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 with respect to claim(s) 1, 3, 10, 18, 27-28, 30, 37 and 87 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.
Election/Restrictions
Applicant's election with traverse of Invention I, drawn to an all-solid-state electrochemical cell in the reply filed on 9-16-2025 is acknowledged. The traversal is on the ground(s) that reserving the right to a joiner of Invention I and Invention II. The Examiner accepts.
The requirement is still deemed proper and is therefore made FINAL.
Claims 58-59,63,66,70,72,74,76,78,81,83,85 and 91-92 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9-16-2025.
Applicant’s election of an all-solid-state electrochemical cell comprising: a positive electrode comprising a positive active material comprising LiFePO4 (new claims 95-97), a composite material comprising a) an alkali metal ion-conducting inorganic particles comprising a garnet comprising LLZO (Li7La3Zr2O12) (claim 3) and b) a crosslinked aprotic polymer comprising a polyether segment (claims 10 and 14) and further comprising an electrically conducting material carbon black (claim 27), a polymer binder comprising the crosslinked aprotic polymer comprising a polyether segment (claim 30), a lithium salt comprising LiTFSI (claim 18) and does not further comprise an ionic liquid or aprotic solvent as claimed in claim 18;
a negative electrode comprising an active material comprising a metallic film of Li or Li alloy (claim 37) and does not comprise a conductive material, a polymer binder, the composite material, a salt and an ionic liquid for an aprotic solvent; an electrolyte layer comprising a composite material comprising: a) an alkali metal ion-conducting inorganic particles comprising a garnet comprising (Li7La3Zr2O12) LLZO (claim 3) and b) a crosslinked aprotic polymer present between the inorganic particles comprising polyether polymers comprising crosslinkable units (claims 10 and 14) and further comprising a lithium salt comprising LiTFSI (claim 18) and does not further comprise an ionic liquid or aprotic solvent as claimed in claim 18; and does not further comprise an intermediate layer as claimed in claim 54 in the reply filed on 9-16-2025 and 12-1-2025 are acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 22, 41, 44-45, 47, 54, 93 and 98 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9-16-2025 and 12-1-2025. Amended claim 22 now does not allow for LiFePO4 or LiMO but only allows for FePO4 or MO. Therefore the claim is now withdrawn. Claim 41 has been withdrawn because the elected species was a metallic film and are not particles. Claim 93 is withdrawn because the claim does not claim garnet materials or materials that allow for the elected Li7La3Zr2O12 inorganic particles. Claim 98 is withdrawn because the polymer binders claimed do not include the crosslinked aprotic polymer comprising a polyether segment.
Claim Objections
Claims 3, 5, 10, 18, 30, and 94-97 are objected to because of the following informalities: Claim 3 is objected to because the claim should cite “selected from the group consisting of garnets,… and argyrodites, or ”. Claim 5 is objected to because the claim should cite “wherein when the inorganic material comprises M then M is selected from the group consisting of Li, …and Ba; or M comprises Li and at least one selected from the group consisting of Na, …and Ba”. Claim 10 is objected to because the claim should cite “selected from the group consisting of at least one of polyether, … and polyurethane segments…comprising functional group selected from the group consisting of acrylates, …and one of their combinations”. Claim 18 is objected to because the claim should cite “selected from the group consisting of hexafluorophosphate (PF6-), …and difluoro(oxalato)borate (BF2(2O4)-)(FOB-) or an anion of the formula BF2O4Rx-… or a combination thereof”.[the ionic liquid and the aprotic solvent limitations were not examined]. Claim 30 is objected to because the claim should cite “selected from the group consisting of the crosslinked aprotic polymers, …and synthetic rubbers”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 5, 13, 18, 28 and 30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 5 is rejected because of the phrase “M is lithium” makes the claim indefinite because the claim is claiming a limitation that falls within the broad range/limitation in the same claim which is already claiming M is Li, Na, K, …Ba…”.
