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 .
Status of Claims and Other Notes
Claims 3–6, 9, 11–13, 16, and 18–20 are pending.
Claims 1, 2, 7, 8, 10, 14, 15, and 17 are pending.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0069196 A1.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 3–18 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim Interpretation
Claims 3 and 4 recites the limitation "wherein the polymer electrolyte layer consists of a composite comprising." Emphases added. The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. In re Gray, 53 F.2d 520, 11 USPQ 255 (CCPA 1931); Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948). See MPEP § 2111.03 II. The transitional term "comprising", which is synonymous with "including," "containing," or "characterized by," is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP § 2111.03 I. The exclusive transitional phrase of "consists of" relates only to "the polymer electrolyte layer;" and the inclusive transitional phrase of "comprising" relates to "a composite." The term composite is defined as made up of various parts or elements (see composite, New Oxford American Dictionary). The limitation "wherein the polymer electrolyte layer consists of a composite comprising" requires the polymer electrolyte layer to be composed of only a composite. However, the composite can contain additional, unrecited ingredients.
Claim Rejections - 35 USC § 103
Claims 3, 5, 6, 9, 11, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Isojima et al. (WO 2021/039949 A1; see English language equivalent, US 2022/0181680 A1; or US 2022/0181680 A1, hereinafter Isojima) in view of Mimura et al. (WO 2019/017310 A1; see English language equivalent, US 2020/0099089 A1; hereinafter Mimura).
Regarding claims 3 and 18, Isojima discloses a polymer-based solid-state battery (10) having a positive electrode (4); a negative electrode (2); and a polymer electrolyte layer (3) disposed between the positive electrode (4) and the negative electrode (2, [0324]), wherein the polymer electrolyte layer (3) consists of a composite (3) comprising:
a fluorine-containing copolymer that comprises a tetrafluoroethylene unit and a vinylidene fluoride unit (see PVdF-HFP-TFE, [0211]), and
an alkali metal salt (see lithium salt, [0295]),
wherein a content of the VdF unit in the fluorine-containing copolymer is 35.0 mol% or more and 75.0 mol% or less (see mass ratio, [0211]), and
a content of the TFE unit in the fluorine-containing copolymer is 4.0 mol% or more and 57.0 mol% or less, with respect to all monomer units (see mass ratio, [0211]), and
the fluorine-containing copolymer further comprises 5.0 to 42 mol % of a hexafluoropropylene unit with respect to all monomer units (see mass ratio, [0211]).
Isojima discloses a fluorine-containing copolymer that comprises a tetrafluoroethylene unit, a vinylidene fluoride unit, and a hexafluoropropylene unit with a mass ratio of [PVdF:HFP:TFE] of 20 to 60:10 to 40:5 to 30 (see PVdF-HFP-TFE, [0211]), which corresponds to a content of the VdF unit in the fluorine-containing copolymer is 35.0 mol% or more and 75.0 mol% or less, and a content of the TFE unit in the fluorine-containing copolymer is 5.0 mol% or more and 40.0 mol% or less, with respect to all monomer units, and the fluorine-containing copolymer further comprises 5.0 to 42 mol % of a hexafluoropropylene unit with respect to all monomer units.
Although Isojima does not explicitly disclose a range of 60.0 mol% or more and 95.0 mol% or less, Isojima does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Although Isojima does not explicitly disclose a range of 5.0 mol% or more and 40.0 mol% or less, Isojima does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Although Isojima does not explicitly disclose a range of 0.1 to 10 mol % or 0.1 to 5.1 mol%, Isojima does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claim 5, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery:
wherein the alkali metal salt is at least one lithium salt selected from LiPF6, LiBF4, LiTFSI, LiFSI, LiPO2F2, and LiBOB (see lithium salt, [0295]), and
a content of the alkali metal salt is 0.1 to 90 mass % with respect to the fluorine-containing copolymer (see lithium salt, [0296]).
Regarding claim 6, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery, wherein the composite further comprises:
an ionic liquid (see additives, [0300]).
Isojima does not explicitly disclose:
at least one ionic liquid selected from combinations of 1-butyl-3-methyl imidazolium (BMI) cation or N-methyl-N-butyl-pyrrolidium (Pyr14) cation as an organic cation and BF4 anion or bis(trifluoromethanesulfonyl) imide (TFSI) anion as an anion,
wherein a content of the ionic liquid is 1.0 to 500 mass % with respect to the fluorine-containing copolymer.
