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 .
Summary
This is a non-final office action for application 17/949,365 filed on 09/21/2022. Claims 1-28 are pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application Nos. JP2022-010400 filed on 01/26/2022 and KR10-2022-0034942 filed on 03/21/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/30/2022 is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I and Species I, claims 1-13 and 15-26, in the reply filed on 08/14/2025 is acknowledged. Group(s) II and Species II, claims 14 and 27-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/14/2025.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4, 6-8, 10-11, 15-17, 19-22 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yashiro et al. (US-20200373609-A1).
Regarding Claim 1, Yashiro discloses a solid secondary battery (see e.g. " all-solid lithium secondary battery" in Abstract and FIG. 1) comprising: a positive electrode (see e.g. "a positive electrode layer" in paragraph [0017] and part number 10 in FIG. 1); a negative electrode (see e.g. "a negative electrode layer" in paragraph [0017] and part number 20 in FIG. 1); and a solid electrolyte (see e.g. "a solid electrolyte layer" in paragraph [0017] and part number 30 in FIG. 1) disposed between the positive electrode and the negative electrode (see e.g. "the solid electrolyte layer is between the positive electrode layer and the negative electrode layer" in paragraph [0017] and FIG. 1), wherein the negative electrode comprises a negative electrode current collector (see e.g. "the negative electrode layer includes a negative current collector" in paragraph [0017] and part number 21 in FIG. 1), and a negative active material layer between the negative electrode current collector and the solid electrolyte (see e.g. "a negative active material layer" in paragraph [0017] and part number 22 in FIG. 1), the negative active material layer comprises a particulate carbon (see e.g. "the negative active material layer includes amorphous carbon (C)" in paragraph [0017]) and a negative active material that forms an alloy or a compound with lithium (see e.g. "a negative active material layer, which is capable of forming an alloy or a compound with lithium" in paragraph [0021]), a content of the negative active material per unit area of the negative active material layer is about 0.05 milligram per square centimeter to about 5 milligram per square centimeter (see e.g. "the negative active material layer may be in the range of about 0.05 milligram per square centimeter (mg/cm2) to about 5 mg/cm2, based on the total weight of the negative active material layer" in paragraph [0010]).
Yashiro discloses a range that overlaps with the range claimed in the instant application. Yashiro discloses the same structure that is claimed in the instant application. In the case where the prior art discloses a range that overlaps with the claimed range and sufficient specificity is shown then the prior art anticipates the claimed range. See MPEP 2131.03 (II).
Yashiro is silent as to the film strength of the negative active material layer and thus does not explicitly disclose a film strength of the negative active material layer is about 50 megapascals to about 250 megapascals. Yashiro, however, discloses a solid secondary battery that has no compositional or structural distinction to the solid secondary battery claimed in the instant application. Therefore, the property of a film strength of the negative active material layer being about 50 megapascals to about 250 megapascals would be inherent and thus anticipated by the prior art. See MPEP 2112 (III) and MPEP 2112.01 (I).
Regarding Claim 2, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses a content of the particulate carbon per unit area of the negative active material layer is about 0.75 milligram per square centimeter (see e.g. Example 3 in Table 1). Within Table 1 Yashiro provides the wt% of Ag, the wt% of CB (carbon black, the particulate carbon in this example), the amount of Ag per unit area (mg/cm2) and the area of the negative active material layer, which is 2 cm2 (see e.g. "The laminated structure was punched to have an area of about 2 cm2 to prepare a negative electrode layer." in paragraph [0107]); from this information the content of carbon per unit area can be calculated as follows:
Mass of Ag = 0.25 mg/cm2 * 2 cm2 = 0.5 mg Ag
Mass of CB = 3 * mass of Ag (Ag and CB are in a weight ratio of 1:3 respectively) = 3 * 0.5 mg Ag = 1.5 mg CB
Thus, the content of carbon black per unit area can be calculated:
Content per unit area of CB = 1.5 mg CB / 2 cm2 = 0.75 mg/cm2
Yashiro discloses a specific point within the range claimed by the instant application, thereby anticipating the claimed ranges. In the case where the prior art teaches a point within the claimed range, the claim is anticipated. See MPEP 2131.03 (I).
