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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/23/2025 has been entered.
Response to Remarks
The remarks filed on 12/23/2025 have been fully considered and were not found persuasive over the previous prior art rejection of record for the reasons set forth below. See claims 21, 23-27, 29-36, 38-40 and 43-46 rejections below.
Applicant argues “Paragraph [0025] of Takahashi distinguishes between composite oxide (A) and composite oxide (B) as alternative particle systems, and therefore fails to teach a system where primary particles, secondary particles, and single particles coexist, as recited in claim 21” (see e.g. pages 9-10 of applicant’s remarks).
Examiner respectfully disagrees. Takahashi discloses composite oxide (A) as substantially single particles or secondary particles and composite oxide (B) as secondary particles composed of small primary particles (see e.g. paragraph [0025] of Takahashi). A mixture of (A) and (B) inherently provides primary, secondary, and single particles as required by claim 21. The argument that the prior art does not teach coexistence ignores that it would have been routine for a person of ordinary skill in the art to combine these teachings in the same field of endeavor. For the above reason, applicant’s argument is not persuasive.
Applicant argues “Composite oxide (A) does not meet the claimed primary particle size limitation because its primary particles have an average diameter of 1.4 µm, whereas claim 21 requires primary particles having a diameter of less than 0.5 µm” (see e.g. page 10 of applicant’s remarks).
Examiner respectfully disagrees. Takahashi’s composite oxide (B) discloses primary particles of 0.3 µm or smaller (see e.g. paragraph [0025] of Takahashi), which satisfy the claimed <0.5 µm limitation. Moreover, the claimed primary particle limitation does not distinguish the claimed material from the prior art because it would have been routine for a person of ordinary skill to consider the smaller primary particles of composite oxide (B) when forming a mixture with composite oxide (A). For the above reason, applicant’s argument is not persuasive.
Applicant argues “The mixture of composite oxides (A) and (B) fails to teach the claimed 20% or more of single particles as measured by SEM and calculated by N1/(N1+N2)” (see e.g. page 11 of applicant’s remarks).
Examiner respectfully disagrees. Takahashi discloses approximately 95% of the particles in composite oxide (A) are single particles (see e.g. paragraph [0063] of Takahashi), which satisfies the claimed ≥20% requirement. Furthermore, SEM-based counting and the N1/(N1+N2) calculation are conventional methods of measuring particle distributions and do not impart patentability. For the above reason, applicant’s argument is not persuasive.
In conclusion, the arguments were not found persuasive over the previous 35 U.S.C. 103 rejection of record. Claims 21, 23-27, 29-36, 38-40 and 43-44 remain rejected. Newly added claims 45-46 are also rejected. See claim rejections below.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Summary
This is a continued examination non-final office action for application 17/792,351 in response to the amendments filed on 12/23/2025. Claims 21, 23-27, 29-40 and 43-46 are under examination. Claim 37 is still withdrawn from consideration.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application Nos. JP2020-006335 filed on 01/17/2020 and PCT/JP2021/001296 filed on 01/15/2021.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 07/12/2022 and 07/18/2024 are being considered by the examiner.
Claim Rejections - 35 USC § 103
Claims 21, 23-27, 29-33, 35-36, 38-40, and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki et al. (US-20180083269-A1) and further in view of Takahashi et al. (US-20220285678-A1).
Regarding Claim 21, Iwasaki discloses a positive electrode active material for an all-solid-state lithium-ion battery (see e.g. "positive electrode active material" in paragraph [0023] and part number 5b in FIG. 4) composed of particles containing crystals of a lithium metal composite oxide (see e.g. "Examples of the active material useful as a positive electrode active material include... a lithium manganese nickel composite oxide having a spinel crystal structure" in paragraph [0060] and "LiNi0.5Co0.2Mn0.3O2" in Example 17 of Table 1),
wherein the positive electrode active material for an all-solid-state lithium-ion battery is in contact with a solid electrolyte layer (see e.g. "the insulator particles may include solid electrolyte particles" in paragraph [0071] and FIG.1; Iwasaki discloses that the insulator particles are solid electrolyte particles and FIG. 1 shows that the insulator particles (solid electrolyte particles) are in direct contact with the positive electrode active material),
wherein the lithium metal composite oxide has a layered structure and contains at least Li and a transition metal (see e.g. "LiNi0.5Co0.2Mn0.3O2" in Example 17 of Table 1; LiNi0.5Co0.2Mn0.3O2 is a layered oxide material), and the positive electrode active material for an all-solid-state lithium-ion battery satisfies all the following: 4.5 ≤ (D90/D10) (see e.g. Example 17 in Table 1; D90 is 10 µm and D10 is 2 µm, D90/D10 = 5), 3.0 µm ≤ D50 ≤ 15.0 µm (see e.g. Example 17 in Table 1; D50 is 4 µm), Dmax ≤ 40.0 µm (see e.g. Example 17 in Table 1; Range of particle size is 1 - 20 µm).
