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 Amendment
The amendment filed on March 24th 2026 is acknowledged. Claims 1-12 & 14-16 remain pending in the application. Claim 13 was cancelled by the Applicant. The amendments to the claims have overcome the previous 112(f) and 112(b) rejections, therefore those rejections are withdrawn. Applicant’s arguments to the previous rejections of the claims were fully considered but are not persuasive. The 103 rejections of the claims are maintained.
Claim Objections
Claims 2-12 & 14-16 are objected to because of the following informalities:
Claims 2-12 & 14-16 recite “Method according to…” as the preamble. Examiner suggests replacing with “A method according to…”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 & 14-16 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 1 recites “a functional cathode layer” then later recites “the cathode layer”. It is not clear if Applicant is meaning to refer to the “functional cathode layer” with the recitation of “the cathode layer”, or Applicant is introducing a new and different cathode layer. Appropriate correction is required.
Claims 2-12 & 14-16, as they depend from Claim 1, are indefinite for the same reasons.
Claim 8 recites “the cathode layer”. It is not clear if Applicant is referring to the “functional cathode layer” or “the cathode layer” of Claim 1. Appropriate correction is required.
Claim 9 recites “the cathode layer”. It is not clear if Applicant is referring to the “functional cathode layer” or “the cathode layer” of Claim 1. Appropriate correction is required.
Claim 10 recites “the cathode layer”. It is not clear if Applicant is referring to the “functional cathode layer” or “the cathode layer” of Claim 1. Appropriate correction is required.
Claim 16 recites “the cathode layer”. It is not clear if Applicant is referring to the “functional cathode layer” or “the cathode layer” of Claim 1. Appropriate correction is required.
Claim 1 recites “performing mechanical and thermal treatments and connecting and depositing for the metal current collector”, which is unclear and indefinite. It is not clear if the mechanical and thermal treatments are being performed by or on the metal current collector. Additionally, it is not clear if the connecting is being performed by or on the metal current collector, and what is being connected. It is further unclear if a component is being deposited on the metal current collector, or if the metal current collector is being deposited on a component. Appropriate correction is required.
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.
Claims 1, 6, 8-10, & 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. KR 2017/0076246 A, and further in view of Arthur et al US 2020/0052285 A1. Citations to Kim are mapped to the English translation. Further evidence provided by Cressa et al. “Investigation of Li accumulations in LLZO based solid state batteries via operando neutron imaging and ex-situ correlative structural and chemical analysis” and Plastic Identification Tool “PLASTICS: Hard Polyurethane”.
Regarding Claim 1, as best understood by the examiner, Kim discloses an electrolyte for a lithium secondary battery [0007], and a method of making the electrolyte [0007]. Kim discloses that the electrolyte comprises a heat resistant polymer with an interconnected network of pores and ceramic particles positioned in the pore structure [0009]. Kim discloses that the heat resistant polymer is one of polyurethane, polyvinylidene fluoride, polyvinylidene fluoride-hexafluoropropylene, polyacrylonitrile, or polyethylene oxide polypropylene oxide [0013], which are all non-conductive materials. Thus, Kim discloses a porous, non-conducting substrate web (non-conductive polymer with interconnected network of pores). Kim discloses that there are ceramic particles in the pores of the polymer [0009], and that the ceramic particles are a glass-ceramic solid electrolyte [0014]. Thus, Kim discloses an electrolyte web comprising inorganic solid electrolyte (ceramic solid electrolyte particles) attached to and impregnated into the porous, non-conducting substrate web (non-conductive polymer with interconnected network of pores). Regarding the volume percent of the inorganic solid electrolyte in the electrolyte web, Kim discloses in Example 1 that the inorganic solid electrolyte (ceramic particles Li7La3Zr2O12) are added in an amount of 1.6g, and the porous, non-conducting substrate web (polymer polyurethane) is added in an amount of 0.4g to obtain an electrolyte web containing inorganic solid electrolyte (solid electrolyte membrane containing polymer and ceramic particles) [0109-0110]. Thus, the inorganic solid electrolyte is contained in an amount of 0.3137cm3 by volume (using a density of 5.1 g/cm3 as evidenced by Cressa et al., Page 2 Left Column “Materials and Methods”) and the substrate web is contained in an amount of 0.3636cm3 by volume (using a density of 1.1 g/ cm3 as evidenced by Plastic Identification Tool, Page 4 “Properties”), for a total volume of the electrolyte web of 0.6773cm3, therefore the volume percent of inorganic solid electrolyte is about 46%. Thus, Kim discloses a method for the manufacture of an electrolyte web comprising 40-95 volume percent of inorganic solid electrolyte, wherein the inorganic solid electrolyte is attached to and impregnated into the porous, non-conducting substrate web, as described above. Further, in example 1, Kim discloses that the electrolyte slurry was pushed to an even thickness and dried at room temperature to obtain the electrolyte web (solid electrolyte membrane) [0110]. Kim discloses that, when referring to the desired content of the ceramic particles within the solid electrolyte membrane (which teaches the electrolyte web), the amount of the ceramic particles directly affects the lithium ion conduction and that a certain amount is desired to achieve the desirable lithium ion conduction in the solid electrolyte membrane [0065]. Thus, Kim indicates that the ceramic particles within the solid electrolyte membrane form ion conducting pathways across the membrane. Therefore, Kim discloses processing the electrolyte web by pressure (pushed) and/or temperature (room temperature) to densify the inorganic solid electrolyte in the pores (dried) to form ion-conducting pathways across the electrolyte web.