Regarding Claim 3, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro does not explicitly disclose that a ratio of a peak area of a D-band to a peak area of a G-band in a Raman spectrum of the particulate carbon is about 1 to about 3. Yashiro, however, discloses a solid secondary battery that has no compositional or structural distinction to the solid secondary battery claimed in the instant application. Therefore, the property of a ratio of a peak area of a D-band to a peak area of a G-band in a Raman spectrum of the particulate carbon being about 1 to about 3 would be inherent and thus anticipated by the prior art. See MPEP 2112 (III) and MPEP 2112.01 (I). Regarding Claim 4, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that a ratio of a content of the negative active material per unit area of the negative active material layer to a content of the particulate carbon per unit area of the negative active material layer is 0.33. This can be calculated as follows:
Yashiro discloses that the content of negative active material per unit area is 0.25 mg/cm2 (see e.g. 0.25 mg/cm2 Ag in Example 3 of Table 1). Furthermore, in this example the content of the particulate carbon per unit area can be calculated (see claim 2 rejection above) when calculated it is found to be 0.75 mg/cm2. Therefore, 0.25 mg/cm2 Ag / 0.75 mg/cm2 CB = 0.33.
Yashiro discloses a specific point within the range claimed by the instant application, thereby anticipating the claimed ranges. In the case where the prior art teaches a point within the claimed range, the claim is anticipated. See MPEP 2131.03 (I).
Regarding Claim 6, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the negative active material comprises an alloy-forming element comprising gold, platinum, palladium, silicon, silver, aluminum, bismuth, zinc, or a combination thereof (see e.g. "The negative active material layer 22 may further include... Au (gold), Pt (platinum), Pd (palladium, Si (silicon), Al (aluminum), Bi (bismuth), Zn (zinc)or a combination thereof in addition to Ag (silver)" in paragraph [0066]).
Regarding Claim 7, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the negative active material is in a particulate form, and a particle diameter of the negative active material is about 20 nanometers to about 1 micrometer (see e.g. "When present in the particle form, an average particle diameter d50 (diameter or average diameter) of Ag may be in the range of about 20 nanometers (nm) to about 1 micrometer (μm)" in paragraph [0065]).
Yashiro discloses a specific range that falls within the range claimed by the instant application, thereby anticipating the claimed ranges. In the case where the prior art teaches a range that falls within the claimed range, the claim is anticipated. See MPEP 2131.03 (I).
Regarding Claim 8, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that he negative active material layer further comprises a binder (se e.g. "The negative active material layer 22 may further include a binder." in paragraph [0068]), and the binder is polyvinylidene fluoride, styrene-butadiene rubber, polytetrafluoroethylene, polyethylene, or a combination thereof (see e.g. " Materials constituting the binder may be a resin material, such as styrene butadiene rubber (SBR), polytetrafluoroethylene, polyvinylidene fluoride, or polyethylene." in paragraph [0068]).
Regarding Claim 10, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the positive electrode comprises a positive active material layer, and the negative electrode comprises a negative active material layer, and a ratio of a charge capacity of the negative active material layer to a charge capacity of the positive active material layer satisfies Equation 1:
0.01 ≤ b/a ≤ 0.5 (1)
wherein a is a charge capacity of a positive active material layer, and b is a charge capacity of a negative active material layer (see e.g. paragraph [0082]).
Regarding Claim 11, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the thickness of the negative active material layer is 10 micrometers (see e.g. "10 µm" in Example 3 of Table 1).
Yashiro discloses a specific point within the range claimed by the instant application, thereby anticipating the claimed ranges. In the case where the prior art teaches a point within the claimed range, the claim is anticipated. See MPEP 2131.03 (I).
Regarding Claim 15, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the solid electrolyte comprises a binder (see e.g. "The solid electrolyte layer 30 may further include a binder" in paragraph [0080]).
Regarding Claim 16, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro does not explicitly disclose that an arithmetic average height of a surface of the solid electrolyte in contact with the negative active material layer is about 0.05 micrometer to about 0.6 micrometer. Yashiro, however, discloses a solid secondary battery that has no compositional or structural distinction to the solid secondary battery claimed in the instant application. Therefore, the property of a ratio of an arithmetic average height of a surface of the solid electrolyte in contact with the negative active material layer being about 0.05 micrometer to about 0.6 micrometer would be inherent and thus anticipated by the prior art. See MPEP 2112 (III) and MPEP 2112.01 (I).
