DETAILED ACTION
Response to Amendment
Applicant’s amendment filed 10/21/2025 has been entered.
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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 5 and 6 are rejected under 35 U.S.C. 103 as being obvious over Kim et al. (KR 102047256B1), as evidenced by Vedantu Website (hittps://www.vedantu.com/jee-main/chemistry- sodium-thiosulphate).
Regarding Claims 1 and 4, Kim teaches a positive electrode active material for all-solid-state lithium secondary battery (abstract, [0157]), comprising a positive electrode active substance and a sodium thiosulfate coating layer coating a surface of the positive electrode active substance (abstract, [0078], [0011], claim 7, example 1-8; example 2-4; example 3-4; example 5-4; example 6-4; example 7-4; example 9-1, 2, 3, 4; Formula 23). According to Kim invention, through the thio-coating, chemical stability of the lithium metal oxide particles is improved and surface by-products are reduced. Annotated Formula 23 below for the structure of sodium thiosulfate:
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202
554
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Greyscale
Kim teaches does not explicitly teach the sodium thiosulfate coating layer is a continuous amorphous membrane layer on the surface of the positive electrode active substance, however it is well known in the art sodium thiosulfate becomes amorphous when it is rapidly heated above its melting point (the m.p of Na2S2O3 . x H2O is around 48.3 °C (118.9 °F; 321.4 K) - Vedantu Website). Kim anticipates the sodium thiosulfate coating layer as it will be an amorphous membrane layer on the surface of the positive electrode active substance since Kim teaches a method of making the positive electrode active material with a sodium thiosulfate coating layer where the final product is dried under vacuum from 200 °C to 300 °C for 24 hours ([0167]), which is a temperature much higher that the melting point of sodium thiosulfate.
Kim does not teach a mass percentage of the sodium thiosulfate coating layer in the positive electrode active material is 3% to 30% or 3% to 30%, as claimed in claim 4.
Kim teaches a mass percentage of the sodium thiosulfate coating layer in the positive electrode active material is about 0.005 % to 2% ({0055]) when chemical stability of the lithium metal oxide particles is improved and surface by-products are reduced. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. (See MPEP 2144.05(1), Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985)). The teaching of about 2% of thiosulfate is close to the claimed endpoint of 3% to establish a prima facie case of obviousness [MPEP 2144.05(1)].
Further, it would have been obvious to one of ordinary skill in the art to increase the amount of thiosulfate in order to suppress side reactions with the electrolyte while maintaining the stability of the layered structure of the lithium metal oxide particles. Kim teaches that the thio-coating may increase the structure or crystal stability, thereby significantly improving the stability and capacity/output retention characteristics of the positive electrode active material (about paragraphs 60-65). One skilled in the art would be motivated to try larger amount of thiosulfate to reduce surface by-products and improve the chemical stability of the lithium metal oxide particles (see MPEP 2143 I, E citing KSR, 550 U.S. at 421, 82 USPQ2d at 1397.)
Regarding Claim 5, Kim teaches all the limitations of claim 1 as discussed above. Kim further teaches the positive electrode active substance is selected from at least one of lithium metal oxides with an olivine structure, lithium metal oxides with a layered structure ((0053]), lithium metal oxides with a spinel structure, or modified materials of the foregoing materials.
Regarding Claim 6, Kim teaches all the limitations of claim 1 as discussed above. Kim further teaches wherein the positive electrode active substance is selected from at least one of Li(1+x3)Ni[1-(y3+z3)]Coy3M"z3O2, is selected from at least one of Mn, Al, Mg, and Ti (Table 1, [0170] example 1-8, example 2-4, example 3-4, example 4-5, example 6-4, example 7-4, example 9-1, 2, 3, 4).
Claim 3 is rejected under 35 U.S.C. 103 as being obvious over Kim et al. (KR102047256B1, cited in IDS, see machine translation).
Regarding claim 3, Kim teaches all the limitations of claim 1 as discussed above. Kim does not explicitly teach a coating rate of the sodium thiosulfate coating layer on the surface of the positive electrode active substance at least 95%.