Kim further discloses manufacturing a lithium-metal layer (negative active material layer formed on a current collector [0083], wherein the negative electrode active material layer is lithium metal [0084]).
Kim further discloses manufacturing a cathode (cathode active material layer formed on current collector) [0093], wherein cathode material particles (cathode active material) form a functional cathode layer (cathode active material layer) on the surface of a metal current collector (cathode current collector) [0093-0094, 0100]. Kim discloses depositing the cathode active material on the cathode current collector [0101] thus Kim discloses performing depositing for the metal current collector.
Kim discloses a lithium battery comprising the lithium-metal anode, the cathode, and the electrolyte web, as mentioned above, [0032-0033], however Kim is silent as to a specific method for the manufacture of a lithium battery. Kim is also silent as to depositing the lithium-metal layer on an anode side of the electrolyte web, and attaching the cathode layer to a cathode side of the electrolyte web.
Arthur discloses manufacturing a lithium battery comprising lithium and inorganic solid electrolyte [0030-0031]. Arthur discloses depositing the negative active material layer on the anode side of an electrolyte, and further discloses depositing the positive active material layer on the cathode side of an electrolyte [0030]. Arthur discloses pressing the assembled stack of layers [0030-0031], thus performing mechanical treatments.
In the absence of a method taught by Kim, one of ordinary skill would look to the relevant prior art such as Arthur to find a suggestion of a general method for the manufacturing of a battery. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to use the method for the manufacture of a battery of Arthur to modify the disclosure of Kim. Thus, modified Kim discloses a method for the manufacture of a lithium battery, wherein the anode layer (lithium metal layer) is deposited on the anode side of the electrolyte, and the cathode layer is deposited on the cathode side of the electrolyte.
Kim is further silent as to the cathode further comprises a liquid electrolyte and/or a polymer electrolyte and/or an inorganic solid electrolyte.
Arthur further discloses a method for the manufacture of a cathode [0006], wherein the cathode (positive electrode) comprises an inorganic solid electrolyte [0021].
Arthur discloses that a cathode with this configuration increases stability of the cathode [0019].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the cathode of Kim to further include the solid electrolyte as suggested by Arthur to provide a cathode with increased stability.
Regarding Claim 6, Kim discloses that the inorganic solid electrolyte of the porous, non-conducting substrate web, can be a garnet type oxide, LISICON, LiPON, NASICON, perovskite type oxide, or glass-ceramic solid electrolyte [0014]. However, Kim is silent as to the inorganic solid electrolyte being specifically a lithium thiophosphate.
Arthur discloses that the solid electrolyte in the solid electrolyte layer can be a lithium thiophosphate [0025].
Arthur discloses that the material for the solid electrolyte can be selected to achieve optimal insulating properties [0025].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to use lithium thiophosphate as the inorganic solid electrolyte as suggested by Arthur in place of the inorganic solid electrolyte (ceramic particles) of Kim for the benefit of optimal insulating properties.
Regarding Claim 8, as mentioned with regards to Claim 1 above, modified Kim discloses a cathode that further comprises a solid electrolyte [Arthur 0021], and further discloses that it can be a lithium thiophosphate (LixPySz) [0030].
Regarding Claim 9, as mentioned with regards to Claims 6 & 8 above, modified Kim discloses that both the inorganic solid electrolyte in the electrolyte web and the inorganic solid electrolyte in the cathode are a lithium thiophosphate (Li3PS4), thus modified Kim discloses that that a compositionally same inorganic solid electrolyte as in the electrolyte web is used in the cathode layer.
Regarding Claim 10, Arthur discloses that the cathode layer is deposited and then pressed [0030], thus modified Kim discloses that that cathode layer is processed by pressure after the attaching of the cathode layer.