Regarding Claim 17, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that a lithium deposition layer exists between the negative electrode current collector and the negative active material layer, wherein the lithium deposition layer comprises lithium metal, a lithium alloy, or a combination thereof (see e.g. " a metal layer 23 including lithium, e.g., lithium as a primary component, may be formed in the negative electrode layer 20" and "The metal layer 23 may be deposited and located between the negative current collector 21 and the negative active material layer 22" in paragraph [0055] and part number 23 in FIG. 2).
Regarding Claim 19, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the positive electrode comprises a positive active material layer (see e.g. "positive active material layer" in paragraph [0008] and part number 12 in FIG. 1), and the negative electrode comprises a negative active material layer (see e.g. "negative active material layer" in paragraph [0008] and part number 22 in FIG. 1), and the positive active material comprises lithium cobalt oxide, lithium nickel oxide, lithium nickel cobalt oxide, lithium nickel cobalt aluminum oxide, l lithium manganate, lithium iron phosphate, lithium sulfide, sulfur, iron oxide, or combination thereof. (see e.g. "Examples of the positive active material may be lithium transition metal compounds such as lithium cobalt oxide (LCO), lithium nickel oxide, lithium nickel cobalt oxide, lithium nickel cobalt aluminum oxide (NCA), lithium manganate, lithium iron phosphate, lithium sulfide, or a combination of thereof." in paragraph [0045]).
Regarding Claim 20, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the positive active material is a lithium transition metal oxide having a layered structure represented by LiNixCoyAlzO2 (NCA) or LiNixCoyMnzO2 (NCM) where 0<x<1, 0<y<1, 0<z<1, and x+y+z=1 (see e.g. "lithium transition metal oxide having a layered rock-salt type structure include ternary transition metal oxides represented by the formula LiNixCoyAlzO2 (NCA) or LiNixCoyMnzO2 (NCM) (where 0<x<1, 0<y<1, 0<z<1, and x+y+z=1)" in paragraph [0047]). This disclosure maps directly onto the claimed formulas as follows:
Formula 2 (LiNixCoyMnzO2):
• Yashiro expressly teaches LiNixCoyMnzO (NCM).
• The claim requires 0.3≤x≤0.95, 0≤y≤0.2, 0≤z≤0.2, and x+y+z=1.
• Yashiro teaches 0<x<1, 0<y<1, 0<z<1, and x+y+z=1.
Formula 3 (LiNixCoyAlzO2):
• Yashiro expressly teaches LiNixCoyAlzO2 (NCA).
• The claim requires 0.3≤x≤0.95, 0≤y≤0.2, 0≤z≤0.2, and x+y+z=1.
• Yashiro teaches 0<x<1, 0<y<1, 0<z<1, and x+y+z=1.
Yashiro discloses ranges that fall within or overlap with the range claimed by the instant application, thereby anticipating the claimed ranges. In the case where the prior art teaches a range that falls within or overlaps with the claimed range, the claim is anticipated. See MPEP 2131.03 (I).
Regarding Claim 21, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that the positive electrode comprises a positive active material layer (see e.g. "The positive active material layer 12 may include a positive active material" in paragraph [0041] and part number 22 in FIG. 1), and the positive active material layer further comprises a second solid electrolyte (see e.g. "The positive active material layer 12 may include... a solid electrolyte" in paragraph [0041]), wherein the solid electrolyte and the second solid electrolyte are the same or different (see e.g. "The solid electrolyte included in the positive active material layer 12 may be the same type as or different type from that of a solid electrolyte included in the solid electrolyte layer" in paragraph [0050]).
Regarding Claim 22, Yashiro discloses the solid secondary battery of claim 21 (see claim 21 rejection above). Yashiro further discloses that the second solid electrolyte comprises a sulfide solid electrolyte (see e.g. "solid electrolyte layer may include a sulfide-based solid electrolyte" in paragraph [0015] and "The solid electrolyte included in the positive active material layer 12 may be the same type... of a solid electrolyte included in the solid electrolyte layer" in paragraph [0050]).
Regarding Claim 25, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro further discloses that a compression applied to the solid secondary battery is about 1 megapascal or less (see e.g. paragraph [0016]). While Yashiro does not explicitly state that the compression is applied “during charge and discharge,” the disclosed compression is the same as the claimed compression, and the claim does not require that the compression vary depending on operating state. Yoshiro discloses the same range as the range claimed by the instant application, thereby anticipating the claimed ranges. In the case where the prior art teaches the same range as the claimed range, the claim is anticipated. See MPEP 2131.03 (I).
