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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/10/2026 has been entered.
Status of Claims
Applicant’s amendment and arguments filed 01/23/2026 have been fully considered. Claim(s) 1-5, 14, and 16 is/are amended; claim(s) 4 remain withdrawn. Examiner affirms that the original disclosure provides adequate support for the amendment.
Upon considering said amendment and arguments, the previous rejection(s) under 35 U.S.C. 102 and 35 U.S.C. 103 set forth in the Office action mailed 11/26/2025 has/have been withdrawn.
Applicant’s amendment necessitated the new grounds of rejection below.
Claim Objections
Claims 2, 5-6 and 16 are objected to because of the following informalities:
Claims 2 and 16 recites inter alia “second solid-state electrolyte particles selected from the group consisting of: Li2+2xZn1-xGeO4 where 0 < x < 1, Li7La3Zr2O12, LiTi2(PO4)3 Li3N, Li2B4O7, Li2O—B2O3—P2O5, Li1+xAlxTi2-x(PO4)3, where 0 ≤ × ≤ 2, Li2+ 2xZn1-xGeO4 where 0 < x < 1, and combinations thereof”, where the species “Li2+ 2xZn1-xGeO4 where 0 < x < 1” is recited twice.
Claim 5, dependent on claims 1 and 2, recites inter alia “wherein the solid-state electrolyte layer comprises a plurality of third electrolyte particles, wherein the third electrolyte particles are different from the first electrolyte particles” (emphasis by Examiner).
The emphasized limitation “the first electrolyte particles” appears to refer to the plurality of first solid-state electrolyte particles in the solid-state interlayer recited in claims 1 and 2, and is interpreted as reading thus. This interpretation has basis in ¶[0096] and FIG. 1C of the instant specification, which recites “the solid-state interlayer 102 may comprise a (fourth) plurality of solid-state electrolyte particles 104” (emphasis by Examiner).
Two other possible interpretations of this limitation are apparent:
Claim 5’s “the first electrolyte particles” refer to claim 1 and 2’s “first solid-state electrolyte particles” more broadly as particles of an electrolyte which is not necessarily solid-state;
Claim 5’s “first electrolyte particles” refer to a distinct set of particles from claim 1 and 2’s “first solid-state electrolyte particles”;
Both of these alternate interpretations lack antecedent basis in preceding claims 1 and 2 and are thus improper under 35 U.S.C. 112.
Furthermore, while not necessarily improper from the lack of antecedent basis, the limitations “a plurality of third electrolyte particles” and “the third electrolyte particles” in the solid-state electrolyte layer appear to refer to third solid-state electrolyte particles, according to ¶[0053] and FIG. 1C of the instant specification reciting “electrolyte layer 26 may include a first plurality of solid-state electrolyte particles 30”. If this interpretation is correct, it is suggested that these limitations be amended to recite “third solid-state electrolyte particles” for consistency.
Claim 6, dependent on claim 5, recites inter alia “the solid-state electrolyte layer further comprises a polymeric gel electrolyte that at least partially fills voids between the second electrolyte particles” (emphasis by Examiner).
The limitation “the second electrolyte particles” appears intended to refer to the plurality of third (solid-state) electrolyte particles recited in preceding claim 5, and is interpreted as reading thus. The previous set of claims filed 08/28/2025 where claims 5 and 6 both recited “second electrolyte particles” in the solid-state electrolyte layer, and the current amendments to claim 5 (filed 01/23/2026) to instead recite third
If interpreted otherwise, the limitation “the second electrolyte particles” provided in the solid-state electrolyte layer in claim 6 lacks antecedent basis in preceding claims 2, which recites “second solid state electrolyte particles” provided in only the solid-state interlayer and requiring more specificity than “second electrolyte particles”, or alternatively, the preceding claims fail to establish second electrolyte particles distinct from the second solid-state electrolyte particles, and is thus improper under 35 U.S.C. 112(b).
Appropriate correction is required.
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.
Claims 1-3,5-6 and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over Liao et al. (US-20160072132-A1; cited in 05/29/2025 Office action) in view of Oshima et al. (US-20220216509-A1).