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Iwasaki does not disclose that the particles are composed of primary particles, secondary particles which are aggregates of the primary particles, and single particles that exist independently of the primary particles and the secondary particles, wherein the primary particles are particles having no grain boundaries, and having a particle diameter of less than 0.5 µm, wherein the secondary particles are particles having grain boundaries in the appearance, wherein the single particles are particles having no grain boundaries in the appearance, and having a particle diameter of 0.5 µm or more, wherein an amount of the single particles in the particles is 20% or more.
Takahashi, however, in the same field of endeavor, positive electrode active materials for nonaqueous electrolyte secondary batteries, discloses a lithium metal composite oxide (see e.g. "lithium-transition metal composite oxide" in paragraph [0005] of Takahashi) wherein the particles are composed of primary particles (see e.g. " primary particles" in paragraph [0025] of Takahashi), secondary particles which are aggregates of the primary particles (see e.g. "secondary particle formed by aggregation of primary particles" in paragraph [0025] of Takahashi), and single particles that exist independently of the primary particles and the secondary particles (see e.g. "single particles" in paragraph [0025] of Takahashi), wherein the primary particles are particles having no grain boundaries (see e.g. "particles in which no particle boundary of the primary particles is observed by using a scanning electron microscope (SEM) " in paragraph [0025] of Takahashi), and having a particle diameter of less than 0.3 µm (see e.g. "primary particles having a small average particle diameter of, for example, 0.3 μm or smaller." in paragraph [0025] of Takahashi), wherein the secondary particles are particles having grain boundaries in the appearance (see e.g. "is a secondary particle, a particle boundary of the primary particles is observed on the particle cross section observed with a SEM." in paragraph [0026] of Takahashi), wherein the single particles are particles having no grain boundaries in the appearance (see e.g. "single particles means particles in which no particle boundary of the primary particles is observed by using a scanning electron microscope (SEM)" in paragraph [0025] of Takahashi), and having a particle diameter of 0.5 µm or more (see e.g. "average particle diameter of 0.5 μm or larger or being composed of substantially single particles." in paragraph [0025]), wherein an amount of the single particles in the particles is 95% or more (see e.g. "approximately 95% or more of all the particles had a single particle structure" in paragraph [0063] of Takahashi). Takahashi teaches primary particles ≤0.3 µm, single particles ≥0.5 µm, and secondary particles as aggregates, consistent with the claimed morphological definitions.
Takahashi discloses the same range or ranges that lie within the range claimed by the instant application. In the case where the prior art discloses the same range or a range that lies within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Takahashi further teaches that this combination of particles has led to both high energy density and excellent charge-discharge cycle characteristics of lithium secondary batteries with nonaqueous electrolytes (see e.g. paragraph [0010] of Takahashi). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the particles of Iwasaki et al. such that they are composed of primary particles, secondary particles which are aggregates of the primary particles, and single particles that exist independently of the primary particles and the secondary particles, wherein the primary particles are particles having no grain boundaries, and having a particle diameter of less than 0.5 µm, wherein the secondary particles are particles having grain boundaries in the appearance, wherein the single particles are particles having no grain boundaries in the appearance, and having a particle diameter of 0.5 µm or more, wherein an amount of the single particles in the particles is 20% or more as taught by Takahashi et al. in order to have a combination of particles that has led to both high energy density and excellent charge-discharge cycle characteristics of lithium secondary batteries with nonaqueous electrolytes as taught by Takahashi.
Iwasaki in view of Takahashi discloses a positive electrode active material having primary, secondary, and single particles, and particle sizes falling within the ranges of D10, D50, D90, and Dmax as claimed. The claimed methods of measurement: (1) determining particle diameters from a volume-based cumulative particle size distribution curve using laser diffraction, (2) observing particle morphology under SEM at 20,000× magnification, and (3) calculating the number percentage of single particles as N1/(N1+N2) merely provide a particular way of quantifying features that are already present in the prior art. It would have been routine for a person of ordinary skill in the art to measure particle sizes or count particle types using standard techniques to verify particle morphology and proportions. The measurement methods do not impart any novel structural or functional feature beyond the particle composition and morphology disclosed in the prior art. Therefore, the prior art inherently or explicitly meets the claimed limitations regardless of the specific measurement techniques recited.