Yashiro also does not explicitly disclose that a temperature of the solid secondary battery during charge and discharge is about 40° C or less. Yashiro, however, discloses a solid secondary battery that has no compositional or structural distinction to the solid secondary battery claimed in the instant application. Therefore, the property of a temperature of the solid secondary battery during charge and discharge being about 40° C or less would be inherent and thus anticipated by the prior art. See MPEP 2112 (III) and MPEP 2112.01 (I).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yashiro et al. (US-20200373609-A1) as applied to claim 1 above, and further in view of Mei et al. (US-20050238948-A1).
Regarding Claim 5, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro is silent as to the average primary particle diameter of the particulate carbon being about 5 nanometers to about 55 nanometers. Mei, however, in the same field of endeavor high power density negative electrodes discloses a carbon black particulate carbon that is 50 nanometer (see e.g. "carbon black having an average primary particle diameter of 50 nm" in paragraph [0061] of Mei).
Mei discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Mei further teaches that in using carbon black of this type the pore size can be optimize resulting in an excellent electrode with high output capable of improving diffusion of ions (see e.g. paragraph [0081] of Mei). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use the teachings of Mei in order to optimize the particulate carbon used and improve the negative electrode as taught be Mei.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yashiro et al. (US-20200373609-A1) as applied to claim 8 above, and further in view of Kim et al. (US-20080145758-A1).
Regarding Claim 9, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro is silent as to a content of the binder is about 1 weight percent to about 20 weight percent, with respect to a total weight of the negative active material layer.
Kim, however, in the same field of endeavor, high energy density all solid secondary batteries, discloses a content of the binder is 10 weight percent, with respect to a total weight of the negative active material layer (see e.g. "0 wt % of a polytetrafluoroethylene binder in an N-methyl pyrrolidone solvent" in paragraph [0158] of Kim).
Kim discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Kim further teaches that the negative active material has high capacity and excellent cycle-life characteristics and can provide a rechargeable lithium battery having high capacity at high-rate charge and discharge (see e.g. paragraph [0168]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use the teachings of Kim in order to have a negative active material has high capacity and excellent cycle-life characteristics as taught by Kim.
Claims 12-13 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Yashiro et al. (US-20200373609-A1) as applied to claim 1 above, and further in view of Takami et al. (US-2018027788-5A1).
Regarding Claim 12, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro does not disclose that the solid electrolyte comprises an oxide solid electrolyte.
Takami, however, in the same field of endeavor, high energy density secondary batteries discloses a solid electrolyte that comprises an oxide solid electrolyte (see e.g. " The solid electrolyte is preferably an oxide such as LATP (Li1+xAlxTi2-x(PO4)3, 0.1≤x≤0.4)" in paragraph [0104]).
Takami further teaches that by using an oxide solid electrolyte it is possible to provide a secondary battery having excellent large-current performance, cycle performance, and storage performance (see e.g. paragraph [0185]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use the teachings of Takami in order to provide a secondary battery having excellent large-current performance, cycle performance, and storage performance as taught by Takami.
Regarding Claim 13, Yashiro in view of Takami discloses the solid secondary battery of claim 12 (see claim 12 rejection above). Yashiro does not disclose that the oxide solid electrolyte comprises Li1+x+yAlxTi2-x SiyP3-yO12 wherein 0<x<2 and 0≤y<3, BaTiO3, Pb(Zr1-xTix)O3 wherein 0≤x≤1, Pb1-xLaxZr1-yTiyO3 wherein 0≤x<1 and 0≤y<1, Pb(Mg1/3Nb2/3)O3-PbTiO3, HfO2, SrTiO3, SnO2, CeO2, Na2O, MgO, NiO, CaO, BaO, ZnO, ZrO2, Y2O3, Al-2O3, TiO2, SiO2, Li3PO4, LixTiy(PO4)3 wherein 0<x<2 and 0<y<3, LixAlyTiz(PO4)3 wherein 0<x<2, 0<y<1, and 0<z<3, Li1+x+y(Al1-pGap)x(Ti1-qGeq)2-xSiyP3-yO12 wherein 0≤x≤1, 0<y<1, 0≤p≤1, and 0≤q≤1, LixLayTiO3 wherein 0<x<2 and 0<y<3, Li2O, LiOH, Li2CO3, LiAlO2, Li2O-Al2O3- SiO2-P2O5-TiO2-GeO2, Li3+xLa3M2O12 wherein M is Te, Nb, Zr, or a combination thereof, and 0≤x≤10, Li7La3Zr2-xTaxO12 wherein 0<x<2, or a combination thereof.