Regarding claims 1 and 14, Liao discloses an electrochemical cell that cycles lithium ions ([0003]), wherein the electrochemical cell comprises a (first) electrode 102 (“cathode”, [0088], FIG. 4) comprising a plurality of (first) solid-state electroactive particles ([0078]) as claimed in claims 1 and 14;
a second electrode 106 (“anode”, [0088], FIG. 4) comprising a plurality of second solid-state electroactive particles ([0078]) as claimed in claim 14;
a separator 108 which may be embodied as a solid or gel electrolyte thus interpreted as a solid-state electrolyte (SSE) layer 108 ([0088], [0105]); and a layer of a lithium-ion conductive material 104 disposed between the electrode 102 and the SSE layer 108 ([0088], FIG. 4) as claimed in claims 1 and 14.
While Liao does not explicitly describe this lithium-ion conductive layer as comprising solid-state electrolyte particles, Liao discloses that the lithium-ion conductive layer comprises particles of inorganic lithium ion-conducting ceramic materials ([0051], [0045]), these materials understood in the art as solid-state electrolyte (SSE) particles as a result of being ion conductors, i.e., electrolytes. Liao’s lithium-ion conductive layer is thus broadly and reasonably interpreted as the solid-state interlayer 104 comprising a plurality of first SSE particles as claimed in claims 1 and 14.
Liao discloses the first SSE particles have the required trait of being non-electroactive and conductive to lithium ions ([0046]), and suggests selecting the first SSE particles from a group including lithium oxides, carbonates, nitrides, oxysulfide, (phosphorus) oxynitride, garnet-type oxides, Li10GeP2S12, silicosulfide, germanosulfide, lanthanum oxides, titanium oxides, borosulfide, aluminosulfide, phosphosulfide, silicate, borate, aluminate, phosphate, halides, and combinations thereof for this purpose ([0045]). While members of this group are related in scope to the group of materials for the SSE particles claimed in claims 1 and 14, consisting of “Li6.2Ga0.3La2.95Rb0.05Zr2O12, Li6.85La2.9Ca0.1Zr1.75Nb0.25O12, Li14Zn(GeO4)4, Li3.3La0.53TiO3, LiSr1.65Zr1.3Ta1.7O9, Li2x-ySr1-xTayZr1-yO3 where x = 0.75y and 0.60 < y < 0.75, Li1+xAlxGe2-x(PO4)3 where 0 ≤ x ≤ 2 , Li1.4Al0.4Ti1.6(PO4)3, Li1.3Al0.3Ti1.7(PO4)3, Li7PN4, LiSi2N3, LiI, Li3InCl6, Li2CdCl4, Li2MgCl4, LiCdI4, Li2ZnI4, Li3OCl, Li3YCl6, Li3YBr6, and combinations thereof”, Liao fails to further specify any of the species named in the claimed group of materials.
Oshima (US20220216509A1) is analogous as an electrochemical cell comprising an electrode (201, “positive electrode”), a SSE layer (102, “second electrolyte layer”) and a solid-state interlayer (101, “first electrolyte layer”) disposed between the electrode (201) and SSE layer (102) (Oshima [0034], FIG. 1) similarly comprising a plurality of first SSE particles (“a particulate shape”, [0107]).
Oshima further teaches lithium halide materials suitable as SSE particles for forming the solid-state interlayer due to their high ionic conductivity ([0063]); specific examples include Li3YX6, Li2MgX4, Li2FeX4, and Li(Al, Ga, In)X4, where X is at least one of Cl, Br, and I, and (Al, Ga, In) is at least one of Al, Ga, and In ([0080]). This finite group of materials includes the members Li3InCl6 (Li(Al, Ga, In)X4 where (Al, Ga, In)=In and X=Cl), Li2MgCl4 (Li2MgX4 where X=Cl), Li3YCl6, and Li3YBr6 (Li3YX6 where X=Cl or Br) recited in the group of claims 1 and 14.
