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 filed 02/13/2026 have been fully considered but they are not persuasive.
Applicant has amended claims 1 and 9 to claim the battery is an all-solid lithium metal secondary battery. Choi discloses the electrolyte may be a solid electrolyte (see e.g., Choi; [0135]).
Applicant has amended claims 1 and 9 to include elements of canceled claim 4. Kusumoto (JP-2001243957-A) is combined with Choi to teach that the negative electrode current collector may have a ten-point average roughness (Rz) of 1.0 to 3.0 μm.
Applicant has amended claims 1 and 9 to claim that the protective layer is a plated layer consisting of a metal capable of being alloyed with lithium. Claim 1 claims that the metal may be antimony, bismuth, or tin, and claim 9 claims that the metal may be bismuth or tin. Skotheim (US-20050008935-A1) is no longer applied to modify Choi. Jang (US-20170279163-A1) is used to modify Choi to teach that the protective layer may consist of a metal layer, wherein the metal layer is tin.
Applicant has amended claims 1 and 9 to include elements of canceled claim 6. Choi is still used to teach that the protective layer may have a thickness of 0.2 to 5 μm when fully charged.
Regarding new claim 10, Kusumoto is used to modify Choi to teach that the lithium metal layer deposited on the negative electrode current collector may be performed in-situ; the negative electrode current collector does not have a lithium metal layer during manufacturing, and lithium metal layer is deposited during charging.
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.
Claim(s) 1-3, 7, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (KR-20190106151-A) (see translation), and in further view of Kusumoto (JP-2001243957-A) and Jang (US-20170279163-A1).
Regarding claim 1, Choi discloses a lithium metal secondary battery (see e.g., [0001]), comprising:
a positive electrode (see e.g., [0120]);
a negative electrode (see e.g., [0106]); and
the negative electrode comprising a negative electrode current collector (see e.g., [0011]) and a protective layer (see e.g., [0011], regarding lithium alloy layer formed on the lithium metal layer; Choi discloses an additional protective layer 40 formed on the lithium alloy layer, however, it is the lithium alloy layer 30 that corresponds to the protective layer of instant claim; [0053], regarding the lithium alloy layer 30 may act as a diffusion barrier for lithium ions to prevent the growth of lithium dendrites),
Choi also discloses the lithium metal layer 20 may have a thickness of 0.1 μm to 50 μm (see e.g., [0050]), which overlaps with the instant specification of 5 μm or more and 50 μm or less. The instant specification submits that a lithium metal layer of this thickness range may have a relative density, calculated according to the equation of the instant specification, of 65% or more when fully charged. Therefore, Choi also discloses this feature.
Choi discloses the organic or inorganic solid electrolytes may be included among a list of other electrolytes (see e.g., Choi; [0135]), and that the lithium battery may be classified into all-solid battery among a list of other battery types (see e.g., Choi; [0146], [0150]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the battery disclosed by Choi be an all-solid battery with a solid electrolyte layer with organic or inorganic electrolytes between the positive and negative electrode in order to provide a secondary battery without increasing electrical resistance (see e.g., Choi; [0004]).
Choi also discloses that the lithium alloy protective layer has a thickness of 1 nm to 1 μm (see e.g., [0016]), which overlaps with the claimed thickness of 0.2 μm or more and 5 μm or less when fully charged. Choi discloses a similar composition of the lithium alloy protective layer comprising of antimony, a similar lithium metal layer, similar positive electrode compositions, and a similar solid electrolyte. Furthermore, although lithium alloy layers expand during charging, because the upper range disclosed by Choi is 1 μm, an expansion of the layer may still be within 5 μm or less. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected a thickness of the protective layer disclosed by Choi between 1 nm to 1 μm to be such that when fully charged the thickness is 0.2 μm to 5 μm in order to improve manufacturing and prevent dendrite growth (see e.g., Choi; [0007]).
Choi does not explicitly disclose the negative electrode current collector has a ten-point average roughness (Rz) of 1.0 μm or more and 3.0 μm or less. However, Kusumoto discloses a negative electrode current collector that has a ten-point average roughness (Rz) of 10 μm or less (see e.g., [0008]), which overlaps with the claimed range of 1.0 μm or more and 3.0 μm or less. Kusumoto is combinable because Kusumoto similarly a lithium secondary battery wherein the negative electrode current collector may be copper or nickel (see e.g., [0010]). Kusumoto also discloses wherein the electrolyte may be a solid electrolyte (see e.g., Kusumoto; [0013]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the current collector disclosed by Choi by providing a current collector with a ten-point average roughness (Rz) of 10 μm or less disclosed by Kusumoto. One of ordinary skill in the art would have been motivated to make this modification in order to prevent localized deposition of lithium metal during charging such that dendritic precipitation of lithium metal during charging may be suppressed and good charge/discharge cycle characteristics and storage characteristics can be obtained (see e.g., [0008]).