Claim 13 is rejected because it is unclear what is the range for “x”. Claim 18 is rejected to because there is no antecedent basis for “the positive electrode ‘layer or the negative electrode ‘layer’”. Claim 28 is rejected to because there is no antecedent basis for “the positive electrode ‘layer’” or “the ‘particles’ of the positive electrode” in claim 1 from which the claim depends from. In addition, because of the amendment to claim 1, the claim should cite “wherein the positive electrode layer further comprises the composite material and the crosslinked aprotic polymer is present between the inorganic particles and between the particles of the positive electrode electrochemically active material”. Claim 30 is rejected to because there is no antecedent basis for “the positive electrode ‘layer’”. Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim Rejections - 35 USC § 103
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, 5, 10, 18, 27-28, 30, 37, 87, 94-97 and 99-100 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Makino et al. (US 2017/0133717). Makino et al. teaches in claim 1, an all solid-state secondary battery comprising: a positive electrode active material layer; a negative electrode active material layer and an inorganic solid electrolyte layer where at least one layer of the positive electrode material layer, the inorganic solid electrolyte layer or the negative electrode active material layer includes a crosslinked polymer and an inorganic solid electrolyte which includes a metal belonging to Group I or Group II and has an ion-conducting property. Makino et al. teaches in Table 3, that the solid electrolyte layer comprises Li0.33La0.55TiO3 (LLT) particles or Li7La3Zr2O12 (LLZ) particles [claims 3 and 5] in an amount of 90-95 wt% and a crosslinked polymer of a cyclic siloxane compound [teaching claim 10]. Makino et al. teaches in Table 3, the solid electrolyte layer comprises a lithium salt comprising LiTFSI [teaching claim 18]. Makino et al. teaches [0330], that the method of making the solid electrolyte layer includes mixing the crosslinked polymer and particles of the inorganic solid electrolyte having an ion-conducting property. Makino et al. teaches in [0342] and [0348], that the solid electrolyte composition is in a state in which surfaces of the particles of the inorganic electrolyte are coated with the crosslinked polymer and the positive or negative electrode active materials, the inorganic solid electrolyte may be dispersed together. Makino et al. teaches in [0455] and Table 4, that the positive electrode comprises active materials comprising LiMn2O4 (LMO), LCO or LiNi1/3Mn1/3Co1/3O2 (NMC) [claims 95-97]; acetylene black [teaching claim 27], the solid electrolyte material comprising a crosslinked polymer of a cyclic siloxane compound [teaching claim 30]. Makino et al. teaches in Table 4, that the negative electrode layer comprises Li4Ti5O12 (LTO) and teaches in [0312], that the negative electrode can comprise lithium or lithium alloy [claim 37] or metallic complex oxides. Makino et al. teaches the claimed invention as explained above teaching wherein the cross-linked aprotic polymers comprises a crosslinked polymer of a cyclic siloxane compound but does not specifically teach that the precursor of the crosslinked aprotic copolymer before crosslinking is in liquid form at 25°C. Since Makino et al. teaches the specified cross-linked aprotic polymer as claimed in claim 10, then inherently the same the precursor of the crosslinked aprotic copolymer before crosslinking is in liquid form at 25°C must also be obtained.
In addition, the presently claimed property of same the precursor of the crosslinked aprotic copolymer before crosslinking is in liquid form at 25°C would have obviously been present once the Makino et al. product is provided. See MPEP 2122.01, I. Makino et al. teaches the claimed invention as explained above teaching that the solid electrolyte composition is in a state in which surfaces of the particles of the inorganic electrolyte are coated with the crosslinked polymer and the positive or negative electrode active materials, the inorganic solid electrolyte may be dispersed together but does not specifically teach wherein the crosslinked aprotic polymer being present between the inorganic particles and wherein the crosslinked aprotic polymer of the electrolyte layer fills porosity of the positive electrode interface and forms a network of inorganic particles interconnected by the crosslinked aprotic polymer. Since Makino et al. teaches that the solid electrolyte composition is in a state in which surfaces of the particles of the inorganic electrolyte are coated with the crosslinked polymer and the positive or negative electrode active materials, the inorganic solid electrolyte may be dispersed together, then inherently the crosslinked aprotic polymer being present between the inorganic particles and wherein the crosslinked aprotic polymer of the electrolyte layer fills porosity of the positive electrode interface and forms a network of inorganic particles interconnected by the crosslinked aprotic polymer must also be obtained.
