DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 14 April 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment and Arguments
Applicant’s amendment does not distinguish from Yoon.
Applicant’s arguments in light of the amendment have been fully considered.
With respect to Yoon, Applicant argues that Yoon fails to teach the sulfide solid electrolyte is yLil·zLiBr (100 - y - z)(xLi₂S (1 - x)P2S5) wherein 0.7 ≤ x ≤ 0.8, 0 ≤ y ≤ 30, 0 ≤ Z ≤ 30) as amended. The examiner disagrees. Yoon exemplifies the sulfide electrolytes as Li₂S -P2S5 in a mole% ratio of 80:20 ([0110]), i.e., 0.8 Li₂S·0.2 P2S5, which meets the claimed formula yLil·zLiBr (100 - y - z)(xLi₂S (1 - x)P2S5, wherein x is 0.8, y is 0 and z is 0.
With respect to new claim 11, Applicant’s arguments are moot as they do not apply to the current rejection.
Claim Rejections - 35 USC § 103
Claims 1, 3-5 and 9-10 stand rejected under 35 U.S.C. 103 as being unpatentable over Yoon.
Regarding claims 1 and 3-5, Yoon teaches an electrode active material layer for all solid state battery comprises an electrode active material, a solid electrolyte and a solvent ([0013]), Figure 1 and [0100]), wherein the solid electrolyte is a sulfide based solid electrolyte([0021]), and the solvent includes tetralin ([0070]), which meets the claimed residual liquid thus inherently the claimed δp and boiling point.
Yoon exemplifies the sulfide electrolytes as Li₂S -P2S5 in a mole% ratio of 80:20 ([0110]), i.e., 0.8 Li₂S·0.2 P2S5, which meets the claimed formula yLil·zLiBr (100 - y - z)(xLi₂S (1 - x)P2S5, wherein x is 0.8, y is 0 and z is 0.
Yoon does not expressly discloses the instantly claimed amount of residual liquid in the electrode layer, however, Yoon teaches that heat treatment of the electrode layer to remove/reduce solvent by applying a temperature of 20 to 150° C. for about 10 to 50 minutes ([0098]), which is similar to the instant disclosed (instant disclosure [0045]), absent evidence to the contrary, one of ordinary skill in the art would have reasonable basis to expect that the amount of the residual solvent would be the same as the instantly claimed given the same solvent undergoing the same heating/drying process. Further, a person of ordinary skill in the art would have been motivated to adjust the amount of the residual tetralin in the electrode layer in order to obtain a workable product.
Regarding claim 9, Yoon teaches that the electrode layer can be an anode layer ([0090] and [0096]).
Regarding claim 10, Yoon teaches an all solid state battery comprises an cathode, a solid electrolyte and an anode stacked together ([0005] and [0100]), wherein the cathode and/or the anode comprises the electrode active material layer ([0090]).
Claims 1, 3-5 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0088949A1 (Makino).
Regarding claims 1, 3-5, 9 and 11, Makino teaches a negative electrode active material layer for all solid batteries comprises a negative electrode active material exemplified as lithium titanium oxide LTO (Table 3, N-2) ([0166], [0187] and [0323]), which meets the claimed lithium titanate; a solid electrolyte exemplified as Li₂S -P2S5 in molar ratio of 75:25, i.e., 0.75 Li₂S·0.25 P2S5 ([0293], [0298]-[0299] and Table 3), which meets the claimed formula yLil·zLiBr (100 - y - z)(xLi₂S (1 - x)P2S5, wherein x is 075, y is 0 and z is 0; and a dispersion medium including tetrahydronaphthalene ([0123], [0216] and [0257]), which meets the claimed tetralin thus inherently the claimed δp and boiling point.
Makino teaches that the dispersion medium may be present in an amount of 1 ppm to 10,000 ppm after drying ([0214]-0216] ), which meets the residue liquid and encompasses the claimed amount of residue liquid.
One of ordinary skill in the art at the time the invention was made would have found it obvious to include the tetralin at the instantly claimed range since it has been held that in the case where the claimed ranges “overlap or lie inside range disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 f. 2d 257,191 USPQ 90(CCPA 1976). See MPEP 2144.05.I.
Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. See MPEP 2144.05, In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980); In re Aller, 220 F2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and In re Hoeschele, 406 F2d 1403, 160 USPQ 809 (CCPA 1969).
Regarding claim 10, Makino teaches an all solid battery comprises the negative electrode active material layer, a solid electrolyte layer and a positive electrode active material layer in this order (Fig. 1, [0043] and [0352]), which meets the claimed battery .
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/ Ph.D., Primary Examiner, Art Unit 1766
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