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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 4/6/26. Applicants arguments have been considered but are not found persuasive. Claims 1-7, 9-14 and 16 are pending. This Action is FINAL, as necessitated by amendment.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 9-14 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “said dispersant has either polyurethane or polyester functionality in its structure”, which is indefinite. It is unclear what encompasses polyurethane functionality and/or polyester functionality. The terms are not defined by the present specification.
To the extent the claims are understood in view of the 35 USC 112 rejections above, note the following prior art rejections.
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.
Claim(s) 1-7, 9-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Makino et al., US 2019/0088949 A1 in view of Yoshida et al., WO 2012/026581 A1.
Makino teaches a solid electrolyte composition containing an inorganic solid electrolyte, a binder, and a dispersion medium (C) containing a dispersion medium (C1) and a dispersion medium (C2) at a specific mass ratio. Makino teaches an electrode sheet for an all-solid state secondary battery having an active material layer, a primer layer, and a collector which are formed of the solid electrolyte composition. Makino teaches methods for manufacturing an electrode sheet for the all-solid state secondary battery and the all-solid state secondary battery (abstract). See also Figure 1.
The solid electrolyte composition may contain a dispersant. The addition of the dispersant enables the suppression of the agglomeration of the electrode active material and the inorganic solid electrolyte even in a case in which the concentration of any of the electrode active material and the inorganic solid electrolyte is high or a case in which the particle diameters are small and the surface area increases and the formation of a uniform active material layer and a uniform solid electrolyte layer. As the dispersant, a dispersant that is generally used for an all-solid state secondary battery can be appropriately selected and used. Generally, a compound intended for particle adsorption and steric repulsion and/or electrostatic repulsion is preferably used. [0142]. The solid electrolyte composition may contain a conductive agent [0162]. The solid electrolyte may contain active materials such as positive electrode active materials including transition metal oxides and negative electrode active materials including metal oxides [0165-0188].
The solid electrolyte composition of Makino is prepared by dispersing the inorganic solid electrolyte (A) in the presence of the dispersion medium (C) to produce a slurry. The slurry is produced by mixing the inorganic solid electrolyte and the dispersion medium using a variety of mixers. The mixing device is not particularly limited, and examples thereof include a ball mill, a beads mill, a planetary mixer, a blade mixer, a roll mill, a kneader, and a disc mill. The mixing conditions are not particularly limited; however, in the case of using a ball mill, the inorganic solid electrolyte and the dispersion medium are preferably mixed together at 150 to 700 rpm (rotation per minute) for one hour to 24 hours. The binder (B1) may be added and mixed at the same time as a dispersion step of the inorganic solid electrolyte (A) or may be separately added and mixed. In addition, in the case of preparing a solid electrolyte composition additionally containing components such as an active material and a particle dispersant, the components may be added and mixed at the same time as a dispersion step of the inorganic solid electrolyte (A) or may be separately added and mixed [0197-0200].
The method for applying the solid electrolyte composition is not particularly limited and can be appropriately selected. Examples thereof include coating (preferably wet-type coating), spray coating, spin coating, dip coating, slit coating, stripe coating, and bar coating. The solid electrolyte composition may be dried [0264-0265]. The binder may be a fluorine-containing resins including polytetrafluoroethylene (PTFE), polyvinylene difluoride (PVdF), and copolymers of polyvinylene difluoride and hexafluoropropylene (PVdF-HFP) [0078]. The dispersion medium C1 may be decane [0112-0114] and the dispersion medium C2 may be toluene or xylene [0120-0123]. Examples of the inorganic solid electrolyte include sulfide-based inorganic solid electrolytes including Li2-P2S5 [0060-0062].
The content of the positive electrode active material in the solid electrolyte composition is not particularly limited, but is preferably 10% to 95% by mass, more preferably 30% to 90% by mass, still more preferably 50% to 85% by mass, and particularly preferably 55% to 80% by mass with respect to a solid content of 100% by mass [0180]. The content of the negative electrode active material in the solid electrolyte composition is not particularly limited, but is preferably 10% to 80% by mass and more preferably 20% to 80% by mass with respect to a solid content of 100% by mass [0193]. An active material layer and/or a solid electrolyte layer formed of the solid electrolyte composition of the present invention preferably have the same kinds and content ratios of components as those of the solid content of the solid electrolyte composition [0215]. The kinds and the content ratio of the components of the active material layers and/or the solid electrolyte layer formed of the solid electrolyte composition are preferably identical to those in the solid content of the solid electrolyte composition [0220]. The collector material may be a metal foil, a net-shaped collector or a punched collector [0235-0240].