Mimura discloses a polymer electrolyte comprising at least one ionic liquid selected from combinations of 1-butyl-3-methyl imidazolium (BMI) cation or N-methyl-N-butyl-pyrrolidium (Pyr14) cation as an organic cation and BF4 anion or bis(trifluoromethanesulfonyl) imide (TFSI) anion as an anion (see ionic liquid, [0269], wherein a content of the ionic liquid is 1.0 to 500 mass % with respect to the fluorine-containing copolymer ([0159], [0271]) to improve the ion conductivity of the polymer electrolyte (see ionic liquid, [0259]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the polymer electrolyte of Isojima with the ionic liquid of Mimura in order to improve the ion conductivity of the polymer electrolyte.
Regarding claim 9, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery:
wherein the battery (10) is a lithium ion secondary battery (FIG. 1, [0324]).
Regarding claim 11, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery:
wherein the fluorine-containing copolymer has a total content of the TFE unit and the VdF unit of 40 to 95 mol % (see mass ratio, [0211]).
Although Isojima does not explicitly disclose a range of 65 to 99 mol %, Isojima does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claim 19, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery, wherein the composite further comprises:
an ionic liquid (see additives, [0300]).
Claims 4, 12, 13, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Isojima (WO 2021/039949 A1; see English language equivalent, US 2022/0181680 A1; or US 2022/0181680 A1) in view of Mimura (WO 2019/017310 A1; see English language equivalent, US 2020/0099089 A1) and Nakamura et al. (EP 1049108 A1, hereinafter Nakamura).
Regarding claim 4, Isojima discloses a polymer-based solid-state battery (10) having a positive electrode (4); a negative electrode (2); and a polymer electrolyte layer (3) disposed between the positive electrode (4) and the negative electrode (2, [0324]), wherein the polymer electrolyte layer (3) consists of a composite (3) comprising:
a fluorine-containing copolymer that comprises a tetrafluoroethylene unit and a vinylidene fluoride unit (see fluorine-containing polymer, [0211]), and
an alkali metal salt (see lithium salt, [0295]).
Isojima does not explicitly disclose:
wherein the composite has a volatile content of 0.1 mass % or less with respect to the entire composite, the volatile content being determined by measuring a change in mass of the composite before and after heating at 100°C under reduced pressure for 48 hours.
Mimura discloses a polymer electrolyte (3) consisting of a composite (3, [0297]) comprising a fluorine-containing copolymer that comprises a tetrafluoroethylene unit or a vinylidene fluoride unit (see fluorine-containing resin, [0240]), and an alkali metal salt (see metal salt, [0097]), wherein the composite has a volatile content of 0.1 mass % or less with respect to the entire composite, the volatile content being determined by measuring a change in mass of the composite before and after heating at 100°C under reduced pressure for 48 hours to improve the battery performance of all-solid state secondary battery (see no volatile component, [0279]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the polymer electrolyte of Isojima with the volatile content of Mimura in order to improve the battery performance of all-solid state secondary battery.
Modified Isojima does not explicitly disclose:
wherein the fluorine-containing copolymer consists of the TFE unit and the VdF unit, and
wherein a content of the VdF unit in the fluorine-containing copolymer is 60.0 mol% or more and 95.0 mol% or less, and
a content of the TFE unit in the fluorine-containing copolymer is 5.0 mol% or more and 40.0 mol% or less, with respect to all monomer units.
Nakamura discloses a polymer electrolyte comprising a fluorine-containing copolymer that comprises a tetrafluoroethylene unit and a vinylidene fluoride unit, wherein the fluorine-containing copolymer consists only of the TFE unit and the VdF unit (TABLE 1, [0047]), and wherein a content of the VdF unit in the fluorine-containing copolymer is 60.0 mol% or more and 95.0 mol% or less (TABLE 1, [0047]), and a content of the TFE unit in the fluorine-containing copolymer is 5.0 mol% or more and 40.0 mol% or less, with respect to all monomer units (TABLE 1, [0047]) to improve the strength of the polymer electrolyte (TABLE 1, [0057]). Isojima and Nakamura are analogous because they are directed to polymer electrolytes. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the fluorine-containing copolymer of Isojima with only a tetrafluoroethylene unit and a vinylidene fluoride unit of Nakamura in order to improve the strength of the polymer electrolyte.