Regarding Claim 15, modified Kim discloses that the solid electrolyte in the electrolyte layer is lithium thiophosphate Li3PS4 [Arthur 0025].
Regarding Claim 16, modified Kim discloses that the solid electrolyte in the cathode can be lithium thiophosphate (LixPySz) [Arthur 0030] and further discloses that the lithium thiophosphate can be LPS (Li3PS4) [Arthur 0035].
Claims 2-3 & 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Arthur as applied to claim 1 above, and further in view of Skotheim et al. US 6,797,428 B1.
Regarding Claim 2, modified Kim is relied upon for the reasons given above in addressing claim 1, however is silent as to the thickness of the lithium-metal layer.
Skotheim discloses a lithium anode for an electrochemical cell [Abstract], wherein the anode comprises lithium metal as a first active layer [Column 2 Lines 28-30]. Skotheim discloses that the lithium metal layer has a thickness of 2-100µm [Column 2 Lines 51-52].
Skotheim discloses that an anode with this configuration is light weight and has high energy density [Column 1 Lines 35-37].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the lithium-metal layer of modified Kim to have the thickness as suggested by Skotheim to provide an anode with light weight and high energy density.
Regarding Claim 3, modified Kim discloses that the anode comprises a lithium metal layer (first layer) that is deposited on the current collector by laser ablation method [Skotheim Column 3 Lines 60-63; Column 15 Lines 34-38], also known as pulsed laser deposition
Regarding Claim 12, modified Kim discloses that the battery is assembled in a method of using material layers that comprise the electrolyte web wherein the electrolyte web has been processed by pressure and/or temperature, as mentioned with regards to Claim 1 above, an anode, the cathode, as modified by Arthur. Kim further discloses that one of the material layers, in this case the anode, comprises lithium. As modified by Skotheim above, modified Kim discloses that the anode has been produced at least in part by pulsed laser deposition (laser ablation).
Claims 4, 5, 7, & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Arthur as applied to claim 1 above, and further in view of Baek et al. US 2014/0170504 A1.
Regarding Claims 4, modified Kim is relied upon for the reasons given above in addressing Claim 1, however is silent as to an inorganic material layer being deposited on a surface of the electrolyte web.
Baek discloses a solid electrolyte for a lithium battery comprising an inorganic protective layer on a composite electrolyte layer [Abstract]. Baek discloses that the composite electrolyte layer comprises an inorganic component and an organic component [0038], wherein the organic component is a polymer [0044] similar to the electrolyte web of Kim, and the inorganic component can be metal oxide [0041] similar to the ceramic particles of Kim. Baek discloses that the protective layer is inorganic [0031], thus Baek discloses an inorganic material layer deposited on the electrolyte layer. Baek discloses that the protective layer has a thickness of 10nm-100µm [0037], which overlaps with the claimed value.
Baek discloses that a configuration such as this has high electrochemical stability and high ionic conductivity [0032].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the electrolyte web of modified Kim to incorporate the inorganic material layer of Baek to achieve a lithium battery with high electrochemical stability and high ionic conductivity.
Regarding Claim 5, in Example 1 Baek discloses that the inorganic protective layer is formed from a Li-La-Zr based inorganic electrolyte powder that comprises Li7La3Zr2O12 [0083-0086], which is common solid electrolyte in the battery art. Thus, modified Kim discloses that the inorganic material layer is an ion-conducting solid electrolyte.
Regarding Claim 7, modified Kim is relied upon for the reasons given above in addressing Claim 6. Modified Kim, as modified by Baek with regards to Claim 4 above, discloses an inorganic material layer (protective layer) on the surface of the substrate web (electrolyte of Kim). Modified Kim discloses that the thickness of the inorganic material layer is 10nm-10µm [0037], which overlaps with the range recited in Claim 7. Baek discloses that the inorganic material layer is produced by aerosol deposition [0054], which Baek discloses is an alternative to CVD [0062].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known deposition method, i.e. aerosol deposition of Baek, for another deposition method, i.e. CVD of Baek, with reasonable expectation of success. The simple substitution of one deposition method for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
Regarding Claim 14, as mentioned with regards to Claim 5, Baek discloses that the inorganic material layer comprises LLZO [0083-0086].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Arthur as applied to claim 1 above, and further in view of You et al. US 2018/0241073 A1.
Regarding Claim 11, modified Kim is relied upon for the reasons given above in addressing Claim 1, however Kim is silent as to the cathode material particles comprising an inorganic material layer.
