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 . If status of the application as subject to 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 a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 1-2 & 4-17 are pending in the application. Claims 1-2, 4, & 16-17 are withdrawn. Claims 5-15 were rejected in the office action mailed 10/10/2025. Applicant cancelled claim 3. Claims 5-15 are presently examined.
Information Disclosure Statement
The information disclosure statement submitted on 12/5/2025 has been considered by the examiner. The references with a line through them have not been considered by the examiner, because a translation was not provided.
Response to Amendment / Arguments
The amendment filed 1/7/2026, in response to the office action mailed 10/10/2025, has been entered. Applicant’s claim 11 amendment overcame the 35 U.S.C. 112(b) rejection.
Applicant's arguments, regarding the 35 U.S.C. 102 rejections, have been fully considered but they are not persuasive.
Claim 5, based on amended claim 1, now recites:
the porous metal or metalloid anode active material sheet is capable of precipitating lithium into the sheet during charging,
the porous metal or metalloid anode active material sheet includes bismuth (Bi), tin (Sn), silicon (Si), zinc (Zn), silver (Ag), gold (Au), or an alloy thereof
Applicant refers to the following teaching in US20220158226A1 (Chang):
“[0112] The porous anode current collector 21 may be formed of, for example, a material that does not react with lithium, i.e., a material that does not form either an alloy or a compound with lithium. Examples of the material forming the porous anode current collector 21 may be copper (Cu), stainless steel, titanium (Ti), iron (Fe), cobalt (Co), and nickel (Ni)...”
Chang teaches here an embodiment in which the porous anode current collector 21 is made of a material that does not react with lithium. The present claim can’t be anticipated by Chang paragraph 112.
Chang, however, also teaches an embodiment in which the porous anode current collector 21 includes a material that does react with lithium:
“[0051] Lithium metal or a lithiophilic material may be included in the pores of the porous anode current collector. Examples of the lithiophilic material may include a ceramic material such as ZnO or MgO, or a metal such as Ag, Si, Sn, or In. The lithiophilic material reacts electrochemically with lithium...
“[0052] The porous anode current collector including lithium or a lithiophilic material in pores may be prepared by spraying lithium metal or a lithiophilic material in to the pores of the porous anode current collector, or by stacking a film including lithium metal or a lithiophilic material on the porous anode current collector and pressing the stack.”
The present claim is interpreted broadly enough such that Chang’s teaching of lithiophilic material in pores of the porous anode current collector is part of the porous anode current collector.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The claims are in bold font, the prior art is in parentheses.
Claims 5-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US20220158226A1 (Chang).
Chang teaches the following claim 5 limitations:
An anode layer for an all-solid-state (abstract) secondary battery (paragraph 113), the anode layer comprising:
an anode current collector; and a porous metal or metalloid anode active material sheet on the anode current collector, (Paragraph 43 & 49: part of the porous anode current collector is the claimed anode current collector and part is the porous metal or metalloid anode active material sheet. Paragraph 51: lithiophilic material in pores of the porous anode current collector is interpreted to be part of the porous anode current collector.) wherein:
the porous metal or metalloid anode active material sheet is capable of precipitating lithium into the sheet during charging (paragraph 43: “lithium ions transferred during charging may be electrodeposited into pores of the porous anode current collector”),
the porous metal or metalloid anode active material sheet includes bismuth (Bi), tin (Sn), silicon (Si), zinc (Zn), silver (Ag), gold (Au), or an alloy thereof (paragraph 51-52: lithiophilic material in pores of the porous anode current collector can be Sn or Ag), and
the porous metal or metalloid anode active material sheet has a porosity of 30% to 90% (paragraphs 50: 60% to 85% porosity)
An all-solid-state secondary battery, comprising: an anode layer according to claim 1; a cathode layer; and a solid electrolyte layer between the anode layer and the cathode layer. (paragraphs 9 & 123)
With regard to claim 6, Chang teaches the limitations of claim 5 as noted above. Chang also teaches the following claim 6 limitation:
the solid electrolyte layer includes a sulfide solid electrolyte (paragraph 126)
With regard to claims 7-8, Chang teaches the limitations of claim 5-6 as noted above. Chang also teaches the following limitations of claims 7-8:
Claim 7
the sulfide solid electrolyte includes an argyrodite-type solid electrolyte represented by Formula 1: Formula 1 Li+12-n-xAn+X2-6-xY-x in Formula 1, A is P, As, Ge, Ga, Sb, Si, Sn, Al, In, Ti, V, Nb, or Ta, X is S, Se, or Te, Y is Cl, Br, I, F, CN, OCN, SCN, or N3, 1≤n≤5, and 0≤x≤2
Claim 8
the argyrodite-type solid electrolyte includes Li7-xPS6-xClx, in which 0≤x≤2, Li7-xPS6-xBrx, in which 0≤x≤2, or Li7-xPS6-xIx, in which 0≤x≤2
Chang teaches Li6PS5Cl (paragraph 128).