Regarding Claim 23, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-sate lithium-ion battery according to claim 21 (see claim 21 rejection above).
Iwasaki further discloses that the positive electrode active material satisfies the following 4.5 ≤ (D90/D10) ≤ 14.0 (see e.g. Example 17 in Table 1; D90 is 10 µm and D10 is 2 µm, D90/D10 = 5).
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 24, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-state lithium-ion battery according to claim 21 (see claim 21 rejection above).
Iwasaki further discloses that the positive electrode active material satisfies the following 8.0 ≤ Dmax/Dmin ≤ 40.0 µm in Formula (4), Dmin is the minimum particle diameter (µm) in the cumulative particle diameter distribution curve (see e.g. Example 17 in Table 1; Range of particle size is 1 - 20 µm, therefore Dmax = 20 µm and Dmin = 1 µm; Dmax/Dmin = 20).
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 25, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-sate lithium-ion battery according to claim 21 (see claim 21 rejection above).
Iwasaki further discloses that the transition metal is one element selected from the group consisting of Ni, Co, Mn, Fe and V (see e.g. "Examples of the active material useful as a positive electrode active material include... LisMnO2 (0 ≤ s ≤ 1)...LisNiO2 (0 ≤ s ≤ 1)... LisCoO2 (0 ≤ s ≤ 1)... LisFePO4 (0 ≤ s ≤ 1)... LisV2O5 (0 ≤ s ≤ 1)" in paragraph [0060]).
Regarding Claim 26, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-sate lithium-ion battery according to claim 25 (see claim 25 rejection above).
Iwasaki further discloses that the lithium metal composite oxide is represented by LiNi0.5Co0.2Mn0.3O2 (see e.g. " LiNi0.5Co0.2Mn0.3O2 " in Example 17 of Table 1). This directly corresponds with the claimed species of the instant application, which claims that the lithium metal composite oxide is Li[Lix(Ni1-y-z-w)CoyMnzMw)1-x]O2 (A) (where, M is at least one element selected from the group consisting of Fe, Cu, Ti, Mg, Al, W, B, Mo, Nb, Zn, Sn, Zr, Ga and V, and -0.10 ≤ x ≤ 0.30,0 ≤ y ≤ 0.40,0 ≤ z ≤ 0.40, 0 ≤ w ≤ 0.10, and 0 < y + z + w are satisfied). If x = 0, y = 0.2, z = 0.3 and w = 0 this simplifies to LiNi0.5Co0.2Mn0.3O2 which is the same species disclosed by the prior art.
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 27, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-sate lithium-ion battery according to claim 26 (see claim 26 rejection above).
Iwasaki further discloses that the lithium metal composite oxide is represented by LiNi0.5Co0.2Mn0.3O2 (see e.g. " LiNi0.5Co0.2Mn0.3O2 " in Example 17 of Table 1). This directly corresponds with the claimed species of the instant application, which claims that the lithium metal composite oxide is Li[Lix(Ni1-y-z-w)CoyMnzMw)1-x]O2 (A) (where, M is at least one element selected from the group consisting of Fe, Cu, Ti, Mg, Al, W, B, Mo, Nb, Zn, Sn, Zr, Ga and V, and -0.10 ≤ x ≤ 0.30,0 ≤ y ≤ 0.40,0 ≤ z ≤ 0.40, 0 ≤ w ≤ 0.10, and 0 < y + z + w are satisfied). If x = 0, y = 0.2, z = 0.3 and w = 0 this simplifies to LiNi0.5Co0.2Mn0.3O2 which is the same species disclosed by the prior art. In this case y ≤ 0.3 and 1 - y - z - w = 1 - 0.2 - 0.3 - 0 = 0.5.
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 29, Iwasaki in view of Takahashi discloses an electrode (see e.g. "The nonaqueous electrolyte battery includes a positive electrode" in paragraph [0018]) comprising the positive electrode active material (see e.g. "the positive electrode of this aspect may include a current collector, and a positive electrode active material-containing layer provided on one or both surfaces of the current collector " in paragraph [0152] part number 5 in FIG. 4) for an all- solid-state lithium-ion battery according to claim 21 (see claim 21 rejection above).
