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 .
Remarks
Claims 1-4, 6-9 and 10-11 are currently amended. Claim 5 has been canceled. Claims 8 and 12-13 are as previously presented. Claim 14 is newly added. Claims 1-4, 6-14 are currently examined.
Status of Objections and Rejections
The rejection as set for within the previous office action has been modified as necessitated by the applicants amendments.
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Miki (US 2019/0372103), and further in view of Koh (US 2011/0318638).
As to claim 13, Miki discloses a solid-state secondary battery ([0082]-[0083], all solid state battery, discussed throughout Miki) comprising: a solid-state electrolyte layer for a solid-state secondary battery ([0082]-[0083], solid electrolyte layer, discussed throughout Miki), comprising a binder ([0068]-[0089], discussed throughout Miki) for a solid-state secondary battery ([0082]-[0083], all solid state battery, discussed throughout Miki) wherein the binder ([0068]-[0089], discussed throughout Miki).
Miki is silent to wherein the binder is a fluorine-containing polymer comprising a vinylidene fluoride unit and a fluorinated monomer unit excluding the vinylidene fluoride unit.
Koh discloses a binder ([0033], discussed throughout) for use within a lithium ion battery ([0033], discussed throughout) wherein the binder is a fluorine-containing polymer comprising a vinylidene fluoride unit and a fluorinated monomer unit excluding the vinylidene fluoride unit ([0041]-[0043]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the binder from Koh within the components (i.e. electrode and solid electrolyte) of Miki either together or in place of the binder because the binder of Koh is unexpectedly stable with lithium complex oxides, provides excellent flexibility, does not peel and battery characteristics can be improved ([0018], Koh).
Claims 1-4, 6-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Miki (US 2019/0372103), and further in view of Koh (US 2011/0318638) and further in view of Houjyou (US 2019/0074543).
As to claim 1, Miki discloses a binder ([0089] and discussed throughout) for a solid-state secondary battery ([0082]-[0083], discussed throughout) using an oxide-based solid-state electrolyte ([0061]-[0066], discussed throughout), and a binder ([0089], discussed throughout), wherein the oxide-based solid electrolyte comprises at least one selected from La, Zr, Si, Sr, Mg, C, V, Nb, Ti, Ge, In, Sn, Ga, Sb, Ba, W, Bi and Mo ([0061]-[0063]. Discussed throughout) wherein the binder ([0068], [0089] and discussed throughout).
Miki is silent to wherein the binder is a fluorine-containing polymer comprising a vinylidene fluoride unit and a fluorinated monomer unit excluding the vinylidene fluoride unit.
Koh discloses a binder ([0033], discussed throughout) for use within a lithium ion battery ([0033], discussed throughout) wherein the binder is a fluorine-containing polymer comprising a vinylidene fluoride unit and a fluorinated monomer unit excluding the vinylidene fluoride unit ([0041]-[0043]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the binder from Koh within the components (i.e. electrode and solid electrolyte) of Miki either together or in place of the binder because the binder of Koh is unexpectedly stable with lithium complex oxides, provides excellent flexibility, does not peel and battery characteristics can be improved ([0018], Koh), it would also have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the binder from Koh within Miki as a mere combing prior art elements according to known methods to obtain predictable results i.e. binders within batteries (see MPEP 2143 I).
The preamble states “a slurry for a solid state-state secondary battery, the slurry comprising:” Therefore, the slurry is an intermediate product as it is claimed for a solid state battery. Also, the slurry is within the preamble. Miki is silent to a slurry for a solid state secondary battery. This is because Miki does not go into the method of making the solid electrolyte layer or electrodes. Houjyou discloses a slurry for solid electrolyte layer to produce a solid electrolyte layer for an all solid state battery ([0015], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the method from Houjyou within modified Miki as a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
As to claim 2, modified Miki discloses wherein, the fluorine-containing polymer comprises 50.0 to 90.0% by mole of a polymerization unit based on vinylidene fluoride with respect to the total amount of polymerization units ([0041]-[0043] and [0049], Koh). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 3, modified Miki discloses wherein, the fluorine-containing polymer has a number average molecular weight of 50,000 to 2,000,000 ([0041]-[0043], Koh). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 4, modified Miki discloses further comprising polyvinylidene fluoride ([0089], [0068] and discussed throughout; Miki; [0041]-[0043] and [0049], Koh).
As to claim 6, modified Miki discloses wherein, the oxide-based solid-state electrolyte comprises lanthanum ([0063], and discussed throughout, Miki).
As to claim 7, modified Miki discloses wherein, the oxide-based solid-state electrolyte is a garnet type ion-conducting oxide ([0063], and discussed throughout, Miki).
As to claim 8, modified Miki discloses a method for forming a layer for a solid-state secondary battery ([0015], discussed throughout, Houjyou), the method comprising applying a slurry to a substrate ([0040], discussed throughout, Houjyou) and drying the slurry by heating ([0048], discussed throughout, Houjyou), wherein the slurry is the slurry for a solid-state secondary battery according to claim 1 (see modifications above).
As to claim 9, modified Miki is silent to wherein, the drying by heating is performed at a temperature equal to or lower than a decomposition temperature of the binder. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the heating occur at a temperature equal to or lower than a decomposition temperature of the binder give a finite number of options i.e. at the temperature, lower than the temperature or higher than the temperature (see MPEP 2143 I). Additionally, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the heating occur at a temperature equal to or lower than a decomposition temperature of the binder as a lower temperature would cost less to maintain then a higher temperature.