Kim teaches a method of coating a layer of thiosulfate compound on the surface of lithium metal oxide particles to maintain the stability of the layered structure of the lithium metal oxide particles while suppressing side reactions with the electrolyte ({0122]), comprising: a step of preparing lithium metal oxide particles; and a step of washing the lithium metal oxide particles with a washing solution comprising sodium thiosulfate (claim 14) and forming a coating layer, a ligand bond, or a complex bond on the surface of the lithium metal oxide particles. 1 kg of pure water (deionized water, DIW) was placed in a 2L reactor to fully remove dissolved oxygen in pure water by nitrogen bubbling for 30 minutes, and then the weight of the thio-based compound (e.g., sodium thiosulfate) of Table 1 with respect to lithium metal oxide. It was added to and stirred for 30 minutes. Then, after stirring at a speed of 300 rpm for 30 minutes in a nitrogen atmosphere with a lithium metal oxide of Table 1 as a cathode active material of 1 kg, it was filtered under reduced pressure using a Buchner funnel. The filtered lithium metal oxide was dried under vacuum at 200 °C to 300 °C for 24 hours, and classified into 325 mesh to obtain a final lithium metal oxide. According to Kim the thiosulfate coating layer is formed substantially over the entire surface of the lithium metal oxide particles, and a coating layer formed over a portion of the surface of the lithium metal oxide particles ([0078]). Applicant teaches a method of preparation of the positive electrode active material where in a dry argon atmosphere, a raw material of a positive electrode active substance and a raw material of sodium thiosulfate were mixed in a specific mass ratio, and then the mixture was ball-milled and dried to obtain a positive electrode active material (instant specification: [0041]), the vacuum dry temperature may be 40 °C to 47 °C, instant specification: [0047]). Therefore, based on the method of making the positive electrode active material taught by Kim being similar to the method disclosed by the applicant, one of ordinary skilled in the art, before the effective filing date of the claimed invention, would reasonably expect the coating rate of the sodium thiosulfate coating layer of Kim on the surface of the positive electrode active substance to be at least 95%.
Claim 7, 8, 9, and 10 are rejected under 35 U.S.C. 103 as being obvious over Kim et al. (KR 102047256B1), cited in IDS, see machine translation), in view of Kimura et al. (US 2010/0112456A1).
Regarding Claim 7, Kim teaches all the limitations of claim 1 as discussed above. Kim further teaches a positive electrode current collector and a positive electrode active substance layer disposed on at least one surface of the positive electrode current collector ([0144]).
Kim does not teach wherein the positive electrode active substance layer comprises a solid-state electrolyte. Kimura, from the same field of endeavor, teaches a solid state battery having a positive electrode composite material layer and a negative electrode composite material layer comprising a sulfide glass (abstract, Figure 1) and a manufacturing method thereof. The sulfide glass and the positive electrode active material are pressure-formed and in contact with each other ({0010]). The solid state battery having this configuration allows viscous sulfide glass to reduce or prevent the destruction of an ion conduction network that is otherwise caused when the battery is charged/discharged, as an active material expands and shrinks ([0012]) assuring the manufacturing of a solid state battery excellent in pressure formability ({0014]). It would have been obvious to one of having ordinary skill in the art before the effective filing date of the claimed invention to have added to the all-solid-state battery from KIM the solid- state electrolyte from Kimura in order allow viscous sulfide glass to reduce or prevent the destruction of an ion conduction network that is otherwise caused when the battery is charged/discharged, as an active material expands and shrinks ([0012]) assuring the manufacturing of a solid state battery excellent in pressure formability ({0014]).
Regarding Claim 8, modified Kim teaches all the limitations of claim 7 as discussed above. Modified Kim teaches all-solid-state lithium secondary battery, wherein the solid-state electrolyte is a sulfide solid-state electrolyte Kimura, Figure 1: 30, claim 3).
Regarding Claim 9, modified Kim discloses all of the claim limitations as set forth above. Modified Kim teaches an all-solid-state lithium secondary battery, comprising a positive electrode plate, a negative electrode plate, and a solid-state electrolyte membrane disposed between the positive electrode plate and the negative electrode plate (Kimura: Figure 1, 10, 20, 30).
Regarding Claim 10, modified Kim discloses all of the claim limitations as set forth above. Modified Kim teaches an all-solid-state lithium secondary battery wherein the all-solid-state lithium secondary battery is used as a power source of an apparatus or an energy storage unit of an apparatus (KIM: [0002]).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that Kim does not teach a mass percentage of the sodium thiosulfate coating layer in the positive electrode active material is 3% to 30% or 3% to 30%, as claimed in claim 4.
Applicant’s arguments with respect to claim(s) 1 and 4 have been considered but are not persuasive. New grounds of rejection are noted citing the obviousness of the amount of additive.
Conclusion
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/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785