Regarding Claim 30, Iwasaki in view of Takahashi discloses the electrode according to claim 29 (see claim 29 rejection above).
Iwasaki further discloses that the electrode further comprises a solid electrolyte (see e.g. "the insulator particles may include solid electrolyte particles" in paragraph [0071] and FIG.1; FIG. 1 is schematic of an electrode including the current collector, the positive active material, and the insulator particles (solid electrolyte particles).
Regarding Claim 31, Iwasaki in view of Takahashi discloses an all-solid-state lithium-ion battery (see e.g. "a nonaqueous electrolyte battery" in paragraph [0018] and FIG. 3) comprising a positive electrode (see e.g. "positive electrode" in paragraph [0018]), a negative electrode (see e.g. "a negative electrode" in paragraph [0018]), and a solid electrolyte layer (see e.g. "nonaqueous electrolyte" in paragraph [0137]) and interposed between the positive electrode and the negative electrode (see e.g. "The solid electrolyte particles as an example of the insulator particles, which may be included in the electrode according to the first embodiment as positive electrode and/or negative electrode, may constitute at least a part of the nonaqueous electrolyte... The nonaqueous electrolyte may be hold by the electrode group." in paragraph [0137] and "a solid electrolyte layer may be provided between, for example, the positive electrode active material-containing layer and negative electrode active material-containing layer." in paragraph [0180] and FIGs. 1, 4 and 5),
wherein the solid electrolyte layer contains a first solid electrolyte (see e.g. " The nonaqueous electrolyte battery of the present example may further include a liquid nonaqueous electrolyte other than solid electrolyte particles as a nonaqueous electrolyte." in paragraph [0137]),
wherein the positive electrode has a positive electrode active material layer in contact with the solid electrolyte layer and a current collector on which the positive electrode active material layer is laminated (see e.g. part numbers 1a, 11, and 12 in FIG. 1), and
wherein the positive electrode active material layer contains the positive electrode active material (see e.g. part number 11 in FIG.1) for an all-solid-state lithium-ion battery according to claim 21 (see claim 21 rejection above).
Regarding Claim 32, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 31 (see claim 31 rejection above).
Iwasaki further discloses that the positive electrode active material layer contains the positive electrode active material for an all-solid-state lithium-ion battery (see e.g. part number 11 in FIG. 1) and a second solid electrolyte (see e.g. part number 12 in FIG.1 and "The solid electrolyte particles as an example of the insulator particles, which may be included in the electrode according to the first embodiment as positive electrode and/or negative electrode, may constitute at least a part of the nonaqueous electrolyte. The nonaqueous electrolyte battery of the present example may further include a liquid nonaqueous electrolyte other than solid electrolyte particles as a nonaqueous electrolyte." in paragraph [0137]).
Regarding Claim 33, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 32 (see claim 32 rejection above).
Iwasaki further discloses that the first solid electrolyte and the second solid electrolyte are the same substance (see e.g. "the insulator particles may include solid electrolyte particles." in paragraph [0071];the first solid electrolyte is the solid electrolyte particles and the second solid electrolyte is the insulator particles).
Regarding Claim 35, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 31 (see claim 31 rejection above).
Iwasaki further discloses that the first solid electrolyte is an oxide-based solid electrolyte (see e.g. "The inorganic solid particles having Li ion conductivity are preferably inorganic solid particles having a garnet structure... The inorganic solid particles having a garnet structure include... Li7La3Zr2O12" in paragraph [0073] and "Li7La3Zr2O12" Example 17 in Table 1; Li7La3Zr2O12 is an oxide-based solid electrolyte).