Takami, however, discloses that the solid electrolyte comprises Li1+xAlxTi2-x(PO4)3 where 0.1≤x≤0.4 (see e.g. " " The solid electrolyte is preferably an oxide such as LATP (Li1+xAlxTi2-x(PO4)3, 0.1≤x≤0.4)" in paragraph [0104]). This corresponds directly with the claimed species Li1+xAlxTi2-x(PO4)3 wherein 0<x<2, 0<y<1, and 0<z<3.
Takami discloses a range that lies within the range claimed by the instant application. In the case where the prior art discloses a range within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Takami further teaches that by using an oxide solid electrolyte it is possible to provide a secondary battery having excellent large-current performance, cycle performance, and storage performance (see e.g. paragraph [0185]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use the teachings of Takami in order to provide a secondary battery having excellent large-current performance, cycle performance, and storage performance as taught by Takami.
Regarding Claim 23, Yashiro discloses the solid secondary battery of claim 1 (see claim 1 rejection above). Yashiro does not disclose that the positive electrode comprises a positive active material layer, and the positive active material layer comprises a liquid electrolyte, and the negative electrode and the solid electrolyte are each free of the liquid electrolyte.
Takami, however, discloses a positive electrode that comprises a positive active material layer (see e.g. "a positive electrode active material-containing layer" in paragraph [0088] of Takami), and the positive active material layer comprises a liquid electrolyte (see e.g. "The first electrolyte is held at least in the positive electrode. The first electrolyte contains a lithium salt and an aqueous solvent. The first electrolyte is an aqueous electrolyte." in paragraph [0031] of Takami), and the negative electrode and the solid electrolyte are each free of the liquid electrolyte (see e.g. "It is therefore possible to distribute most of the second electrolyte in the negative electrode while distributing most of the first electrolyte in the positive electrode" in paragraph [0050] and "the first electrolyte is contained at least in the positive electrode" in paragraph [0117]) of Takami).
Takami further teaches that if the first electrolyte exists at least in the positive electrode, the practicality can be ensured while suppressing the manufacturing cost and it is therefore possible to provide a practical secondary battery having excellent large-current performance, cycle life performance, and storage performance (see e.g. paragraph [0022] of Takami). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use the teachings of Takami in order to provide a practical secondary battery having excellent large-current performance, cycle life performance, and storage performance as taught by Takami.
Regarding Claim 24, Yashiro in view of Takami discloses the solid secondary battery of claim 23 (see claim 23 rejection above). Yashiro does not disclose that the liquid electrolyte comprises a lithium salt, an ionic liquid, a polymer ionic liquid, or a combination thereof.
Takami, however, discloses that the liquid electrolyte comprises a lithium salt (see e.g. "The first electrolyte contains a lithium salt" in paragraph [0031] of Takami).
Takami further teaches that if the first electrolyte exists at least in the positive electrode, the practicality can be ensured while suppressing the manufacturing cost and it is therefore possible to provide a practical secondary battery having excellent large-current performance, cycle life performance, and storage performance (see e.g. paragraph [0022] of Takami). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use the teachings of Takami in order to provide a practical secondary battery having excellent large-current performance, cycle life performance, and storage performance as taught by Takami.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yashiro et al. (US-20200373609-A1) as applied to claim 17 above, and further in view of Duggal et al. (US-20210359338-A1).
Regarding Claim 18, Yashiro discloses the solid secondary battery of claim 17 (see claim 17 rejection above). Yashiro is silent as to a thickness of the lithium deposition layer being about 10 micrometers to about 60 micrometers. Duggal, however, in the same field of endeavor, high energy density solid state secondary batteries, discloses a lithium deposition layer on the anode that has a thickness of 10 micrometers (see e.g. "lithium metal deposited on the anode (about 10 micrometers)" in paragraph [0038]).
