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 .
Status of Claims
The Applicant’s amendment and arguments, filed 10/30/2025, has been entered. Claims 1-3, and 10 are amended; claims 4-9 and 11-20 stand as originally or previously presented; and claim 21 is cancelled. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 08/01/2025 has been withdrawn. Amended and new grounds of rejections under 35 U.S.C. 103 citing to the originally cited art and newly found art are set forth below as necessitated by the claim amendments.
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.
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) 1-14 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Senga et al. (US 20190074544 A1, hereinafter Senga), in view of Jang et al. (US 20160372785 A1, hereinafter Jang).
Regarding Claim 1, Senga discloses the limitations regarding a method for preparing (Senga, preparation of solid electrolyte, [0094]) Li6PS5X, wherein X is halogen (Senga, Li6PS5X (X = Cl, Br, I), [0059]), and preparation of a solution S1,
wherein the solution S1 is obtained from the following steps:
obtaining a precursor solution by admixing a precursor of the Li species and a precursor of the X species in the solvent (Senga, Li2S, LiCl, and P2S5 were weighed and introduced into a 500 mL container under a nitrogen gas atmosphere, and dehydrated pyridine was added to the container under ice-cooling while under agitation, [0094].
Senga is silent regarding a temperature T1 comprised from -200°C to -10°C.
Jang discloses a method for preparing a solid electrolyte (Jang, a method for manufacturing a lithium ion conductive sulfide compound, [0018]), comprising at least one step for the preparation of a solution S1 at a temperature T1 (Jang, preparing a mixture of a sulfide-based raw material (P2S5) and lithium sulfide (Li2S); first milling, in which the mixture is milled at a first milling temperature (T1), [0018, 0025]) comprised from -200 °C to -10°C; and
adding the precursor of the P species into said precursor solution at a temperature from -200 °C to -10 °C: in order to obtain the solution S1 (Jang, the T1 may be of about -300 °C to about -1 °C, and the T1 temperature condition may be established by using dry ice, [0021]; the disclosed temperature range of about -300 °C to about -1 °C overlaps the claimed range of -200 °C to -10 °C).
Jang teaches that the first milling step may be conducted at a first milling temperature (T1), wherein The T1 may range from about −300 °C to about −1 °C in order to sufficiently increase brittleness of the mixture as well as secure economical efficiency of the manufacturing method (Jang, [0057]). Jang further teaches that because the mixture is ground in the state of high brittleness, it may be homogeneously mixed and atomized, which may form unique ion distribution and crystal structure, (Jang, [0056]).
Jang and Senga are analogous to the current invention as they are directed towards a method for preparing a lithium ion conductive sulfide compound.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use dry ice in the “ice-cooling” step of the preparation of solid electrolyte method of Senga to have a temperature range of about -300 °C to about -1 °C, as taught by Jang, in order to increase brittleness of the mixture as well as secure economical efficiency of the manufacturing method, which allows for the mixture to be homogeneously mixed and atomized, resulting in a formation of unique ion distribution and crystal structure. In addition, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
While modified Senga does not explicitly disclose the solution S1 comprising a solvent and at least P species in the form of (PS4)3-, Li species in the form of Li+, X species in the form of X- and remaining sulfur in the form of polysulfide, followed by a step for removing at least a portion of the solvent from the solution S1 to obtain Li6PS5X, modified Senga does discloses that Li2S, LiCl, and P2S5 were weighed and introduced into a 500 mL container under a nitrogen gas atmosphere, and dehydrated pyridine was added to the container under ice-cooling while under agitation, then the mixture was heat to 80 °C (Senga, [0094]) (Jang, the T1 may be of about -300 °C to about -1 °C, and the T1 temperature condition may be established by using dry ice, [0021]; the disclosed temperature range of about -300 °C to about -1 °C overlaps the claimed range of -200 °C to -10 °C). Modified Senga further discloses that the solvent may be any polar solvent that can dissolve the raw materials, such as pyridine or ethanol (Senga, [0047]).
As shown in Example 1 of Instant Specification Pages 10-11, LiCl, Li2S, and P2S5 were reacted with ethanol under an inert atmosphere to produce the solid electrolyte. Thus, because the raw material and method of modified Senga are substantially similar to the raw materials and method of the Instant Specification, one of ordinary skill in the art would recognize that the method of producing a solid electrolyte of Senga have the claimed “solution S1 comprising a solvent and at least P species in the form of (PS4)3-, Li species in the form of Li+, X species in the form of X- and remaining sulfur in the form of polysulfide, followed by a step for removing at least a portion of the solvent from the solution S1 to obtain Li6PS5X.”