Regarding Claim 36, Iwasaki discloses a positive electrode that is in contact with a solid electrolyte layer (see e.g. "the insulator particles may include solid electrolyte particles" in paragraph [0071] and FIG.1; Iwasaki discloses that the insulator particles are solid electrolyte particles and FIG. 1 shows that the insulator particles (solid electrolyte particles) are in direct contact with the positive electrode), wherein the positive electrode has a positive electrode active material layer in contact with the solid electrolyte layer (see e.g. "the insulator particles may include solid electrolyte particles" in paragraph [0071] and FIG.1; Iwasaki discloses that the insulator particles are solid electrolyte particles and FIG. 1 shows that the insulator particles (solid electrolyte particles) are in direct contact with the positive electrode active material layer) and a current collector on which the positive electrode active material layer is laminated (see e.g. part number 1a in FIG. 1),
wherein the positive electrode active material layer contains a positive electrode active material composed of particles containing crystals of a lithium metal composite oxide (see e.g. "Examples of the active material useful as a positive electrode active material include... a lithium manganese nickel composite oxide having a spinel crystal structure" in paragraph [0060] and " LiNi0.5Co0.2Mn0.3O2" in Example 17 of Table 1),
wherein the lithium metal composite oxide has a layered structure and contains at least Li and a transition metal (see e.g. " LiNi0.5Co0.2Mn0.3O2" in Example 17 of Table 1; LiNi0.5Co0.2Mn0.3O2 is a layered oxide material), and the positive electrode active material for an all-solid-state lithium-ion battery satisfies all of the following: 4.5 ≤ (D90/D10) (see e.g. Example 17 in Table 1; D90 is 10 µm and D10 is 2 µm, D90/D10 = 5), 3.0 µm ≤ D50 ≤ 15.0 µm (see e.g. Example 17 in Table 1; D50 is 4 µm), Dmax ≤ 40.0 µm (see e.g. Example 17 in Table 1; Range of particle size is 1 - 20 µm).
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Iwasaki does not disclose that the particles are composed of primary particles, secondary particles which are aggregates of the primary particles, and single particles that exist independently of the primary particles and the secondary particles, wherein the primary particles are particles having no grain boundaries, and having a particle diameter of less than 0.5 µm, wherein the secondary particles are particles having grain boundaries in the appearance, wherein the single particles are particles having no grain boundaries in the appearance, and having a particle diameter of 0.5 µm or more, wherein an amount of the single particles in the particles is 20% or more.
Takahashi, however, in the same field of endeavor, positive electrode active materials for nonaqueous electrolyte secondary batteries, discloses a lithium metal composite oxide (see e.g. "lithium-transition metal composite oxide" in paragraph [0005] of Takahashi) wherein the particles are composed of primary particles (see e.g. " primary particles" in paragraph [0025] of Takahashi), secondary particles which are aggregates of the primary particles (see e.g. "secondary particle formed by aggregation of primary particles" in paragraph [0025] of Takahashi), and single particles that exist independently of the primary particles and the secondary particles (see e.g. "single particles" in paragraph [0025] of Takahashi), wherein the primary particles are particles having no grain boundaries (see e.g. "particles in which no particle boundary of the primary particles is observed by using a scanning electron microscope (SEM) " in paragraph [0025] of Takahashi), and having a particle diameter of less than 0.3 µm (see e.g. "primary particles having a small average particle diameter of, for example, 0.3 μm or smaller." in paragraph [0025] of Takahashi), wherein the secondary particles are particles having grain boundaries in the appearance (see e.g. "is a secondary particle, a particle boundary of the primary particles is observed on the particle cross section observed with a SEM." in paragraph [0026] of Takahashi), wherein the single particles are particles having no grain boundaries in the appearance (see e.g. "single particles means particles in which no particle boundary of the primary particles is observed by using a scanning electron microscope (SEM)" in paragraph [0025] of Takahashi), and having a particle diameter of 0.5 µm or more (see e.g. "average particle diameter of 0.5 μm or larger or being composed of substantially single particles." in paragraph [0025]), wherein an amount of the single particles in the particles is 95% or more (see e.g. "approximately 95% or more of all the particles had a single particle structure" in paragraph [0063] of Takahashi). Takahashi teaches primary particles ≤0.3 µm, single particles ≥0.5 µm, and secondary particles as aggregates, consistent with the claimed morphological definitions.
Takahashi discloses the same range or ranges that lie within the range claimed by the instant application. In the case where the prior art discloses the same range or a range that lies within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Takahashi further teaches that this combination of particles has led to both high energy density and excellent charge-discharge cycle characteristics of lithium secondary batteries with nonaqueous electrolytes (see e.g. paragraph [0010] of Takahashi). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the particles of Iwasaki et al. such that they are composed of primary particles, secondary particles which are aggregates of the primary particles, and single particles that exist independently of the primary particles and the secondary particles, wherein the primary particles are particles having no grain boundaries, and having a particle diameter of less than 0.5 µm, wherein the secondary particles are particles having grain boundaries in the appearance, wherein the single particles are particles having no grain boundaries in the appearance, and having a particle diameter of 0.5 µm or more, wherein an amount of the single particles in the particles is 20% or more as taught by Takahashi et al. in order to have a combination of particles that has led to both high energy density and excellent charge-discharge cycle characteristics of lithium secondary batteries with nonaqueous electrolytes as taught by Takahashi.