Duggal discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Duggal further teaches that this solid state secondary battery has increased safety that can reduce metal dendrite formation at high current densities and provide a solid state battery with higher energy density and reduced manufacturing cost (see e.g. paragraph [0008]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to use the teachings of Duggal in order to manufacture a battery that has increased safety that can reduce metal dendrite formation at high current densities and provide a solid state battery with higher energy density and reduced manufacturing cost as taught by Duggal.
Claims 26 is rejected under 35 U.S.C. 103 as being unpatentable over Yashiro et al. (US-20200373609-A1) as applied to claim 1 above, and further in view of Schmieder et al. (US-20210408573-A1).
Regarding Claim 26, Yashiro discloses a solid secondary battery (see e.g. " all-solid lithium secondary battery" in Abstract and FIG. 1) comprising: a positive electrode (see e.g. "a positive electrode layer" in paragraph [0017] and part number 10 in FIG. 1); a negative electrode (see e.g. "a negative electrode layer" in paragraph [0017] and part number 20 in FIG. 1); and a solid electrolyte (see e.g. "a solid electrolyte layer" in paragraph [0017] and part number 30 in FIG. 1) disposed between the positive electrode and the negative electrode (see e.g. "the solid electrolyte layer is between the positive electrode layer and the negative electrode layer" in paragraph [0017] and FIG. 1), wherein the negative electrode comprises a negative electrode current collector (see e.g. "the negative electrode layer includes a negative current collector" in paragraph [0017] and part number 21 in FIG. 1), and a negative active material layer between the negative electrode current collector and the solid electrolyte (see e.g. "a negative active material layer" in paragraph [0017] and part number 22 in FIG. 1), the negative active material layer comprises a particulate carbon (see e.g. "the negative active material layer includes amorphous carbon (C)" in paragraph [0017]) and a negative active material that forms an alloy or a compound with lithium (see e.g. "a negative active material layer, which is capable of forming an alloy or a compound with lithium" in paragraph [0021]), a content of the negative active material per unit area of the negative active material layer is about 0.05 milligram per square centimeter to about 5 milligram per square centimeter (see e.g. "the negative active material layer may be in the range of about 0.05 milligram per square centimeter (mg/cm2) to about 5 mg/cm2, based on the total weight of the negative active material layer" in paragraph [0010]).
Yashiro discloses a range that overlaps with the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Yashiro is silent as to the film strength of the negative active material layer and thus does not explicitly disclose a film strength of the negative active material layer is about 50 megapascals to about 250 megapascals. Yashiro, however, discloses a solid secondary battery that has no compositional or structural distinction to the solid secondary battery claimed in the instant application. Therefore, the property of a film strength of the negative active material layer being about 50 megapascals to about 250 megapascals would be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I).
Yashiro does not disclose a solid secondary battery module comprising: a solid secondary battery stack comprising a plurality of the solid secondary battery of claim 1; and a support member disposed on a side of the solid secondary battery stack, wherein a compression applied by the support member to the solid secondary battery stack is about 1 megapascal or less.
Schmieder, however, in the same field of endeavor, battery packs for solid state secondary batteries discloses a solid secondary battery module comprising: a solid secondary battery stack (see e.g. "a battery pack with a plurality of battery cells" in paragraph [0010] and FIG. 2 of Schmieder) comprising a plurality of the solid secondary battery of claim 1 (see Yashiro rejection above) a support member disposed on a side of the solid secondary battery stack (see e.g. "spring" in paragraph [0018] and part number 44 in FIG. 2) wherein there is a compression applied by the support member to the solid secondary battery stack (see e.g. " The at least one spring element is pretensioned, which means that it is designed to output the pretensioning force directly to the outside, in particular in the direction of the battery pack" in paragraph [0018] of Schmieder).
Yashiro in view of Schmieder is silent as to the compression force applied by the support member to the solid secondary battery stack being about 1 megapascal or less. Yashiro in view of Schmieder, however, discloses a solid secondary battery module that has no structural or compositional distinction to the solid secondary battery module claimed in the instant application. Therefore, the compression force applied by the support member to the solid secondary battery stack being about 1 megapascal or less would be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Inoue et al. (US-20150340691-A1)
Mochizuki et al. (US-20210234194-A1)
Mukai et al. (US-20220293948-A1)
Nishiura et al. (US-20180241076-A1)
Li et al. (US-20210091408-A1)
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/J.J.E./Examiner, Art Unit 1723
/MILTON I CANO/Supervisory Patent Examiner
Art Unit 1723