DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2023, is being examined under the first inventor to file provisions of the AIA .
The Applicant’s amendment filed on 4/13/2026 was received. Claim 1 was amended, claim 13 was withdrawn, claims 14, 15 were cancelled, and claim 16 was newly added.
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office action issued on 9/25/2025.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/13/2026 has been entered.
Claim Rejections - 35 USC § 103
Claims 1-4, 9-12, 16 remain rejected under 35 U.S.C. 103 as being unpatentable over Koga et al. (US 20190036089 A1) in view of Miki (US 20180219229 A1)
Regarding to claim 1: Koga et al. disclose a battery includes an electrode layer, a counter electrode layer, and a solid electrolyte layer (abstract). The electrode layer (100) is a positive electrode layer composed of a positive electrode active material (par. 67, 69, fig. 1 (a)). The positive electrode active material comprises lithium-nickel complex oxides (LiNixM1-xO2, wherein M represents at least one element selected from Co, Al, Mn, V, Cr, Mg, Ca, Ti, Zr, Nb, Mo, and W, and x is any desired natural number) (par. 69) (The composition of Koga et al. can be LiNi0.8(Co, Mn)0.2O2, when M is (Co, Mn) and x=0.8). Koga et al. do not specifically discuss LiNi0.8(Co, Mn)0.2O2 containing water generated during heating at 180°C in Karl Fischer titration in an amount of 2.9 ppm by mass or more and 44.7 ppm by mass or less. However, Miki discloses a composite active material particle (10) used in lithium battery (abstract). The composite active material particle (10) comprises an active material particle (1). The active material particle (1) can be any material usable as active material for all-solid-state lithium ion batteries (par. 33). The moisture content in the composite active material particle (10) is preferably no more than 70 ppm (par. 37). In example 3 of Miki, the moisture content is 49 ppm (table 2) measured by Karl Fischer titration during heating at 200°C (par. 121). Miki further recognizes an extremely small moisture content in the composite active material particle (10) can lead to obtainment of an all-solid-state lithium ion battery of low battery resistance (par. 37). The moisture content in the composite active material particle (10) can be largely reduced by vacuum drying under predetermined conditions (vacuum at 120° C to 300° C for at least 1 hour) (par. 10, par. 80-85). Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention can adjust the drying conditions (temperature, duration of the heat treatment, ambience of the heat treatment) to yield more or less moisture content in the composite active material particle (10). Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Regarding to claims 2, 3: Koga et al. discloses the positive electrode active material particles can be coated with lithium niobate (LiNbO3) (par. 69).
Regarding to claim 4: Koga et al. discloses the positive electrode layer may be a mixture layer composed of a positive electrode active material and solid electrolytes (par. 70).
Regarding to claim 9: Koga et al. disclose a battery includes an electrode layer, a counter electrode layer, and a solid electrolyte layer between the electrode layer and the counter electrode layer (abstract). The electrode layer (100) can be a positive electrode layer (equivalent to a positive electrode) (par. 67, fig. 1 (a)). The counter electrode layer (200) can be a negative electrode layer (equivalent to a negative electrode) (par. 67, fig. 1 (a)).
Regarding to claim 10: Koga et al. disclose the solid electrolyte layer (300) includes a solid electrolyte (par. 76, fig. 1 (a)).
Regarding to claims 11, 12: Koga et al. disclose commonly known solid electrolytes can be used in the solid electrolyte (par. 75). Li2S—SiS2—LiI is one of the examples of the solid electrolyte (LiI is equivalent to a halide solid electrolyte. Li2S and SiS2 are equivalent to a sulfide solid electrolyte) (par. 75). One of ordinary skill in the art can use Li2S—SiS2—LiI in the solid electrolyte layer and choose other solid electrolytes listed in par. 75 of Koga, for example, Li2S—SiS2, as the solid electrolyte in the positive electrode layer to make the solid electrolyte layer (300) include a halide solid electrolyte different from the solid electrolyte.
Regarding to claim 16: Koga et al. disclose commonly known solid electrolytes can be used in the solid electrolyte (par. 75). Li2S—SiS2—LiI is one of the examples of the solid electrolyte (LiI is equivalent to a halide solid electrolyte) (par. 75).
Claims 5-8 remain rejected under 35 U.S.C. 103 as being unpatentable over Koga et al. (US 20190036089 A1) in view of Miki (US 20180219229 A1) as applied to claim 4 above, and further in view of Sun et al. (US 20220216507 A1).
Regarding to claim 5: Koga et al. disclose a battery includes an electrode layer, a counter electrode layer, and a solid electrolyte layer (abstract) as described in paragraph 2 above.
Koga et al. fail to explicitly disclose the solid electrolyte is represented by a formula (2): LiαMβXγ, where, α, β, and γ are each independently a value larger than 0; M includes at least one selected from the group consisting of metallic elements excluding Li and metalloid elements; and X includes at least one selected from the group consisting of F, Cl, Br, and I.
However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises a solid electrolyte material and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). The cathode electrode material can be traditional oxide cathode materials such as LiCoO2, NMC (nickel-cobalt-manganese ternary lithium-ion oxide material) (par. 100). The solid electrolyte material may be a material represented by LiaMXb, wherein M is one or more of Al, Ho, Ga, In, Sc, Y and La, X is one or more of F, Cl and Br, 0≤a≤10, and 1≤b≤13 (par. 98).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the solid electrolyte material of Sun et al. as the solid electrolyte of Koga et al. because Sun et al. teach that the solid electrolyte material provided by Sun et al. can (1) be stable under air conditions (par. 30); (2) improve the energy density of the lithium secondary battery (par. 31); (3) have a simple preparation method and be easy to use in lithium secondary batteries (par. 32).