As Oshima teaches a use of a finite set of lithium halides suitable as first SSE particles to form a solid-state interlayer with a desirably high lithium ion conductivity, it would be obvious before the effective filing date of the instant application for one having ordinary skill in the art seeking to improve the ion conductivity of Liao’s solid-state interlayer to routinely explore selecting at least one of Li3InCl6 Li2MgCl4, Li3YCl6, and Li3YBr6 and combinations thereof taught by Oshima for Liao’s first SSE particles for the same purpose of forming Liao’s solid-state interlayer. Selection of these materials and combinations thereof reads on the scope of claims 1 and 14, reciting first SSE particles selected from the group consisting of “Li6.2Ga0.3La2.95Rb0.05Zr2O12, Li6.85La2.9Ca0.1Zr1.75Nb0.25O12, Li14Zn(GeO4)4, Li3.3La0.53TiO3, LiSr1.65Zr1.3Ta1.7O9, Li2x-ySr1-xTayZr1-yO3 where x = 0.75y and 0.60 < y < 0.75, Li1+xAlxGe2-x(PO4)3 where 0 ≤ x ≤ 2 , Li1.4Al0.4Ti1.6(PO4)3, Li1.3Al0.3Ti1.7(PO4)3, Li7PN4, LiSi2N3, LiI, Li3InCl6, Li2CdCl4, Li2MgCl4, LiCdI4, Li2ZnI4, Li3OCl, Li3YCl6, Li3YBr6, and combinations thereof” recited in claims 1 and 14 (MPEP 2143 I. E).
Such a selection would be made with a reasonable expectation of success because Liao indicates lithium halides as being generally suitable materials for the first SSE particle (Liao [0045]), and Oshima teaches that Li3InCl6 Li2MgCl4, Li3YCl6, Li3YBr6 are highly ionically conductive (Oshima [0063]) as required by Liao (Liao [0046]) (MPEP 2144.07).
Liao further discloses experimental examples of the solid-state interlayer having thicknesses ranging from 0.5 µm to 2 µm (Liao Examples 2, 3, [0139-0142]), thereby rendering obvious or disclosing with sufficient specificity a solid-state interlayer with this thickness range which falls within “a thickness greater than or equal to about 0.1 micrometers to less than or equal to about 8 micrometers” claimed in claims 1 and 14.
Furthermore, Liao discloses that the thickness range varies between 0.1-10 micrometers ([0071]); this range closely encompasses the claimed range of 0.1-8 micrometers in claims 1 and 14 such that a skilled artisan producing modified Liao’s solid-state interlayer would have routinely selected within the encompassed range with a reasonable expectation of success (MPEP 2144.05 I).
Regarding claims 2 and 16, modified Liao discloses the electrochemical cell of claims 1 and 14. Liao’s solid-state interlayer comprises SSE particles selected from a group of inorganic materials including inter alia lithium halides as well as Li3N, Li7La3Zr2O12, lithium borate (Li2B4O7), and combinations thereof as named examples (Liao [0045]; see discussion of claims 1 and 14 above), these materials having the required trait of being non-electroactive and lithium-ion conductive ([0046]).
It would thus be obvious for one having ordinary skill in the art to routinely explore the selection of Li3N, Li7La3Zr2O12, and Li2B4O7 and combinations thereof from the finite set of materials disclosed by Liao for use as SSE particles (MPEP 2143 I. E), these materials being included within the group of second SSE particles in claims 2 and 16 reciting “Li2+2xZn1-xGeO4 where 0 < x < 1, Li7La3Zr2O12 LiTi2(PO4)3 Li3N, Li2B4O7, Li2O—B2O3—P2O5, Li1+xAlxTi2-x(PO4)3, where 0 ≤ × ≤ 2, Li2+ 2xZn1-xGeO4 where 0 < x < 1, and combinations thereof”.
Furthermore, Liao discloses lithium halides (e.g., Li3InCl6 Li2MgCl4, Li3YCl6, Li3YBr6 as the first SSE particles in claims 1 and 14) as well as Li3N, Li7La3Zr2O12, and Li2B4O7 as equivalent SSE particle materials for use in forming the solid-state interlayer, which are suitably used in combination (“combinations of the above”, [0045]).