Choi discloses wherein the metal capable of being alloyed with lithium may be antimony (see e.g., [0012]-[0015], regarding M may be antimony Sb), which overlaps with the claimed metal being antimony, bismuth, or tin. Because Choi discloses a protective layer that is a lithium alloy, Choi does not explicitly disclose the protective layer being a plated layer consisting of a metal capable of being alloyed with lithium, wherein the metal capable of being alloyed with lithium is antimony, bismuth, or tin.
However, Jang teaches a metal layer layered on a lithium metal layer (see e.g., Jang; [0022], [0033], regarding metal layer) which may similarly correspond to a protective layer, wherein the metal of the metal layer is not particularly limited and may be selected from a group including tin (Sn) (see e.g., Jang; [0033]). Jang is further combinable with Choi because Jang teaches that the metal may also be cobalt (Co) or silicon (Si) (see e.g., Jang; [0033]), which overlaps with the metal options included in the lithium alloy protective layer disclosed by Choi (see e.g., Choi; [0015]). Jang also discloses wherein the electrolyte may be a solid polymer electrolyte (see e.g., Jang; [0085]-[0086]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted tin as disclosed by Jang as the metal capable of being alloyed with lithium in Choi. One of ordinary skill in the art would have been motivated to make this modification in order to improve chemical stability, safety, initial charge and discharge efficiency, and charge and discharge cycle characteristics (see e.g., Jang; [0012]-[0014]).
Because the composition of materials and thickness of layers of modified Choi are identical to those provided in the instant specification, including the positive electrode, negative electrode, solid electrolyte, and protective layer, it is the examiners position that the resulting properties resulting from such as structure would be inherent.
Namely: having a volumetric capacity density of 1000 mAh/L or more, wherein the volumetric capacity density of the protective layer is a value calculated by dividing charging capacity of the all-solid lithium metal secondary battery when a voltage in a first constant current constant voltage charge reaches 3.5 V by volume of the protective laver, and the volume of the protective layer is a value calculated by multiplying a thickness of the protective laver when fully charged by a projected area of the negative electrode current collector.
MPEP 2112 I. states that “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable.
Regarding claim 2, modified Choi teaches the all-solid lithium metal secondary battery according to claim 1, wherein the protective layer further comprises an alloy of lithium and the metal capable of being alloyed with lithium (see above regarding claim 1; Jang teaches that the protective layer may be tin).
Regarding claim 3, modified Choi teaches the all-solid lithium metal secondary battery according to claim 1, wherein the negative electrode further comprises a lithium-metal layer between the negative electrode current collector and the protective layer (see e.g., [0011], fig. 1, regarding lithium metal layer 20 formed on at least one surface of the current collector 10, and the lithium alloy protective layer formed on the lithium metal layer 30).
Regarding claim 7, modified Choi teaches the lithium metal secondary battery according to claim 1. Choi discloses wherein the metal capable of being alloyed with lithium is antimony (see e.g., Choi; [0012]-[0015], regarding M as Sb). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Choi such that the metal of the protective layer is antimony in order to prevent lithium dendrite growth (see e.g., Choi; [0007]-[0008]).
Regarding claim 9, Choi discloses a lithium metal secondary battery (see e.g., [0001]), comprising:
a positive electrode (see e.g., [0120]);
a negative electrode (see e.g., [0106]); and
the negative electrode comprising a negative electrode current collector (see e.g., [0011]) and a protective layer (see e.g., [0011], regarding lithium alloy layer formed on the lithium metal layer; Choi discloses an additional protective layer 40 formed on the lithium alloy layer, however, it is the lithium alloy layer 30 that corresponds to the protective layer of instant claim; [0053], regarding the lithium alloy layer 30 may act as a diffusion barrier for lithium ions to prevent the growth of lithium dendrites),
Choi also discloses that the lithium alloy protective layer has a thickness of 1 nm to 1 μm (see e.g., [0016]), which overlaps with the claimed thickness of 0.2 μm or more and 5 μm or less when fully charged. Choi discloses a similar composition of the lithium alloy protective layer comprising of antimony, a similar lithium metal layer, similar positive electrode compositions, and a similar solid electrolyte. Furthermore, although lithium alloy layers expand during charging, because the upper range disclosed by Choi is 1 μm, an expansion of the layer may still be within 5 μm or less. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected a thickness of the protective layer disclosed by Choi between 1 nm to 1 μm to be such that when fully charged the thickness is 0.2 μm to 5 μm in order to improve manufacturing and prevent dendrite growth (see e.g., Choi; [0007]).