Regarding to claim 6: Koga et al. disclose a battery includes an electrode layer, a counter electrode layer, and a solid electrolyte layer (abstract) as described in paragraph 2 above.
Koga et al. fails to explicitly disclose M includes yttrium.
However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises a solid electrolyte material and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). The cathode electrode material can be traditional oxide cathode materials such as LiCoO2, NMC (nickel-cobalt-manganese ternary lithium ion oxide material) (par. 100). The solid electrolyte material may be a material represented by LiaMXb, wherein M is one or more of Al, Ho, Ga, In, Sc, Y and La, X is one or more of F, Cl and Br, 0≤a≤10, and 1≤b≤13 (par. 98).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the solid electrolyte material including yttrium of Sun et al. as the solid electrolyte of Koga et al. because Sun et al. teach that the solid electrolyte material provided by Sun et al. can (1) be stable under air conditions (par. 30); (2) improve the energy density of the lithium secondary battery (par. 31); (3) have a simple preparation method and be easy to use in lithium secondary batteries (par. 32).
Regarding to claim 7: Koga et al. disclose a battery includes an electrode layer, a counter electrode layer, and a solid electrolyte layer (abstract) as described in paragraph 2 above.
Koga et al. fail to explicitly disclose the formula (2) satisfies 2.5 ≤α≤ 3, 1 ≤ β ≤ 1.1, and γ = 6.
However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises a solid electrolyte material and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). The cathode electrode material can be traditional oxide cathode materials such as LiCoO2, NMC (nickel-cobalt-manganese ternary lithium ion oxide material) (par. 100). The solid electrolyte material may be a material represented by LiaMXb, wherein M is one or more of Al, Ho, Ga, In, Sc, Y and La, X is one or more of F, Cl and Br, 0≤a≤10, and 1≤b≤13 (a is equivalent to α, 1 is equivalent to β, b is equivalent to γ, ) (par. 98).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the solid electrolyte material of Sun et al. as the solid electrolyte of Koga et al. because Sun et al. teach that the solid electrolyte material provided by Sun et al. can (1) be stable under air conditions (par. 30); (2) improve the energy density of the lithium secondary battery (par. 31); (3) have a simple preparation method and be easy to use in lithium secondary batteries (par. 32). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP §2144.05(I).
Regarding to claim 8: Koga et al. disclose a battery includes an electrode layer, a counter electrode layer, and a solid electrolyte layer (abstract) as described in paragraph 2 above.
Koga et al. fail to explicitly disclose X includes at least one selected from the group consisting of Cl and Br.
However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises a solid electrolyte material and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). The cathode electrode material can be traditional oxide cathode materials such as LiCoO2, NMC (nickel-cobalt-manganese ternary lithium ion oxide material) (par. 100). The solid electrolyte material may be a material represented by LiaMXb, wherein M is one or more of Al, Ho, Ga, In, Sc, Y and La, X is one or more of F, Cl and Br, 0≤a≤10, and 1≤b≤13 (par. 98).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the solid electrolyte material of Sun et al. as the solid electrolyte of Koga et al. because Sun et al. teach that the solid electrolyte material provided by Sun et al. can (1) be stable under air conditions (par. 30); (2) improve the energy density of the lithium secondary battery (par. 31); (3) have a simple preparation method and be easy to use in lithium secondary batteries (par. 32).
Response to Arguments
Applicant’s arguments filed on 4/13/2026 have been fully considered but they are not persuasive. Applicant primarily argues:
The expected results of the critical water content range (2.9-44.7ppm) are shown in Table I and the composition of the positive electrode active material is amended to the material evaluated in Table 1.
Koga and Miki do not teach or suggest the dual-effect relationship.
Miki does not disclose or suggest the narrow claimed moisture range especially the lower limit of the moisture content.
In response:
Applicant’s arguments are not persuasive. Even the composition of the positive electrode active material is amended to the material evaluated in Table 1, the results in Table 1 are inconsistent. For example, the water content in Examples 3, 4 and Comparative Example 2 did not decrease with the higher heating treatment temperatures (400 °C in Example 3, 800 °C in Example 4, and 500 °C in Comparative Example 2). In general, the water content decreases when the drying temperature is higher.
Applicant’s arguments are not persuasive. As long as the claimed composition and the motivation of adjusting the water content are taught, the prior arts read on the instant claim.
Miki does not disclose or suggest the lower limit on the moisture content. However, Miki teaches the lower moisture content in Example 3 shows the higher resistance ratio compared to Example 4 in Table 2 (49 ppm, 54% in Example 3 vs. 51 ppm, 48 % in Example 4). Similarity, Example 6 shows higher moisture content and lower resistance ratio compared to those of Example 8 (70 ppm, 70 % in Ex. 6 vs. 61 ppm, 92 % in Ex. 8). Thus, one of ordinary skill in the art would optimize, by routine experimentation of adjusting drying conditions, the moisture content to obtain the desired upper and lower limits of the moisture content for the low battery resistance. “Heating at 180 °C in Karl Fischer titration” is a method to measure the moisture content. The measurement temperature of 180 °C does not determine the patentability of the product unless the method produces a structural feature of the product.
Conclusion
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/PIN JAN WANG/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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