It would therefore be obvious for one having ordinary skill in the art to combine modified Liao’s first SSE particles (Li3InCl6 Li2MgCl4, Li3YCl6, Li3YBr6) with additional second SSE particles selected from the group consisting of Li3N, Li7La3Zr2O12, Li2B4O7, and combinations thereof to obtain a mixture of SSE particles for the same purpose of forming a solid-state interlayer with sufficient lithium-ion conductivity and without electroactivity (MPEP 2144.06 I).
In performing this modification, a skilled artisan would form the solid-state interlayer comprising a plurality of second SSE particles as claimed in claims 1 and 14, wherein the second SSE particles consist of materials overlapping in scope with the group of claims 2 and 16 reciting “Li2+2xZn1-xGeO4 where 0 < x < 1, Li7La3Zr2O12 LiTi2(PO4)3 Li3N, Li2B4O7, Li2O—B2O3—P2O5, Li1+xAlxTi2-x(PO4)3, where 0 ≤ × ≤ 2, Li2+ 2xZn1-xGeO4 where 0 < x < 1, and combinations thereof”.
Such a modification would have an expectation of success as both the first and second SSE particles are used in combination for the same purpose of forming the solid-state interlayer (Liao [0045]) as non-electroactive materials with lithium ion conductivity ([0046]) (MPEP 2144.06 I).
Regarding claim 15, modified Liao discloses the electrochemical cell of claim 14, wherein the solid-state interlayer is a first solid-state interlayer 104 and the electrochemical cell further comprises:
a second solid-state interlayer 110 disposed between the second electrode 106 and the solid-state electrolyte layer 108 (Liao [0088], FIG. 4), the second solid-state interlayer comprising a plurality of second solid-state electrolyte particles ([0051]) as claimed in claim 15.
Liao further discloses experimental examples of the second solid-state interlayer comprising a thickness of 2 µm (Liao Example 5, [0146]) thereby rendering obvious or disclosing with sufficient specificity a second solid-state interlayer with this thickness which falls within “a thickness greater than or equal to about 0.1 micrometers to less than or equal to about 8 micrometers” claimed in claim 15.
Furthermore, Liao discloses that the solid-state interlayer thickness range varies between 0.1-10 micrometers ([0071]); this range closely encompasses the claimed range of 0.1-8 micrometers such that a skilled would have routinely have selected within the encompassed claimed range with a reasonable expectation of successfully forming Liao’s second solid-state interlayer (MPEP 2144.05 I).
Regarding claim 3, Modified Liao discloses the electrochemical cell of claim 2. Liao discloses that the pores of the electrode may comprise a solid inorganic electrolyte (Liao [0083]). While Liao does not explicitly recite a plurality of third SSE particles within the electrode, Liao discloses that the electrolyte may be any material capable of storing and transporting lithium ions and providing an ionic path between electrodes ([0091]), a trait shared by the solid-state electrolyte particles of the solid-state interlayer which Liao recognizes as capable of transporting lithium ions ([0046])
As such, it would be obvious for one having ordinary skill in the art to use a third plurality of solid-state electrolyte particles in modified Liao’s electrode as used previously in the solid state-interlayer, with a reasonable expectation of success as modified Liao recognizes an equivalent purpose of transporting lithium ions and providing an ionic path between the electrodes for both the electrolyte and for the solid-state interlayer; see MPEP 2144.06.
Regarding claim 5, modified Liao discloses the electrochemical cell of claim 2, comprising a solid-state electrolyte layer 108 which may contain a solid electrolyte or a gel electrolyte (Liao FIG. 4, [0088], [0091]), but does not explicitly recite that the SSE layer comprises a plurality of third electrolyte particles as claimed in claim 5.
