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 .
Status of Claims
Claims 1,2 and 4 are amended. Claims 3 and 5-7 are cancelled. Claims 1-2, 4 and 8-12, as filed 6 November 2025, are examined herein. No new matter is included.
Response to Arguments
Regarding the rejection under 35 USC 103, Applicant argues that the cited references do not teach the primary and secondary particle diameter limitations of amended claim 1 and do not teach a porosity of the positive electrode active material layer between 8.1% and 10.1%. This argument is moot in light of a newly cited reference, Sugiura.
Applicant further argues that Iwane does not explicitly disclose secondary particles. This argument is moot in light of a newly cited reference, Sugiura.
Applicant further argues that Nagakane (comparing example 1 to comparative examples 1 and 2) teaches away from a larger secondary particle diameter, because the capacity decreases from 110 mAh/g to 40 mAh/g. This argument is not persuasive. Examiner notes that Nagakane discloses secondary particle sizes both above and below the claimed range, and therefore is not relied on to teach the secondary particle size. Rather, Nagakane is relied on to teach the existence of primary particles used to create a secondary particle.
Claim Interpretation
Claim 1 includes the limitation “a porosity … is between 8.1% and 10.1%.” The broadest reasonable interpretation of the instant claim limitation is determined to include that the porosity is measured in volume %.
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.
Claim(s) 1-2, 4 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwane (WO 2021131467 A1, with paragraph numbering from US 20220320590 A1) in view of Nagakane (JP 2013097892 A), using the English translation provided by Applicant, in view of Sugiura (US 20120009470 A1).
Regarding claim 1, Iwane teaches a positive electrode for a secondary battery (abstract) comprising a positive electrode active material layer (abstract) which contains a positive electrode active material (abstract) and a solid electrolyte ([0019] “may further include a solid electrolyte), wherein an D50 of the positive electrode active material A is ([0024]) “more preferably 1.0 µm to 4.5 µm”) and teaches [0122] that the particles are made from LiCoO2 and cobalt oxide by sintering. However, Iwane does not clarify if the particles are secondary (composite) particles. Iwane’s taught diameter overlaps the claimed range of secondary particles, (3.6 µm to 4.9 µm). Iwane further teaches that the positive electrode active material consists of ([0039]) a layered rock salt-type structure, which is within the scope of the claimed list of alternatives.
Iwane does not explicitly teach the positive electrode active material consisting of secondary particles and does not explicitly teach an average particle diameter of the primary particles is 1.2 µm to 2.3 µm. Iwane does not disclose an average particle diameter of the primary particles of the solid electrolyte.
Nagakane discloses (abstract) discloses a positive electrode material for lithium-ion secondary batteries. Nagakane at [0015] discloses the use of secondary particles of the positive active material, which allows for uniform dispersion of the solid electrolyte and increased specific surface area, “thus the number of sites for releasing and occluding lithium ions can be increased.” The person of ordinary skill would be motivated to replace the particle of Iwane with the secondary particle of Nagakane, with a reasonable expectation of successfully improving dispersing of the solid electrolyte and increasing the number of sites to release and occlude lithium ions.
At [0029] Nagakane discloses the primary particle diameter of the positive active material may be 1.8 µm or less. (overlaps the claimed range) Nagakane discloses that if the primary particle is too large, the specific surface area will be too low, causing less ion diffusion, and that if the primary particle is too small, the aggregation force between the particles becomes too strong.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to optimize the primary particle size of modified Iwane’s active particle, based on the teachings of Nagakane, with a reasonable expectation of balancing ion diffusion and aggregation forces, and achieving a successful secondary particle, thus meeting the instant claim limitation.