Iwasaki in view of Takahashi disclose a positive electrode active material having primary, secondary, and single particles, and particle sizes falling within the ranges of D10, D50, D90, and Dmax as claimed. The claimed methods of measurement: (1) determining particle diameters from a volume-based cumulative particle size distribution curve using laser diffraction, (2) observing particle morphology under SEM at 20,000× magnification, and (3) calculating the number percentage of single particles as N1/(N1+N2) merely provide a particular way of quantifying features that are already present in the prior art. It would have been routine for a person of ordinary skill in the art to measure particle sizes or count particle types using standard techniques to verify particle morphology and proportions. The measurement methods do not impart any novel structural or functional feature beyond the particle composition and morphology disclosed in the prior art. Therefore, the prior art inherently or explicitly meets the claimed limitations regardless of the specific measurement techniques recited.
Regarding Claim 38, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-sate lithium-ion battery according to claim 21 (see claim 21 rejection above).
Iwasaki further discloses that the positive electrode active material satisfies the following 4.5 ≤ (D90/D10) ≤ 14.0 (see e.g. Example 17 in Table 1; D90 is 10 µm and D10 is 2 µm, D90/D10 = 5).
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 39, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-sate lithium-ion battery according to claim 21 (see claim 21 rejection above).
Iwasaki further discloses that the positive electrode active material satisfies the following 8.0 ≤ Dmax ≤ 40.0 µm in Formula (4), Dmin is the minimum particle diameter (µm) in the cumulative particle diameter distribution curve (see e.g. Example 17 in Table 1; Range of particle size is 1 - 20 µm).
Iwasaki discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 40, Iwasaki in view of Takahashi discloses the positive electrode active material for an all-solid-sate lithium-ion battery according to claim 21 (see claim 21 rejection above).
Iwasaki further discloses that the transition metal is one element selected from the group consisting of Ni, Co, Mn, Fe and V (see e.g. "Examples of the active material useful as a positive electrode active material include... LisMnO2 (0 ≤ s ≤ 1)... LisNiO2 (0 ≤ s ≤ 1)... LisCoO2 (0 ≤ s ≤ 1)... LisFePO4 (0 ≤ s ≤ 1)... LisV2O5 (0 ≤ s ≤ 1)" in paragraph [0060]).
Regarding Claim 44, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 32 (see claim 32 rejection above).
Iwasaki further discloses that the first solid electrolyte is an oxide-based solid electrolyte (see e.g. "The inorganic solid particles having Li ion conductivity are preferably inorganic solid particles having a garnet structure... The inorganic solid particles having a garnet structure include... Li7La3Zr2O12" in paragraph [0073] and "Li7La3Zr2O12" Example 17 in Table 1; Li7La3Zr2O12 is an oxide-based solid electrolyte).
Claims 34 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki et al. (US-20180083269-A1) in view of Takahashi et al. (US-20220285678-A1) as applied to claims 31 and 32 above, and further in view of Fukuchi et al. (US-20110020704-A1).
Regarding Claim 34, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 31 (see claim 31 rejection above).
Iwasaki in view of Takahashi does not disclose the first solid electrolyte has an amorphous structure.
Fukuchi, however, in the same field of endeavor, positive electrode active materials for nonaqueous lithium batteries, discloses a solid electrolyte that has an amorphous structure (see e.g. "the inorganic solid electrolyte is an amorphous material (glass)" in paragraph [0060] of Fukuchi).
Fukuchi further teaches that when the inorganic solid electrolyte is an amorphous material, compounds can be contained within the inorganic solid electrolyte which increasing the clearance between the amorphous skeletons and thus is capable of reducing the hindrance to the movement of lithium ions and improving ion conductivity (see e.g. paragraph [0060] of Fukuchi). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the first solid electrolyte of Iwasaki et al. in view of Takahashi et al. such that it has an amorphous structure as taught by Fukuchi et al. in order to reduce the hindrance to the movement of lithium ions in the solid electrolyte and ultimately improve ion conductivity as suggest by Fukuchi.
Regarding Claim 43, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 32 (see claim 32 rejection above).