Choi discloses the organic or inorganic solid electrolytes may be included among a list of other electrolytes (see e.g., Choi; [0135]), and that the lithium battery may be classified into all-solid battery among a list of other battery types (see e.g., Choi; [0146], [0150]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the battery disclosed by Choi be an all-solid battery with a solid electrolyte layer with organic or inorganic electrolytes between the positive and negative electrode in order to provide a secondary battery without increasing electrical resistance (see e.g., Choi; [0004]).
Choi does not explicitly disclose the negative electrode current collector has a ten-point average roughness (Rz) of 1.0 μm or more and 3.0 μm or less. However, Kusumoto discloses a negative electrode current collector that has a ten-point average roughness (Rz) of 10 μm or less (see e.g., [0008]), which overlaps with the claimed range of 1.0 μm or more and 3.0 μm or less. Kusumoto is combinable because Kusumoto similarly a lithium secondary battery wherein the negative electrode current collector may be copper or nickel (see e.g., [0010]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the current collector disclosed by Choi by providing a current collector with a ten-point average roughness (Rz) of 10 μm or less disclosed by Kusumoto. One of ordinary skill in the art would have been motivated to make this modification in order to prevent localized deposition of lithium metal during charging such that dendritic precipitation of lithium metal during charging may be suppressed and good charge/discharge cycle characteristics and storage characteristics can be obtained (see e.g., [0008]).
Because Choi discloses a protective layer that is a lithium alloy, Choi does not explicitly disclose the protective layer being a plated layer consisting of a metal capable of being alloyed with lithium, wherein the metal capable of being alloyed with lithium is bismuth or tin.
However, Jang teaches a metal layer layered on a lithium metal layer (see e.g., Jang; [0022], [0033], regarding metal layer) which may similarly correspond to a protective layer, wherein the metal of the metal layer is not particularly limited and may be selected from a group including tin (Sn) (see e.g., Jang; [0033]). Jang is further combinable with Choi because Jang teaches that the metal may also be cobalt (Co) or silicon (Si) (see e.g., Jang; [0033]), which overlaps with the metal options included in the lithium alloy protective layer disclosed by Choi (see e.g., Choi; [0015]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted tin as disclosed by Jang as the metal capable of being alloyed with lithium in Choi. One of ordinary skill in the art would have been motivated to make this modification in order to improve chemical stability, safety, initial charge and discharge efficiency, and charge and discharge cycle characteristics (see e.g., Jang; [0012]-[0014]).
Because the composition of materials and thickness of layers of modified Choi are identical to those provided in the instant specification, including the positive electrode, negative electrode, solid electrolyte, and protective layer, it is the examiners position that the resulting properties resulting from such as structure would be inherent.
Namely: having a volumetric capacity density of 1000 mAh/L or more, wherein the volumetric capacity density of the protective layer is a value calculated by dividing charging capacity of the all-solid lithium metal secondary battery when a voltage in a first constant current constant voltage charge reaches 3.5 V by volume of the protective laver, and the volume of the protective layer is a value calculated by multiplying a thickness of the protective laver when fully charged by a projected area of the negative electrode current collector.
MPEP 2112 I. states that “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable.
Regarding claim 10, modified Choi teaches the all-solid lithium metal secondary battery according to claim 1. Choi discloses that during manufacturing, a lithium metal layer is formed separately from the negative current collector in order to minimize exposure of lithium to the atmosphere and prevent dendrite growth (see e.g., Choi; [0031]). Choi does not explicitly disclose wherein the negative electrode does not comprise a lithium-metal layer, and by charging the all-solid lithium metal secondary battery, a lithium-metal layer is formed between the negative electrode current collector and the protective layer. However, Kusumoto discloses wherein lithium metal is only formed on the negative electrode during charging to form a lithium-metal layer (see e.g., Kusumoto; [0006], regarding lithium metal deposited during charging). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have negative electrode of Choi such that lithium metal is not formed during manufacturing and only deposited on the negative electrode current collector during charging to form a lithium metal layer between the negative electrode current collector and the protective layer. One of ordinary skill in the art would have been motivated to make this modification in order to suppress dendrites (see e.g., Kusumoto; [0005]).
Conclusion
THIS ACTION IS MADE FINAL. 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 SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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