Makino is silent regarding the amount of dispersant in the slurry. However, Yoshida teaches a slurry composition for a solid electrolyte layer may contain, in addition to the disclosed components, components having functions of a dispersant, a leveling agent, and an antifoaming agent as other components added as necessary. These components are not particularly limited as long as they do not affect the battery reaction. Examples of the dispersant include an anionic compound, a cationic compound, a nonionic compound, and a polymer compound. A dispersing agent is selected according to the solid electrolyte to be used. Yoshida teaches the content of the dispersant in the slurry composition for the solid electrolyte layer is preferably within a range that does not affect the battery characteristics. Specifically, the content is 10 parts by mass or less with respect to 100 parts by mass of the solid electrolyte. Therefore, the invention as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the invention because one of skill would have been motivated to use the dispersant of Makino in an amount of 10 parts by mass or less in order to not affect the battery characteristics, as taught by Yoshida.
The limitation “said dispersing agent has either polyurethane or polyester functionality in its structure” has been rejected as indefinite. Examiner notes both the structure of polyurethane and the structure of toluene (taught by Makino) contain a benzene ring. A benzene ring has functionality and is represented by the following structure:
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. Furthermore, Makino teaches the addition of the dispersant enables the suppression of the agglomeration of the electrode active material and the inorganic solid electrolyte (functions to suppress agglomeration) even in a case in which the concentration of any of the electrode active material and the inorganic solid electrolyte is high or a case in which the particle diameters are small and the surface area increases and the formation of a uniform active material layer and a uniform solid electrolyte layer. As the dispersant, a dispersant that is generally used for an all-solid state secondary battery can be appropriately selected and used. Generally, a compound intended for particle adsorption and steric repulsion and/or electrostatic repulsion is preferably used (disclosed functions of the dispersant of Makino) [0142]. In addition, the dispersing agent of the claimed invention, the dispersant of Makino and the dispersant of Yoshida, by definition, provide the function of dispersing.
Note “conductive agent” recited by claim 16 is given the broadest reasonable interpretation. For example, the “conductive agent” may be interpreted as an electrically conductive agent or an ionically conductive agent.
Response to Arguments
Applicant's arguments filed 4/6/26 have been fully considered but they are not persuasive.
Applicant argues “said dispersing agent has either polyurethane or polyester functionality in its structure” is definite because examples are provided at [0057] of the present specification. Examiner disagrees. [0057] discloses the tradenames of three compounds not recited by the claims. The specification does not recite how the three compounds have “either polyurethane or polyester functionality in its structure”. The meets and bounds of “either polyurethane or polyester functionality in its structure” is not distinctly recited by the present specification and/or claims. It is unclear what encompasses polyurethane functionality and/or polyester functionality. The terms are not defined by the present specification.
Applicant argues Neither Makino nor Yoshida disclose or suggest the use of a dispersant having either polyurethane or polyester functionality in its structure. The limitation “said dispersing agent has either polyurethane or polyester functionality in its structure” has been rejected as indefinite. Examiner notes both the structure of polyurethane and the structure of toluene (taught by Makino) contain a benzene ring. A benzene ring has functionality and is represented by the following structure:
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. Furthermore, Makino teaches the addition of the dispersant enables the suppression of the agglomeration of the electrode active material and the inorganic solid electrolyte (functions to suppress agglomeration) even in a case in which the concentration of any of the electrode active material and the inorganic solid electrolyte is high or a case in which the particle diameters are small and the surface area increases and the formation of a uniform active material layer and a uniform solid electrolyte layer. As the dispersant, a dispersant that is generally used for an all-solid state secondary battery can be appropriately selected and used. Generally, a compound intended for particle adsorption and steric repulsion and/or electrostatic repulsion is preferably used (disclosed functions of the dispersant of Makino) [0142]. In addition, the dispersing agent of the claimed invention, the dispersant of Makino and the dispersant of Yoshida, by definition, provide the function of dispersing.
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 TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACY M DOVE/ Primary Examiner, Art Unit 1725
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