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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are not found persuasive because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Status of Application
Claims 1, 3-7 are currently pending. Claim 2 is cancelled. Claims 1,5 are currently amended.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchiyama (JP2015056307A, US equivalent US20160211519A1 used for citation/translation), in view of Fang (CN1770513A, translation attached).
Regarding claim 1, Uchiyama discloses a method for producing a composite active material particle (Example 2 [Uchiyama 0085]), the method comprising:
a first step of coating at least part of a surface of an active material particle with a lithium ion conducting oxide to form a coated active material particle (i.e., spray drying a precursor of lithium niobate on the surface of LiNi1/3Mn1/3CO1/3O2 [Uchiyama 0078-0080])
a second step of drying the coated active material particle obtained in the first step at a temperature of 200° C. for 5 hours [Uchiyama 0085], wherein the heating temperature falls within the claimed temperature range of “200 °C to 250 °C”.
Uchiyama further recognizes that removing impurities such as hydrated water in an active material improves lithium ion conductivity [Uchiyama 0018,0066], however, Uchiyama does not particularly disclose the atmosphere in which the second step of drying is performed [Uchiyama 0081].
Thus, Uchiyama does not disclose “wherein the second step of drying is performed in a vacuum condition” as claimed.
In this regard, FANG is also directed to making a positive electrode active material (e.g., LiNi1/3Mn1/3CO1/3O2 [FANG 0048]) coated with a lithium ion conducting oxide (i.e., surface coating with metal oxide Li2O-2B2O3 [FANG 0048-0049]), wherein the coated positive electrode active material is vacuum dried at 120℃ for 6 hours to remove moisture [Fang 0048]. Thus, it would have been obvious for a person having ordinary skill in the art to have performed the second step of drying in a vacuum condition, with a reasonable expectation to remove moisture and provide a uniform coating on the surface of the positive electrode active material [FANG 0049].
Uchiyama further discloses:
wherein in the first step, a precursor is obtained by drying a peroxo complex aqueous solution that contains element constituting the lithium ion conducting oxide (i.e., a precursor solution comprising peroxo complex of niobium and lithium [Uchiyama 0079]) on the surface of the active material particle, and the coated active material particle is formed by calcining the precursor [Uchiyama 0080].
Regarding claim 3, Uchiyama discloses a method for producing a cathode, the method comprising: a step of obtaining a cathode mixture by mixing the composite active material particle produced in the method according to claim 1 [Uchiyama 0082], with a sulfide solid electrolyte (Li3PS4 [Uchiyama 0082]), and a step of shaping the cathode mixture [Uchiyama 0082].
Regarding claim 4, Uchiyama discloses a method for producing an all-solid-state lithium ion battery, the method comprising: a step of layering the cathode produced by the method according to claim 3 [Uchiyama 0084], a solid electrolyte layer [Uchiyama 0084], and an anode [Uchiyama 0083, 0084].
Regarding claim 5, Uchiyama discloses a method for producing a composite active material particle, the method comprising:
a first step of coating at least part of a surface of an active material particle with a lithium ion conducting oxide [Uchiyama 0080, 0085], and drying and calcining the resultant particle (i.e., spray drying [Uchiyama 0080]), to form a coated active material particle; and
a second step of drying the resultant coated active material particle obtained in the first step at a temperature of 200°C for 5 hours [Uchiyama 0085], which meets the claimed range of “200°C to 250°C for at least 1 hour”
However, Uchiyama does not disclose wherein the second step is performed in a vacuum condition.
In this regard, FANG is also directed to making a positive electrode active material (e.g., LiNi1/3Mn1/3CO1/3O2 [FANG 0048]) coated with a lithium ion conducting oxide (i.e., surface coating with a lithium conducting oxide; Li2O-2B2O3 [FANG 0048-0049]), wherein the coated positive electrode active material is vacuum dried at 120℃ for 6 hours to remove moisture [0048]. Thus, it would have been obvious for a person having ordinary skill in the art to have performed the second step of drying in a vacuum condition, with a reasonable expectation to remove moisture and provide a uniform coating on the surface of the positive electrode active material [FANG 0049].
Uchiyama further discloses:
wherein the lithium ion conducting oxide is lithium niobate [Uchiyama 0085], and
the composite active material particle obtained in the second step is used for a cathode of an all-solid-state lithium ion battery provided with a sulfide solid electrolyte [Uchiyama 0085, 0082].
Regarding claim 6, Uchiyama discloses a method for producing a cathode, the method comprising: a step of obtaining a cathode mixture by mixing the composite active material particle produced in the method according to claim 5 with a sulfide solid electrolyte [Uchiyama 0085, 0082], and a step of shaping the cathode mixture (i.e., “shaping” interpreted as forming a slurry layer [Uchiyama 0082]).
Regarding claim 7, Uchiyama discloses method for producing an all-solid-state lithium ion battery, the method comprising: a step of layering the cathode produced by the method according to claim 6 [Uchiyama 0085, 0084], a solid electrolyte layer [Uchiyama 0085, 0084], and an anode [Uchiyama 0085, 0083].
Conclusion
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 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.
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/T.S./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751