You discloses a positive electrode active material for a lithium secondary battery [Abstract], wherein the positive electrode active material comprises a core-shell structure [Abstract]. You discloses that the positive electrode active material comprises a core made of a lithium transition metal oxide and comprises an inorganic material layer formed as a coating on the surface of the shell [Abstract]. You discloses that the inorganic material layer has a thickness of 1-150 nm [0033], which overlaps with the claimed range.
You discloses that incorporating the inorganic material layer on the surface of the shell of the positive electrode active material can enhance the structural stability of the active material and can allow the active material to maintain thermal stability while exhibiting high capacity and excellent high output characteristics [0014].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the cathode material particles of Kim to incorporate the inorganic material layer of You to achieve enhanced structural thermal stability of the active material. Thus, modified Kim discloses an inorganic material layer with a thickness of 1-150nm deposited on the surface of the cathode material particles.
Response to Arguments
Applicant argues that Kim fails to disclose or suggest the processing step as claimed in amended Claim 1, more specifically that Kim uses an ionic liquid in the manufacturing of the solid electrolyte membrane which is different from the claimed invention. Examiner respectfully points out that as presently written, Claim 1 does not exclude the presence of an ionic liquid in the electrolyte web and remains open to the inclusion of other electrolyte components, such as an ionic liquid. Thus, Kim teaches the electrolyte web of Claim 1, teaching a solid electrolyte membrane comprising the inorganic solid electrolyte (ceramic particles) and porous, non-conducting substrate web (heat-resistant polymer) as claimed, even though Kim also includes an ionic liquid in their solid electrolyte membrane. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that Kim discloses that the ionic liquid forms ion conducting pathways and argues that the ceramic particles of Kim do not form the ion conducting pathways. Examiner respectfully points that Kim provides no teaching, suggestion, or evidence that the ceramic particles do not form ion conducting pathways across the solid electrolyte membrane when the ceramic particles are impregnated into the pores. Thus there is no guidance that the ceramic particles of Kim would not be creating ion conducting pathways as claimed. Additionally, Examiner points out that Kim does disclose that, when referring to the desired content of the ceramic particles within the solid electrolyte membrane (which teaches the electrolyte web), Kim specifically mentions that the amount of the ceramic particles directly affects the lithium ion conduction and that a certain amount is desired to achieve the desirable lithium ion conduction in the solid electrolyte membrane [0065]. Thus, Kim indicates that the ceramic particles within the solid electrolyte membrane do form ion conducting pathways across the membrane, therefore reading on the claim. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that Kim’s disclosure is not relevant to the volume percentages of the claimed electrolyte web as Kim includes an ionic liquid which differs from the claimed invention, and argues that the calculations presented in the rejection are incorrect for neglecting the ionic liquid component. Examiner respectfully points out that as stated in the rejection of Claim 1 above, the citations of Kim for calculating the volume percentages of the inorganic solid electrolyte in the electrolyte web relied on paragraphs [0109-0110] of Kim, wherein Kim discloses manufacturing an electrolyte web (solid electrolyte membrane) comprising polyurethane, as the porous, non-conducting substrate web, and LiLaZrO particles, as the inorganic solid electrolyte. In this section, Kim does not disclose adding an ionic liquid, and thus the solid electrolyte membrane from this citation used to calculate the volume percentage of the inorganic solid electrolyte in the electrolyte web (solid electrolyte membrane) does not comprise any ionic liquid, as asserted by the Applicant in their remarks. Therefore, the calculations as stated in the rejection above are correct and refer to the solid electrolyte membrane comprising only the ceramic particles and the heat-resistant polymer, thus reading on the claim limitations of Claim 1. Additionally, the calculations presented by the Applicant in their remarks, wherein the ionic liquid was taken into account in the overall volume percentage calculation, which is represented by Kim in paragraphs [0112-0114] in subsequent steps after making the solid electrolyte membrane to obtain a ceramic composite electrolyte, show that the volume percentage of the inorganic solid electrolyte in the ceramic composite electrolyte ranges from 15-47vol%. This range presented by the Applicant’s calculations still overlap with the claimed range. Thus even if the Examiner had used the ceramic composite electrolyte to teach the electrolyte web, comprising the ceramic particles as the inorganic solid electrolyte, the heat resistant polymer as the porous, non-conducting substrate web, and additionally an ionic liquid, the volume percentage of the inorganic solid electrolyte in the electrolyte web as taught by Kim would still read on the claimed range. Accordingly, for the reasons stated above, this argument is unpersuasive.
Conclusion
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 date of this final action.
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/A.E.G./Examiner, Art Unit 1726
/DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726
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