Regarding claim 12, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery:
wherein the alkali metal salt is at least one lithium salt selected from LiPF6, LiBF4, LiTFSI, LiFSI, LiPO2F2, and LiBOB (see lithium salt, [0295]), and
a content of the alkali metal salt is 0.1 to 90 mass % with respect to the fluorine-containing copolymer (see lithium salt, [0296]).
Regarding claim 13, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery, wherein the composite further comprises:
an ionic liquid (see additives, [0300]).
Isojima does not explicitly disclose:
at least one ionic liquid selected from combinations of 1-butyl-3-methyl imidazolium (BMI) cation or N-methyl-N-butyl-pyrrolidium (Pyr14) cation as an organic cation and BF4 anion or bis(trifluoromethanesulfonyl) imide (TFSI) anion as an anion,
wherein a content of the ionic liquid is 1.0 to 500 mass % with respect to the fluorine-containing copolymer.
Mimura discloses a polymer electrolyte comprising at least one ionic liquid selected from combinations of 1-butyl-3-methyl imidazolium (BMI) cation or N-methyl-N-butyl-pyrrolidium (Pyr14) cation as an organic cation and BF4 anion or bis(trifluoromethanesulfonyl) imide (TFSI) anion as an anion (see ionic liquid, [0269], wherein a content of the ionic liquid is 1.0 to 500 mass % with respect to the fluorine-containing copolymer ([0159], [0271]) to improve the ion conductivity of the polymer electrolyte (see ionic liquid, [0259]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the polymer electrolyte of Isojima with the ionic liquid of Mimura in order to improve the ion conductivity of the polymer electrolyte.
Regarding claim 16, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery:
wherein the battery (10) is a lithium ion secondary battery (FIG. 1, [0324]).
Regarding claim 20, modified Isojima discloses all the claim limitations as set forth above and further discloses a polymer-based solid-state battery, wherein the composite further comprises:
an ionic liquid (see additives, [0300]).
Response to Arguments
Applicant's arguments filed 18 May 2026 have been fully considered but they are not persuasive.
Applicants argue the applied prior art documents do not teach or suggest a polymer-based solid-state battery having a positive electrode; a negative electrode; and a polymer electrolyte layer disposed between the positive electrode and the negative electrode, wherein the polymer electrolyte layer consists of the recited composite (P8/¶1). Claims 3 and 4 recites the limitation "wherein the polymer electrolyte layer consists of a composite comprising." Emphases added. The transitional phrase "consisting of" excludes any element, step, or ingredient not specified in the claim. In re Gray, 53 F.2d 520, 11 USPQ 255 (CCPA 1931); Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948). See MPEP § 2111.03 II. The transitional term "comprising", which is synonymous with "including," "containing," or "characterized by," is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP § 2111.03 I. The exclusive transitional phrase of "consists of" relates only to "the polymer electrolyte layer;" and the inclusive transitional phrase of "comprising" relates to "a composite." The term composite is defined as made up of various parts or elements (see composite, New Oxford American Dictionary). The limitation "wherein the polymer electrolyte layer consists of a composite comprising" requires the polymer electrolyte layer to be composed of only a composite. However, the composite can contain additional, unrecited ingredients. Isojima discloses a polymer-based solid-state battery (10) having a positive electrode (4); a negative electrode (2); and a polymer electrolyte layer (3) disposed between the positive electrode (4) and the negative electrode (2, [0324]), wherein the polymer electrolyte layer (3) consists of a composite (TABLE 3, [0516]). Mimura also discloses a polymer-based solid-state battery (10) having a positive electrode (4); a negative electrode (2); and a polymer electrolyte layer (3) disposed between the positive electrode (4) and the negative electrode (2, [0297]), wherein the polymer electrolyte layer (3) consists of a composite (TABLE 3, [0353]). Therefore, the applied prior art documents teach and suggest a polymer-based solid-state battery having a positive electrode; a negative electrode; and a polymer electrolyte layer disposed between the positive electrode and the negative electrode, wherein the polymer electrolyte layer consists of the recited composite.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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