Iwasaki in view of Takahashi does not disclose the first solid electrolyte has an amorphous structure.
Fukuchi, however, discloses a solid electrolyte that has an amorphous structure (see e.g. "the inorganic solid electrolyte is an amorphous material (glass)" in paragraph [0060] of Fukuchi).
Fukuchi further teaches that when the inorganic solid electrolyte is an amorphous material, compounds can be contained within the inorganic solid electrolyte which increasing the clearance between the amorphous skeletons and thus is capable of reducing the hindrance to the movement of lithium ions and improving ion conductivity (see e.g. paragraph [0060] of Fukuchi). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the first solid electrolyte of Iwasaki et al. in view of Takahashi et al. such that it has an amorphous structure as taught by Fukuchi et al. in order to reduce the hindrance to the movement of lithium ions in the solid electrolyte and ultimately improve ion conductivity as suggest by Fukuchi.
Claims 45 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki et al. (US-20180083269-A1) in view of Takahashi et al. (US-20220285678-A1) as applied to claim 26 above, and further in view of Tani et al. (US-20170256794-A1).
Regarding Claim 45, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 26 (see e.g. claim 26 rejection above).
Iwasaki in view of Takahashi does not disclose that in the lithium metal composite oxide 0<w≤0.10.
Tani, however, in the same field of endeavor, positive electrode active materials for all-solid lithium ion batteries, discloses a lithium metal composite oxide that is an LNCAO-type nickel-based positive electrode active material such as LixNi1-y-zCoyAlzO1.7-2.2 wherein 0.90<x<1.10, 0.01<y<0.15, and 0.005<z<0.10 (see e.g. paragraphs [0040] and [0041] of Tani). It would be obvious to a person of ordinary skill in the art that this species can simplify to LiNi0.85Co0.10Al0.05O2 when x = 1, y = 0.10, z = 0.05 and O is chosen to be O2. This species directly correlates to the claimed species Li[Lix(Ni1-y-z-w)CoyMnzMw)1-x]O2 when M is Al, x = 0, y = 0.10, z = 0 and w = 0.05 which simplifies to LiNi0.85Co0.10Al0.05O2. This is the same species disclosed by the prior art.
Tani discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Tani also teaches that when this species is used as the positive electrode active material the active material can be disposed on an electrode in a high density and overall battery performance improves (see e.g. paragraph [0052] of Tani). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium metal composite oxide positive electrode active material of Iwasaki et al. in view of Takahashi et al. such that it is LiNi0.85Co0.10Al0.05O2 as taught by Tani et al. in order to dispose this active material on an electrode in a high density and improve overall battery performance as suggested by Tani.
Regarding Claim 46, Iwasaki in view of Takahashi discloses the all-solid-state lithium-ion battery according to claim 26 (see e.g. claim 26 rejection above).
Iwasaki in view of Takahashi does not disclose that in the lithium metal composite oxide 0<w≤0.10 and M is at least one element selected from the group consisting of Fe, Cu, Mg, Al, W, B, Mo, Nb, Zn, Sn, Zr, Ga and V.
Tani, however, discloses a lithium metal composite oxide that is an LNCAO-type nickel-based positive electrode active material such as LixNi1-y-zCoyAlzO1.7-2.2 wherein 0.90<x<1.10, 0.01<y<0.15, and 0.005<z<0.10 (see e.g. paragraphs [0040] and [0041] of Tani). It would be obvious to a person of ordinary skill in the art that this species can simplify to LiNi0.85Co0.10Al0.05O2 when x = 1, y = 0.10, z = 0.05 and O is chosen to be O2. This species directly correlates to the claimed species Li[Lix(Ni1-y-z-w)CoyMnzMw)1-x]O2 when M is Al, x = 0, y = 0.10, z = 0 and w = 0.05 which simplifies to LiNi0.85Co0.10Al0.05O2. This is the same species disclosed by the prior art.
Tani discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Tani also teaches that when this species is used as the positive electrode active material the active material can be disposed on an electrode in a high density and overall battery performance improves (see e.g. paragraph [0052] of Tani). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium metal composite oxide positive electrode active material of Iwasaki et al. in view of Takahashi et al. such that it is LiNi0.85Co0.10Al0.05O2 as taught by Tani et al. in order to dispose this active material on an electrode in a high density and improve overall battery performance as suggested by Tani.
Conclusion
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/J.J.E./Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723