DETAILED ACTION
Claims 1-6 and 9-10 are pending as amended on 9 March 2026, claims 7, 8 and 11-15 are withdrawn from consideration.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant’s amendments to the claims and the remarks/arguments have been entered and fully considered.
Response to Amendment and Arguments
Applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that US2021/0091369A1 (Dadheech) fails to teach a composite powder layer comprising an electrolyte powder and an electroactive material powder. The examiner disagrees. As set forth in previous Office action, Dadheech teaches a reference electrode assembly in between the two separator layers ([0025] and Fig. 6), wherein the separator may be replaced with a solid state electrolyte that functions as both an electrolyte and a separator ([0070]), and the reference electrode comprises an electroactive layer of electroactive material particles disposed in contact with a surface of a separator layer ([0088], [0103],[0130] and Figs.2A-2C and 4-5), which anticipates the claimed composite layer of solid electrolyte and electroactive material when the separator is replaced with a solid electrolyte ([0070] and [0089]), i.e., the electroactive material particles disposed in contact with the solid electrolyte that serves as both an electrolyte and a separator ([0070]), and the combination of the electroactive material particle and the solid electrolyte serving as the separator meets the limitation of a composite powder layer.
Applicant argues that Dadheech does not teach the reference electrode layer comprises a solid electrolyte phase enabling ionic transport through. Dadheech expressly discloses that the solid electrolyte facilitates transfer of lithium ions ([0070]).
As such the rejections stand and reiterated below.
Claim Rejections - 35 USC § 102
Claims 1-5 stand rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dadheech.
Regarding claim 1, Dadheech teaches a three-electrode electrochemical cell comprises a positive electrode and an negative electrode facing each other, two separator layers interposed between the positive electrode and the negative electrode, with one arranged at one side of the positive electrode, and the other arranged at one side of the negative electrode , and a reference electrode assembly in between the two separator layers ([0025] and Fig. 6).
Dadheech teaches that the separator may be replaced with a solid state electrolyte that functions as both an electrolyte and a separator ([0070]), which anticipates the claimed stack of solid electrolyte layers; and the reference electrode comprises an electroactive layer of electroactive material particles disposed in contact with a surface of a separator layer ([0088], [0103],[0130] and Figs.2A-2C and 4-5), which anticipates the claimed composite layer of solid electrolyte and electroactive material in the embodiment when the separator is replaced with a solid electrolyte ([0070] and [0089]), i.e., the electroactive material particles disposed in contact with the solid electrolyte that serves as both an electrolyte and a separator ([0070]), and the combination of the electroactive material particle and the solid electrolyte serving as the separator meets the limitation of a composite powder layer.
Regarding claim 2, Dadheech teaches the reference electrode comprises a current collector in contact with the electroactive layer and with the separator(i.e., solid electrolyte) ([0085] and Figs 2A-C).
Regarding claim 3, Dadheech teaches the current collector has a primary portion of substantially circular shape that may cover the entire surface area of the separator and the reference electrode, i.e., the electroactive layer ([0099], [0102] and Fig. 4).
Regarding claim 4, Dadheech teaches that the reference electrode/ electroactive layer may be disposed a center of the separator layer, which meets symmetrically positioned in the direction of stacking and through the center of the cell ([0102] and Fig. 4 ).
Regarding claim 5, Dadheech teaches that the solid electrolyte includes Li2S-P2S5 ([0070]).
Claim Rejections - 35 USC § 103
Claim 6 stands rejected under 35 U.S.C. 103 as being unpatentable over Dadheech as applied to claims 1-5 above, and further in view of Liu.
The teachings of Dadheech are set forth above.
While teaching the solid electrolyte includes sulfides such as Li2S-P2S5 ([0070]), Dadheech does not expressly disclose the sulfide is β-Li3PS4.
Liu teaches that Li3PS4 is the most stable chemical in the Li2S-P2S5 system, wherein β- Li3PS4 phase has higher ionic conductivity (p975 and Fig. 1)
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to utilize the β- Li3PS4 of Liu as the solid electrolyte of Dadheech. The rationale to do so would have been the motivation provided by the teachings of Liu that to do so would predictably achieve higher ionic conductivity (p975 and Fig. 1).
Claims 9 and 10 stand rejected under 35 U.S.C. 103 as being unpatentable over Dadheech as applied to claims 1-5 above, and further in view of Tamaki.
The teachings of Dadheech are set forth above.
Regarding claim 9, Dadheech teaches that the electroactive material of the reference electrode includes a material having a constant or substantially constant voltage regardless of state of charge such as lithium titanate ([0103]).
Dadheech does not expressly disclose the lithium titanate is Li4Ti5O12 (LTO).
Tamaki teaches that lithium titanate Li4Ti5O12 (LTO) has a very stable potential which is suitable as active materials as reference electrode in electrochemical cells (col. 6, line 55-60).
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to utilize Li4Ti5O12 (LTO) of Tamaki as the electrochemical active material for the reference electrode of Dadheech since it has been held that it is prima facie obviousness to use a known material based on its suitability for its intended use, in the instant case, a lithium titanate with stable potential as reference active materials. See MPEP 2144.06(II) and 2144.07; In re Fout, 675 F2d 297, 213 USPQ 532 (CCPA 1982); Sinclair & Carroll Co v Interchemical Corp, 325 US 327, 65 USPQ 297 (1945); In re Leshin, 227 F2d 197, 125 USPQ 416 (CCPA 1960) and Ryco, Inc v Ag-Bag Corp, 857 F2d 1418, 8 USPQ2d 1323 (Fed Cir 1988).
Regarding claim 10 , Dadheech teaches that the electroactive material of the negative electrode include lithium titanate such as Li4Ti5O12 (LTO) ([077]), thus identical to the electroactive material of the reference electrode.
Conclusion
THIS ACTION IS MADE FINAL. 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 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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