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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01-30-2026 has been entered.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2016/0056450 hereinafter Yoshikawa in view of U.S. Pre-Grant Publication No. 2014/0087270 hereinafter Yoshida.
Regarding Claim 1, Yoshikawa teaches a positive electrode active material for a battery (see figure 2), the positive electrode active material comprising: a spinel-type complex oxide [LiMn2-xMxO4, wherein x is within a range of 0.22≤x≤0.7]active material (paragraph 9), wherein the active material has a particle diameter d10 within a range of 0.5 to 3 µm and a mode diameter Dmo within a range of 0.15 to 0.4 µm (paragraphs 9, 53).
Yoshikawa further teaches that a ratio of an absolute value of a difference between a mode diameter of the active material and a d10 of the active material to the mode diameter in percentage terms, (|mode diameter-d10|/mode diameter) x 100, is (|0.4-0.5|/0.4) = 25% (see paragraphs 9 and 53 as described above).
Yoshikawa does not specifically disclose that the active material is for use in a solid-state battery and wherein the active material comprises a core particle and a coating layer on a surface of the core particle.
However, Yoshida teaches an active material for a solid-state battery (paragraph 43), the active material comprises a spinel-type complex oxide [LixMyOz] active material (paragraphs 27-29) and a coating layer formed on the surface of the spinel-type complex oxide active material (paragraphs 31-32). Therefore, it would have been obvious to one of ordinary skill in the art to use such coated spinel-type complex oxide active material in the positive electrode (cathode) of the battery before the effective filing date of the claimed invention because Yoshida discloses that the contact area of the coated active material with a solid electrolyte material increases to allow reaction resistance to be inhibited (paragraph 24).
MPEP § 2112.01 states that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
Because the active material recited in the combination of Yoshikawa and Yoshida is substantially identical to that of the claims, claimed properties or functions (i.e., peaks obtained through measurement of an X-ray absorption fine structure) are presumed to be inherent.
Examiner submits that Applicant’s particle size distribution is by volume (see summary of the Applicant specification).
Regarding Claim 2, the combination teaches an active material for a solid-state battery (paragraph 43), the active material comprises a spinel-type complex oxide [LixMyOz] active material and a coating layer formed on the surface of the spinel-type complex oxide active material, wherein the ratio of an absolute value of a difference between a mode diameter of the active material and a d10 of the active material to the mode diameter in percentage terms, (|mode diameter-d10|/mode diameter) x 100, is (|0.4-0.5|/0.4) = 25% (see Yoshikawa and Yoshida described above).
Because the active material recited in the combination of Yoshikawa and Yoshida is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (see MPEP § 2112.01 shown above).
Regarding Claim 3, the combination teaches an active material for a solid-state battery (paragraph 43), the active material comprises a spinel-type complex oxide [LixMyOz] active material and a coating layer formed on the surface of the spinel-type complex oxide active material, wherein the active material has a particle diameter d50 within a range of 2 to 5 µm and a mode diameter Dmo within a range of 0.15 to 0.4 µm (paragraphs 13, 53), and the ratio of an absolute value of a difference between a mode diameter of the active material and a d50 of the active material to the mode diameter in percentage terms, (|mode diameter-d50|/mode diameter) x 100, is in the range of 0%≤ratio≤25%. The combination further teaches large and small average primary particle sizes for the active material (see Yoshikawa and Yoshida described above).
Regarding Claims 4-7, the combination teaches a solid-state battery comprising a positive electrode layer, a negative electrode layer, and a solid electrolyte layer, wherein the positive electrode layer contains the active material described above, wherein the positive electrode comprises the active material and a solid electrolyte, and wherein the solid electrolyte having a crystal phase with an argyrodite-type structure contains elemental lithium (Li), elemental phosphorus (P), and elemental sulfur (S), and has lithium ion conductivity (see the combination of Yoshikawa and Yoshida described above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752