As to claim 10, modified Miki discloses an electrode ([0082]-[0083], cathode, discussed throughout Miki) for a solid-state secondary battery ([0082]-[0083], all solid state battery, discussed throughout Miki), comprising an active material layer ([0082]-[0083], cathode layer, discussed throughout Miki) obtained by applying the slurry for a solid-state secondary battery according to claim 1 ([0048], discussed throughout Miki, also see modification above); on a substrate and then drying the slurry ([0115], [0126], [0143], discussed throughout, Houjyou); wherein the slurry further comprises an active material ([0048]-[0049], discussed throughout Miki).
As to claim 11, modified Miki discloses a solid-state electrolyte layer ([0082]-[0083], solid electrolyte layer, discussed throughout Miki) for a solid-state secondary battery ([0082]-[0083], all solid state battery, discussed throughout Miki), obtained by applying the slurry for a solid-state secondary battery according to claim 1 ([0068]-[0089], discussed throughout Miki and Houjyou, see modifications above) on a substrate and then drying ([0040]-[0048], discussed throughout, Houjyou).
As to claim 12, modified Miki discloses a solid-state secondary battery ([0082]-[0083], all solid state battery, discussed throughout Miki) comprising: the electrode for a solid-state secondary battery according to claim 10 ([0082]-[0083], cathode, discussed throughout Miki, see modifications above); and a solid-state electrolyte layer ([0082]-[0083], solid electrolyte, discussed throughout Miki) for a solid-state secondary battery ([0082]-[0083], all solid state battery, discussed throughout Miki), comprising a binder ([0068]-[0089], discussed throughout Miki) for a solid-state secondary battery ([0082]-[0083], all solid state battery, discussed throughout Miki) wherein the binder is a fluorine-containing polymer comprising a vinylidene fluoride unit and a fluorinated monomer unit excluding the vinylidene fluoride unit ([0041]-[0043], Koh).
As to claim 14, modified Miki discloses wherein, the oxide-based solid state electrolyte is selected from the group consisting of: (2) LixbLaybZrzbMbbmbOnb wherein Mbb represents one or more elements selected from the group consisting of Al, Mg, Ca, Sr, V, Nb, Ta, Ti, Ge, In, and Sn, xb satisfies 5≤xb≤10, yb satisfies 1≤yb≤4, zb satisfies 1≤zb≤4, mb satisfies 0≤mb≤2, and nb satisfies 5≤nb≤20 ([0063], Miki disclosed throughout).
Claim 16 are rejected under 35 U.S.C. 103 as being unpatentable over modified Miki as applied to claim 4 above, and further in view of Hellring (US 2015/0280239).
As to claim 16, modified Miki is silent to wherein the polyvinylidene fluoride has a number average molecular weight of 120,000 to 295,000. Hellring discloses a binder for a lithium ion battery wherein the binder is polyvinylidene fluoride ([0010]-[0013]) and the polyvinylidene fluoride has a number average molecular weight of 120,000 to 295,000 ([0037]). It would have been obvious to one of ordainry skill in the art at the time of the effective filling date of the invention to use the molecular weight of the polyvinylidene fluoride from Hellsing within modified Miki as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over modified Miki as applied to claim 14 above, and further in view of Liu (US 2019/0237800) or Park (US 2021/0143385).
As to claim 17, modified Miki is silent to wherein in formula (2) Mbb requires two or more of the elements. This is because modified Miki only discloses Al. However, Liu a solid state battery ([0004]) wherein lithium lanthanum zirconium oxide can have two dopants i.e. Al and Ta ([0018] and [0019]). Park discloses a battery ([0006]) wherein lithium lanthanum zirconium oxide having a Ta and an Al dopant are equivalent ([0018]). It would have been obvious to one of ordainry skill within the art at the time of the effective filling date of the invention to have Mbb requires two or more of the elements as a mere combing prior art elements according to known methods to obtain predictable results or a mere simple substitution of one known element for another to obtain predictable results as seen within Liu or Park (see MPEP 2143 I).
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 4/6/2026 have been fully considered but they are not persuasive.
The applicant argues the motivation of the addition of the binder from Koh within Miki on that different oxide are being used within the batteries, which is argument [1]. The examiner does not find this persuasive. Miki discloses that the binders are not particular limited ([0068], [0089]). Additionally, Koh states lithium oxides and does not limit the binder. Next, there are other positives for the use of the binder as discussed above and the binder is a known binder within the art of batteries. And the binder would have a reasonable expectation of success. Therefore the examiner maintains the rejection.
Within argument [2] the applicant states that the issue within Koh would not be within Miki. The examiner respectfully disagrees. First the problem is based on the binder and the active material which is a lithium oxide. These are the same materials used within Miki. Lastly, the binder also adds other effects as cited above and throughout the prior art and is known binder within the art. Therefore the examiner maintains the rejection.
Within argument [3] the applicant also states that Houjyou is binder free and that Houjyou uses LiO which will cause an issue. The examiner respectfully disagrees Houjyou discusses reducing the amount of binder and LiO is an option and Houjyou does not discuss a gelation issue. Also, this does not change the fact that this is a known method of producing electrodes and electrolyte layers and Houjyou is being cited for the method of making the electrode through the use of a slurry. Thus, the examiner maintains the rejection.
Within the proceeding agreements [4] the applicant argues the problem that the instant specification is solving and criticality and unexpected results. While the examiner does not contest the instant specification, to be awarded criticality and unexpected results the results have to be commensurate in scope with the instant claimed invention along with other criteria as discussed within MPEP 716.02 which the applicant fails to meet. Thus the examiner would direct the applicant to MPEP 716.02 for the criteria to be awarded criticality and unexpected results.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In regards to the newly added claims see the newly added rejections above.
Thus, the examiner maintains the rejections above.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached on 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724