Regarding Claim 2, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the solution S1 is obtained by admixing lithium sulfide, phosphorus sulfide, and a halogen compound in the solvent, at a temperature from 200 °C to -10°C (Senga, Li2S, LiCl, and P2S5 were weighed and introduced into a 500 mL container under a nitrogen gas atmosphere, and dehydrated pyridine was added to the container under ice-cooling while under agitation, then the mixture was heat to 80 °C, [0094]) (Jang, the T1 may be of about -300 °C to about -1 °C, and the T1 temperature condition may be established by using dry ice, [0021]; the disclosed temperature range of about -300 °C to about -1 °C overlaps the claimed range of -200 °C to -10 °C).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 3, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the precursor of the Li species is lithium sulfide, the precursor of the X species is a halogen, and the precursor of the P species is phosphorus sulfide (Senga, Li2S, LiCl, and P2S5 were weighed and introduced into a 500 mL container under a nitrogen gas atmosphere, and 120 mL of dehydrated pyridine was added to the container under ice-cooling while under agitation, then the mixture was heat to 80 °C, [0094]).
Regarding Claim 4, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the step for removing at least a portion of the solvent from Si is carried out at a temperature from 30 °C to 200 °C (Senga, the mixture was heated to 80 °C, [0094]; the disclosed temperature of 80 °C falls within the claimed range of 30 °C to 200 °C).
Regarding Claim 5, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the preparation of the solution S1 occurs in an inert atmosphere, under vacuum or under H2S flow (Senga, nitrogen gas atmosphere, and nitrogen is inert, [0051, 0094]).
Regarding Claim 6, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein Li6PS5X is then thermally treated at a temperature from 150 °C to 700 °C (Senga, solid electrolyte is subjected to a heat treatment for 8 hours at 430 °C under a hydrogen sulfide flow, [0088, 0096]; the disclosed heat treatment temperature of 430 °C falls within the claimed range of 150 °C to 700 °C).
Regarding Claim 7, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the solvent is able to dissolve Li6PS5X, lithium sulfide, phosphorus sulfide and a halogen compound (Senga, a polar solvent can be mentioned as a solvent in which the solid electrolyte raw material is dissolved, [0047]).
Regarding Claim 8, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the solvent is an aliphatic alcohol (Senga, specific examples of the solvent include alcohols such as ethanol, [0047]).
Regarding Claim 9, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the solvent is selected from the group consisting of ethanol, (Senga, specific examples of the solvent include alcohols such as ethanol, [0047]).
Regarding Claim 10, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the temperature T1 is comprised from -110 °C to -10 °C (Senga, ice-cooling, [0094]) (Jang, the T1 may be of about -300 °C to about -1 °C, and the T1 temperature condition may be established by using dry ice, [0021]; the disclosed temperature range of about -300 °C to about -1 °C overlaps the claimed range of -200 °C to -10 °C).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 11, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the halogen compound is selected from the group consisting of LiCl, LiBr, LiI, and LiF (Senga, solid electrolyte raw material compounds represented by the general formula M-X, wherein M is preferably Li and X is a halogen selected from F, Cl, Br, and I, [0027-0029]).
Regarding Claim 12, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]). While Senga does not explicitly disclose the solution S1 comprises at least 50% mol. of Li species in the form of Li+, with respect to the total amount in moles of lithium sulfide added in the solvent, Senga does discloses that Li2S, LiCl, and P2S5 were weighed and introduced into a 500 mL container under a nitrogen gas atmosphere, and dehydrated pyridine was added to the container under ice-cooling while under agitation, then the mixture was heat to 80 °C (Senga, [0094]). Senga further discloses that the solvent may be any polar solvent that can dissolve the raw materials, such as pyridine or ethanol (Senga, [0047]).
As shown in Example 1 of Instant Specification Pages 10-11, LiCl, Li2S, and P2S5 were reacted with ethanol under an inert atmosphere to produce the solid electrolyte. Thus, because the raw material and method of Senga are substantially similar to the raw materials and method of the Instant Specification, one of ordinary skill in the art would recognize that the method of producing a solid electrolyte of Senga have the claimed “the solution S1 comprises at least 50% mol. of Li species in the form of Li+, with respect to the total amount in moles of lithium sulfide added in the solvent.”
Regarding Claim 13, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]).
While modified Senga does not explicitly disclose the solution Si comprises at least 50% mol. of P species in the form of (PS4)3-, with respect to the total amount in moles of phosphorus sulfide added in the solvent, modified Senga does discloses that Li2S, LiCl, and P2S5 were weighed and introduced into a 500 mL container under a nitrogen gas atmosphere, and dehydrated pyridine was added to the container under ice-cooling while under agitation, then the mixture was heat to 80 °C (Senga, [0094]). Senga further discloses that the solvent may be any polar solvent that can dissolve the raw materials, such as pyridine or ethanol (Senga, [0047]).