Nagakane further discloses [0063-0064] a glass-like solid electrolyte, which may have a particle size between 0.1 and 10 µm. (Overlaps the claimed range of < 0.8 µm.) Nagakane discloses that if the particle is too small, secondary aggregation may cause the ion conductivity to be lowered. If the particle is too large, ion conductivity may be lowered.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to optimize the primary particle size of Iwane’s solid electrolyte, based on the teachings of Nagakane, with a reasonable expectation of achieving good ion conductivity, thus meeting the instant claim limitation.
Iwane and Nagakane are both silent on the porosity of the positive active material layer and are therefore silent on wherein a porosity of the positive electrode active material layer is between 8.1% and 10.1%.
Sugiura, in the field of positive active material layers, discloses [0086] that sintered active material layers with a voidage (porosity) of 3% to 15% exhibit excellent percent capacity maintenance.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select an active material layer of 3% to 15%, with a reasonable expectation of achieving an active material layer having a high percent capacity maintenance.
Sugiura discloses at (Table 6) positive active material layers with 8% voidage (porosity) and a 1.2 µm primary particle size (falls within the claimed range) and a high percent capacity maintenance. At Table 7, Sugiura discloses an active material layer with 10% voidage and a high percent capacity maintenance. 8% voidage and 10% voidage fall within the claimed porosity range.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to select an active material layer of 8% to 10%, along with a 1.2 µm primary particle size, because these materials represent a with a reasonable expectation of achieving an active material layer having a high percent capacity maintenance.
Regarding claim 2, Iwane in view of Nagakane and Sugiura teaches all of the limitations as set forth above, however Iwane does not explicitly teach wherein a ratio of a content of the positive electrode active material to a total content of the positive electrode active material and the solid electrolyte in the positive electrode active material layer is 70 vol% or more.
Iwane discloses ([0043] positive electrode layer is preferably 60% to 90% by mass) and further discloses higher levels of active material will prevent peeling.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to optimize the amount of positive active material in modified Iwane’s positive electrode layer, in order to prevent peeling, with a reasonable expectation of achieving an electrolyte layer meeting the instant claimed volume percent.
Regarding claim 4, Iwane in view of Nagakane and Sugiura teaches all of the limitations as set forth above, and Iwane further teaches wherein the positive electrode active material includes ([0041]) LiNMC. This candidate is within the scope of the claimed list of alternatives.
Regarding claim 8, Iwane in view of Nagakane and Sugiura teaches all of the limitations as set forth above, and Iwane further teaches wherein the solid electrolyte includes a sulfide solid electrolyte. ([0077] Li2S-P2S5)
Regarding claim 9, Iwane in view of Nagakane and Sugiura teaches all of the limitations as set forth above, and Iwane further teaches secondary battery comprising the positive electrode for a secondary battery according to any claim1. (abstract – battery)
Regarding claim 10, Iwane in view of Nagakane and Sugiura teaches all of the limitations as set forth above, and Iwane further teaches wherein the secondary battery is an all-solid lithium-ion secondary battery. (abstract: solid state battery; [0059] capable of inserting and extracting a lithium ion)
Regarding claim 11, Iwane in view of Nagakane and Sugiura teaches all of the limitations as set forth above, and Iwane further teaches wherein the positive electrode is for an all-solid lithium-ion secondary battery. (abstract: solid state battery)
Regarding claim 12, Iwane in view of Nagakane and Sugiura teaches all of the limitations as set forth above, and Iwane teaches wherein the positive electrode active material layer consists of the positive electrode active material and the solid electrolyte. ([0019]) However Iwane does not explicitly teach wherein the positive electrode active material layer further includes a conductive aid.
Nagakane discloses [0053-0054] that the positive electrode active material may be coated with graphite, acetylene black, or amorphous carbon, acting as a conductive additive for imparting conductivity.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to modify the positive electrode active material layer of modified Iwane by adding the graphite of Nagakane, with a reasonable expectation of successfully achieving a desired level of electrical conduction.
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 mailing date of this final action.
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CLAIRE A. RUTISER
Examiner
Art Unit 1751
/C.A.R./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 2/27/2026