However, Liao discloses that the electrolyte may be any material capable of storing and transporting lithium ions and providing an ionic path between electrodes ([0091]), a trait shared by the first and second SSE particles of the solid-state interlayer which Liao recognizes as capable of transporting lithium ions ([0046])
As such, it would be obvious for one having ordinary skill in the art to use a third plurality of electrolyte particles in Liao’s SSE layer as used previously in the solid state-interlayer, with a reasonable expectation of success as Liao recognizes an equivalent purpose of transporting lithium ions and providing an ionic path between the electrodes for both the electrolyte and for the solid-state interlayer; see MPEP 2144.06 II.
Furthermore, while modified Liao does not disclose that the third electrolyte particles are different from the first SSE particles, Liao recognizes that the electrochemical cell may comprise multiple pluralities of electrolyte (e.g., SSE) particles with different compositions ([0088]); as such, it would be obvious for an ordinary skilled artisan to substitute a different composition for the third electrolyte particles from the list of suitable SSE compositions disclosed by Liao as claimed in claim 5; see MPEP 2144.06 II.
Regarding claim 6, modified Liao discloses the electrochemical cell of claim 5. While modified Liao does not explicitly disclose that the electrochemical cell contains a polymeric gel electrolyte that at least partially fills voids between the third electrolyte particles (see interpretation of claim 6 under § Objections), both a solid-state electrolyte layer comprising a plurality of third electrolyte particles and a gel electrolyte are disclosed to be suitable electrolytes in the SSE layer ([0091], [0105]). Furthermore, Liao teaches that a polymeric gel electrolyte may be used to fill voids between the first solid-state electrolyte particles ([0059]).
As such, it would be obvious for an ordinary skilled artisan to at least partially fill voids between the third electrolyte particles in the solid-state electrolyte layer, with a reasonable expectation of success as modified Liao recognizes the equivalence of particulate solid-state electrolytes and gel polymer electrolytes in the solid-state electrolyte layer and discloses a suitability of using a gel polymer electrolyte to fill voids between solid-state electrolyte particles; see MPEP 2144.06 I.
Regarding claims 8-9 and 17, Modified Liao discloses the electrochemical cell of claims 1 and 15 further comprising a polymeric gel electrolyte as claimed in claims 8-9, alternatively interpreted as a polymeric gel system as claimed in claim 17, that at least partially fills voids between the (first) solid-state electroactive particles (Liao [0081-0083]) as claimed in claims 8 and 17; and at least partially fills the voids between the first SSE particles ([0059]) as claimed in claims 9 and 17.
Modified Liao further discloses the polymeric gel system at least partially fills voids between the second solid-state electroactive particles (Liao [0081-0083], [0088]) and the second SSE particles (i.e., the SSE particles in the second solid-state interlayer 110; [0059], [0088], FIG. 4) as claimed in claim 17.
Regarding claims 10 and 18, Modified Liao discloses the electrochemical cell of claims 1 and 15. Liao further discloses that an area of the solid-state interlayers without discontinuities such as holes, pores, or gaps may be as high as 95%, 99%, or 99.9% (Liao [0048]).
Thus, the (first) solid-state interlayer may cover at least a range of 95% to 99.9% of the total surface area of a surface of the (first) electrode opposing the (first) solid-state interlayer which falls within the range “greater than or equal to about 50 % to less than or equal to about 100 %” of a total surface area of a surface of the (first) electrode opposing the solid-state electrolyte layer claimed in claims 10 and 18.
Thus, second solid-state interlayer may also cover at least a range of 95% to 99.9% of the total surface area of a surface of the second electrode opposing the second solid-state interlayer which falls within the range “greater than or equal to about 50 % to less than or equal to about 100 %” of a total surface area of a surface of the second electrode opposing the solid-state electrolyte layer claimed in claim 18
Regarding claims 11-12 and 19, Modified Liao discloses the electrochemical cell of claims 1 and 15, wherein solid-state interlayers may comprise pores in the form of conduits or passageways (Liao [0049]), which are broadly and reasonably interpreted as the claimed plurality of through-holes disposed therewithin such that at least one or both of the (first) solid-state interlayer and second solid-state interlayer comprises a plurality of through-holes dispersed therewithin as claimed in claims 11 and 19.