In addition, the presently claimed property of the crosslinked aprotic polymer being present between the inorganic particles and wherein the crosslinked aprotic polymer of the electrolyte layer fills porosity of the positive electrode interface and forms a network of inorganic particles interconnected by the crosslinked aprotic polymer would have obviously been present once the Makino et al. product is provided. See MPEP 2122.01, I.
Claim(s) 40 is rejected under 35 U.S.C. 103 as being unpatentable over Makino et al. (US 2017/0133717) in view of Jeon et al. (US 2017/0263977). Makino et al. teaches the claimed invention as explained above but does not teach that the negative electrode comprising a metallic film has a thickness in the range of 5-500 µm. Jeon et al. teaches in claim 1, a battery comprising a cathode, an anode and an electrolyte layer comprising a polymer, a lithium salt and particles comprising inorganic material. Jeon et al. teaches in [0090], an anode coated with a lithium metal at a thickness of about 8 um. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a thickness of 8 µm for the lithium metal anode layer, since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
Allowable Subject Matter
Claim 14 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pistorino et al. (US 2017/0187063) teaches in [0029-0031 and 0042-0044] and FIG. 1, a solid-state electrochemical cell comprising a positive electrode layer 120, a negative electrode layer 110 comprising lithium metal or lithium foil [teaching claim 37] and a separator 130 containing a ceramic-polymer composite electrolyte comprising ionically-conductive ceramic particles 135 which may retard formation and/or growth of dendrites from the anode. Pistorino et al. teaches in [0043] that the positive electrode comprises positive electrode active material particles embedded in a matrix of solid polymer electrolyte (catholyte) that may also contain small, electrically conductive particles such as carbon black and the solid polymer catholyte can be a polymer, a copolymer or a blend thereof. Pistorino et al. teaches [0055], that the cathode can comprise the ceramic-polymer composite electrolyte material in addition to a polymer binder such as a fluorinated polymer such as PVDF, synthetic rubbers such as SBR, which helps to bind together the various components of the cathode [claims 28 and 30]. Pistorino et al. teaches in [0046] and FIG 4A, teaches an ionically conductive ceramic particle embedded in a solid polymer electrolyte matrix and teaches in [0048], that the ionically-conductive ceramic particles comprise one or more of LIPON, LLTO, LATP, LLZO, LSPS, thio-LISICON, and/or LISICON. Pistorino et al. teaches in [0026], an electrolyte material includes a solid polymer electrolyte comprising polystyrene-poly (ethylene oxide) block copolymer, LiTSFI and in which electrolyte ionically conductive LISICON ceramic particles are distributed and teaches in [0027], wherein the electrolyte material includes a solid polymer electrolyte comprising poly (ethylene glycol) dimethyl ether, LiTSFI and poly (ethylene glycol) bis (carboxymethyl) ether and in which electrolyte ionically conductive LLTO ceramic particles are distributed. Pistorino et al. teaches in [0049-0050], that the ionically-conductive solid polymer may be one or more of polyethers, poly alkyl carbonates, polyamines, polyimides, polyamides, perfluoro polyethers, etc. and that the solid polymer electrolyte may be cross-linked. Pistorino et al. teaches in [0054], that the weight fraction of ceramic particles in the ceramic-polymer composite electrolyte is between 10% and 80%, between 30% and 60%, or between 50% and 55%.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura Weiner whose telephone number is (571)272-1294. The examiner can normally be reached 9 am-5 pm EST M-F.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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