to have conductivity and satisfy that a value calculated by the formula (1) is less than or equal to 0.1, and a further preferable material is to have conductivity and satisfy that a value calculated by the formula (1) is less than or equal to 0.06. When lithium cobaltate is used for the positive electrode active material layer 202, it is preferable for the base film 210 to use titanium nitride (TiN), aluminum (Al), aluminum nitride (AlN), aluminum oxide (A1203), LiNbO3, tantalum nitride (TaN), titanium oxide, Cu, and the like” and in para. [0047], “Thus, in the case of lithium cobaltate, the minimum value of an angle formed by the cobalt atom and the oxygen atom coordinated to the cobalt atom is 90°. Similarly, assuming, as a crystal structure model of titanium nitride, a model where titanium that is a metal atom is coordinated to six nitrogen atoms, the angle formed by the titanium atom and the nitrogen atom is supposed to be 180° and 90°. Thus, in the case of titanium nitride, the minimum value of an angle formed by the titanium atom and the nitrogen atom coordinated to the titanium atom is 90°”.
Claim Rejections - 35 USC § 103
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.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiura (US 2017/0358816) in view of Van Duren et al (US 2016/0181615). The Sugiura reference is applied to claim 1 for reasons stated above.
However, Sugiura does not expressly teach a positive electrode current collector layer between the metal substrate and the first layer (claim 7).
Van Duren et al teaches the concept of forming a cathode current collector (positive electrode current collector layer) on a substrate, where the cathode current collector is between the substrate and the cathode ([0044]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Sugiura battery to include a positive electrode current collector layer between the metal substrate and the first layer in order to prevent diffusion of material from the substrate into the active components of the battery, while also preventing diffusion of material from the active components into the substrate, thereby improving capacity, voltage, and cycle life of the battery ([0044]).
Response to Arguments
Applicant's arguments filed 5/12/25 have been fully considered but they are not persuasive.
The Applicant argues that “Sugiura describes, at paragraph [0052], that the form of the electrode active material may be in a particulate form. Accordingly, Sugiura does not describe or suggest the features of claim 1 noted above, with respect to the electrode active material layer 11 being a deposition film. For at least these reasons, the Office Action fails to establish a prima facie case of unpatentability in view of Sugiura with respect to claim 1, and the rejection of claim 1, and its dependent claims, should be
withdrawn. Additionally, the Office Action invokes Official Notice, beginning at page 3, that the features recited in claim 1, with respect to distance values, “are inherent characteristics of the Sugiura aluminum oxide and cathode active material because Sugiura teaches the same materials for the first material (aluminum oxide) and the second material (LiCoO2) as the present invention.” However, Sugiura describes, at paragraph [0085], that the aluminum oxide layer serves as an electrical insulator and not as an electrical conductor. Accordingly, the Office Action’s implied invocation of Official Notice is unsupported in the Office Action with respect to Sugiura. As directed by MPEP §2144.03 (A), “[o]fficial notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.” In the present situation, neither Sugiura nor the reasoning set forth in the Office Action establish an instant and unquestionable demonstration that the distance values and minimum angles, as recited in claim 1, are “inherent characteristics of the Sugiura aluminum oxide and cathode active material because Sugiura teaches the same materials for the first material (aluminum oxide) and the second material (LiCoO2) as the present invention,” as asserted in the Office Action.”.
In response, according to para. [0058] of Sugiura, “the cathode active material layer is not particularly limited, as long as it contains at least a cathode active material”. Based upon the teachings of Sugiura, one of ordinary skill in the art would have recognized that there is no structural difference between the Sugiura cathode active material layer and the positive electrode active material layer that is a deposited film of the present invention. With respect to the distance values, the Office has provided references to show that these properties are inherent to the aluminum oxide, titanium nitride, and lithium cobaltate materials. Since Sugiura and Van Duren teach the same materials as the present invention, the Office has shown that the value calculated by a formula (1) that is less than or equal to 0.1 is an inherent characteristic of the Sugiura aluminum oxide and cathode active material and Van Duren cathode current collector and cathode active material. With respect to the argument that Sugiura teaches an aluminum oxide that is an electrical insulator and not an electrical conductor, according to MPEP 2112.01, Section II, "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)”. Since Sugiura teaches same aluminum oxide as the present invention, the Office maintains the contention that the Sugiura aluminum oxide layer is conductive. In addition, since claims 1 and 12 only recite “a first layer is conductive”, the Office takes the position that aluminum oxide which is a thermally conductive material still reads on this limitation.
Conclusion
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/T.S.C/Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 7/14/2025