Liao further discloses that the through-holes have an average diameter greater than or equal to about 0.001 micrometers to less than or equal to 1 micrometer ([0061]), which overlaps with “an average diameter greater than or equal to about 0.05 micrometers to less than or equal to about 100 micrometers” claimed in claims 12 and 19 between 0.05 to 1 micrometers such that one skilled in the art forming Liao’s solid-state interlayer according to claim 12 or at least one of the first and second solid-state interlayers in claim 19 would have routinely selected within the overlapped range with a reasonable expectation of success (MPEP 2144.05 I)
Regarding claim 13, Modified Liao discloses the electrochemical cell of claim 11. Liao further discloses that the solid-state interlayer may comprise a volume-based porosity of 1% to 70%, where the percentages indicate void volume within solid-state interlayer (Liao [0060]).
The claimed area covered by the solid-state interlayer may be broadly and reasonably interpreted as an area of the electrode in contact with the solid-state electrolyte layer. As 1-70% of the porous solid-state interlayer may comprise void space ([0060]) which does not contact the surface of the electrode, Liao thereby discloses an electrochemical cell wherein the solid-state interlayer covers a corresponding 30% to 99% of a total surface area of the electrode opposing the solid-state electrolyte layer. This overlaps with the “greater than or equal to about 50 % to less than or equal to about 100 % of a total surface area of a surface of the electrode opposing the solid-state electrolyte layer” claimed in claim 13 between 50-99% such that one skilled in the art seeking to form Liao’s solid-state interlayer would have routinely selected within the overlapped range with a reasonable expectation of success (MPEP 2144.05 I).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (US-20160072132-A1) and Oshima (US-20220216509-A1) as applied to claim 2, further in view of Jang (US-20220293955-A1; cited in 05/29/2025 Office action).
Regarding claims 5-6, modified Liao discloses the electrochemical cell of claim 2, comprising a solid-state electrolyte layer 108 which may contain a solid electrolyte or a gel electrolyte (Liao FIG. 4, [0088], [0091]), but does not explicitly recite that the SSE layer comprises a plurality of third electrolyte particles as claimed in claim 5.
However, Liao discloses that the electrolyte may be any material capable of storing and transporting lithium ions and providing an ionic path between electrodes ([0091]), a trait shared by the first and second SSE particles of the solid-state interlayer which Liao recognizes as capable of transporting lithium ions ([0046])
As such, it would be obvious for one having ordinary skill in the art to use a third plurality of electrolyte particles in Liao’s SSE layer (MPEP 2144.06 II).
Furthermore, while modified Liao does not disclose that the third electrolyte particles are different from the first SSE particles, Liao recognizes that the electrochemical cell may comprise multiple pluralities of electrolyte (e.g., SSE) particles with different compositions ([0088]); as such, it would be obvious for an ordinary skilled artisan to substitute a different composition for the third electrolyte particles as claimed in claim 5; see MPEP 2144.06 II.
Furthermore, while modified Liao does not explicitly disclose that the electrochemical cell contains a polymeric gel electrolyte that at least partially fills voids between the third electrolyte particles (see interpretation of claim 6 under § Objections), both a solid-state electrolyte layer comprising a plurality of third electrolyte particles and a gel electrolyte are disclosed to be suitable electrolytes in the SSE layer ([0091], [0105]). Furthermore, Liao teaches that a polymeric gel electrolyte may be used to fill voids between the first solid-state electrolyte particles ([0059]).
As such, it would be obvious for an ordinary skilled artisan to at least partially fill voids between the second electrolyte particles in the solid-state electrolyte layer (MPEP 2144.06 I).
Assuming, arguendo, that applicant proves that it would not be obvious to modify Liao as discussed above, Jang (US20220293955A1) is directed to a separator comprising a gel polymer electrolyte ([0015], [0055]) broadly and reasonably interpreted as a SSE layer. Jang further teaches that the SSE layer may comprise a plurality of third electrolyte particles in the form of inorganic solid-state electrolyte particles ([0044]), improving the ionic conductivity of a gel polymer-based SSE layer ([0006], [0007]), and improving the stability of inorganic SSE materials ([0119, 0122]).