As shown in Example 1 of Instant Specification Pages 10-11, LiCl, Li2S, and P2S5 were reacted with ethanol under an inert atmosphere to produce the solid electrolyte. Thus, because the raw material and method of Senga are substantially similar to the raw materials and method of the Instant Specification, one of ordinary skill in the art would recognize that the method of producing a solid electrolyte of modified Senga have the claimed “the solution Si comprises at least 50% mol. of P species in the form of (PS4)3-, with respect to the total amount in moles of phosphorus sulfide added in the solvent.”
Regarding Claim 14, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]).
While modified Senga does not explicitly disclose the solution S1 comprises at least 50% mol. of X species in the form of X-, with respect to the total amount in moles of halogen compound added in the solvent, Senga does discloses that Li2S, LiCl, and P2S5 were weighed and introduced into a 500 mL container under a nitrogen gas atmosphere, and dehydrated pyridine was added to the container under ice-cooling while under agitation, then the mixture was heat to 80 °C (Senga, [0094]). Senga further discloses that the solvent may be any polar solvent that can dissolve the raw materials, such as pyridine or ethanol (Senga, [0047]).
As shown in Example 1 of Instant Specification Pages 10-11, LiCl, Li2S, and P2S5 were reacted with ethanol under an inert atmosphere to produce the solid electrolyte. Thus, because the raw material and method of Senga are substantially similar to the raw materials and method of the Instant Specification, one of ordinary skill in the art would recognize that the method of producing a solid electrolyte of Senga have the claimed “the solution Si comprises at least 50% mol. of X species in the form of X-, with respect to the total amount in moles of halogen compound added in the solvent.”
Regarding Claim 16, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a Li6PS5X, wherein X is halogen (Senga, compositional formulae include Li6PS5X, X = Cl, Br, I, [0059]).
Regarding Claim 17, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method further comprising using the obtained Li6PS5X (Senga, compositional formulae include Li6PS5X, X = Cl, Br, I, [0059]), as a solid electrolyte (Senga, using the solid electrolyte as a battery material, [0061]).
Regarding Claim 18, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a solid electrolyte comprising the Li6PS5X (Senga, compositional formulae include Li6PS5X, X = Cl, Br, I, [0059]).
Regarding Claim 19, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding an electrochemical device comprising the Li6PS5X (Senga, using the solid electrolyte as a battery material, [0061]).
Regarding Claim 20, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a solid state battery comprising the solid electrolyte (Senga, using the solid electrolyte as a battery material, [0061]; the Examiner notes that solid state batteries have a solid electrolyte).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Senga et al. (US 20190074544 A1, hereinafter Senga), in view of Jang et al. (US 20160372785 A1, hereinafter Jang), as applied to Claim 1 above, and in view of Kwon et al. (US 20190115615 A1).
Regarding Claim 15, modified Senga discloses all of the claim limitations as set forth above. Modified Senga discloses the limitations regarding a method (Senga, preparation of solid electrolyte, [0094]), wherein the temperature T1is comprised from -100°C to -50°C (Senga, ice-cooling, [0094]) (Jang, the T1 may be of about -300 °C to about -1 °C, and the T1 temperature condition may be established by using dry ice, [0021]; the disclosed temperature range of about -300 °C to about -1 °C overlaps the claimed range of -100 °C to -50 °C).
Modified Senga does disclose that the solvent needs to be evaporated (Senga, [0018]), but modified Senga is silent regarding the step for removing at least a portion of the solvent from the solution S1 is carried out at a temperature comprised from 35 °C to 65°C.
Kwon discloses a solid electrolyte comprising of Li2S, P2S5, and LiCl admixed with a polar solvent, such as methanol or ethanol (Kwon, [0010]) to form Li6PS5Cl (Kwon, [0014]), which is suitably dried at a temperature of about 60 to 80 °C for about 12 to 24 hours (Kwon, [0049-0050]; the disclosed range of 60 to 80 °C overlaps with the claimed range of 35 °C to 65 °C).
Kwon teaches that when the admixture is dried at this range, the solvent is sufficiently removed (Kwon, [0050]).
Modified Senga and Kwon are analogous to the current invention as they are all directed towards a Li6PS5Cl solid electrolyte. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the solid electrolyte mixture of modified Senga to be dried at a temperature of about 60 to 80 °C, as taught by Kwon, in order to sufficiently remove the solvent from the mixture. In addition, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Response to Arguments
Applicant’s arguments, see Pages 6-9, filed 10/30/2025, with respect to the rejection(s) of claim(s) 1-14 and 16-20 under 35 U.S.C. 103 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 Senga et al. (US 20190074544 A1, hereinafter Senga), in view of Jang et al. (US 20160372785 A1, hereinafter Jang), as noted above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
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/K.N./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752