With regard to claim 9, Chang teaches the limitations of claim 5 as noted above. Chang also teaches the following claim 9 limitation:
the solid electrolyte layer further includes at least one of a binder (paragraph 129) and a lithium salt (paragraph 132: lithium manganate)
Claim Rejections - 35 USC § 103
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
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.
The claims are in bold font, the prior art is in parentheses.
Claims 10 & 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over US20220158226A1 (Chang) in view of US20200243903A1 (Kushida).
With regard to claim 10, Chang teaches the following claim limitations:
the cathode layer (paragraph 130 & figure 1A: cathode layer 10) includes a cathode current collector (paragraph 130 & figure 1A: cathode current collector 11) and a cathode active material layer (paragraph 130 & figure 1A: cathode active material layer 12) on the cathode current collector (11), and the cathode active material layer (12) includes a cathode active material (paragraph 132)
Chang, however, fails to teach the following claim 10 limitation, which is taught by Kushida:
the cathode active material layer includes… a solid electrolyte (paragraph 190)
Kushida is directed to an all-solid state secondary battery in which a solid electrolyte composition provides mechanical strength to an electrode active material layer (paragraphs 6-7). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Chang’s cathode active material layer to include a solid electrolyte, as taught by Kushida, for mechanical strength.
With regard to claim 14, Chang teaches the limitations of claim 5, and Chang plus Kushida teach the limitations of claim 10, as noted above. Chang also teaches the following claim 14 limitation:
the solid electrolyte layer includes a sulfide solid electrolyte (paragraph 126)
With regard to claim 15, Chang & Kushida teach the limitations of claims 5, 10, & 14 as noted above. Chang also teaches the following limitation of claim 15:
the solid electrolyte includes a sulfide solid electrolyte, the sulfide solid electrode including Li7-xPS6-xClx, in which 0<x<2, Li7-xPS6-xBrx, in which 0<x<2, or Li7-xPS6-xIx, in which 0<x<2
Chang teaches Li6PS5Cl (paragraph 128).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over US20220158226A1 (Chang) in view of US20200243903A1 (Kushida) and US20190157681A1 (Ho), together “modified Chang”.
Chang fails to teach the following limitations, which are taught by Ho:
Claim 11
the cathode active material includes a lithium composite oxide represented by Formula 2: Formula 2 LixNi1-y-zMyCozO2 in Formula 2 0.90≤x≤1.1, 0≤y≤0.2, 0<z≤0.2, and 0.7≤1-y-z≤0.99, and M is manganese (M), aluminum (Al), titanium (Ti), calcium (Ca), or a combination thereof (paragraph 46: cathode active material is LiNi0.8Mn0.1Co0.1O2, which is the claimed Formula 2 with x=1, y=0.1, z=0.1, M=Mn)
Claim 12
the lithium composite oxide has a lithium metal oxide coating layer on a surface thereof (paragraph 48: the cathode active material is a core-shell structure, and the shell can be LiCoO2)
Claim 13
the lithium metal oxide is an oxide including lithium and another metal, the other metal including… cobalt (Co)… (paragraph 48: the cathode active material is a core-shell structure, and the shell can be LiCoO2)
Ho is directed to a high quality lithium-ion battery with consistent performance (abstract). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Chang’s cathode active material layer to have Ho’s chemical composition, in order to achieve a high quality lithium-ion battery with consistent performance, as taught by Ho.
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 extension fee 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 date of this final action.
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/R.G.W./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721