As such, in seeking to improve the ionic conductivity of Liao’s SSE layer, it would be obvious before the effective filing date of the instant application for one having ordinary skill in the art to use the SSE layer taught by Jang, wherein a gel polymer-based solid electrolyte comprises a plurality of third solid-state electrolyte particles.
Furthermore, while modified Liao does not disclose that the third electrolyte particles are different from the first electrolyte particles, Liao recognizes that the electrochemical cell may comprise multiple pluralities of solid-state electrolyte particles with different compositions ([0088]); as such, it would be obvious for an ordinary skilled artisan to substitute a different composition for the third electrolyte particles from the list of suitable solid-state electrolyte compositions disclosed by Liao; see MPEP 2144.06 II.
Claims 7 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liao (US-20160072132-A1) and Oshima (US-20220216509-A1) as applied to claim 1 and 14, further in view of Lee et al. (US-20160087306-A1; cited in 05/29/2025 Office action).
Regarding claims 7 and 20, Modified Liao discloses the electrochemical cell of claims 1 and 20 wherein the solid-state electrolyte layer 108 may be embodied as a gel electrolyte known in the art (FIG. 4, [0105]). While Liao does not disclose that this gel electrolyte requires a support structure, Liao fails to explicitly define the gel electrolyte as a free-standing polymeric gel electrolyte, and does not disclose a thickness of this type of membrane.
Lee (US20160087306A1) is directed to a known polymer gel electrolyte for a lithium secondary battery ([0008-0016]) which may be prepared as a free-standing membrane ([0118]), and has a thickness of 0.1 micrometers to 200 micrometers ([0190]). Advantageously, Lee teaches that a gel electrolyte prepared with these features has improved ionic conductivity, ion mobility, and mechanical properties ([0185], [0191]).
As such, in seeking to improve the ion conductivity and mobility and mechanical properties of the Liao’s solid-state gel electrolyte layer, it would be obvious before the effective filing date of the instant application for one having ordinary skill in the art to select a free-standing membrane defined by a polymeric gel with a thickness greater than 0.1 micrometers and less than 200 micrometers as taught by Lee for use in Liao’s electrochemical cell. Such a selection would be done with a reasonable expectation of success, as Liao discloses a general suitability of using a gel electrolyte known in the art for the solid-state electrolyte layer (MPEP 2144.07).
Furthermore, in seeking to provide the above advantages, a skilled artisan would seek to utilize a thickness ranging from 0.1 to 200 micrometers, which closely encompasses the claimed thickness range of 5 to 200 micrometers as claimed in claims 7 and 20 such that a skilled artisan would have routinely selected within the overlap with a reasonable expectation of success (MPEP 2144.05 I).
Response to Arguments
Applicant amendment to claims 2 and 16 overcomes the rejection under 35 U.S.C. 112 of these claims as applied in the final Office action filed 11/26/2025, as the amendment to these claims to recite the solid-state interlayer which “further comprises a plurality of second solid-state electrolyte particles selected from […]” no longer lacks antecedent basis in the limitations of the preceding claims.
Applicant’s arguments with respect to rejection of amended claims 1 and 14 under 35 U.S.C. 102 over previously cited prior art Ozawa et al. (US20210104773A1) and over Liao (Remarks pp. 8-10) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Withdrawal of the previous ground of rejection has been necessitated by Applicant’s amendment filed 01/23/2026.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Iwasaki et al. US20180277907A1 is relevant as discussing a solid-state electrolyte layer 4-3, electrodes 3b, 5b, and solid-state interlayers 4-1, 4-2 (“first portion”, “second portion”) interposed therebetween ([0126-0129], FIG. 2), comprising first solid-state electrolyte particles ([0104-0105]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVERETT T CHOI whose telephone number is (703)756-1331. The examiner can normally be reached Monday-Friday 11:00-8:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan G Leong can be reached on (571) 270 1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.C./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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