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 .
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.
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.
Claims 1-2, 4-10, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US 20240413391 A1), and further in view of the machine translation of Zhong (CN-108155412-B ).
Regarding claim 1, Ito discloses a solid electrolyte (abstract) comprising:
a first inorganic solid electrolyte having a formula of Li(3-y)-HyOX, where X is at least one halogen and 0 <y ≤1; (Example 2, para. 0098, the second solid-state electrolyte part comprises Li2(OH)Cl)
and a second inorganic solid electrolyte
comprising at least
one of a garnet-type solid electrolyte ((Example 2, the (first) solid state electrolyte used in example 1 [para. 0093] being Li0.33La0.55TiO3.) (Based on para. 0036 of the instant specification, Li0.33La0.55TiO3 is a lithium lanthanum titanium oxide which is a garnet-type SSE)
having an ionic conductivity greater than 0.01 mS/cm, wherein the second inorganic solid electrolyte is dispersed in the first inorganic solid electrolyte forming a composite inorganic solid electrolyte (Example 2, the first solid state electrolyte used in example 1 [para. 0093] being Li0.33La0.55TiO3.) (Based on para. 0036 of the instant specification, Li0.33La0.56TiO3 can be used as the SSE B and therefore has an ionic conductivity greater than 0.01mS/cm).
Ito does not teach:
wherein the first inorganic solid electrolyte and the second inorganic solid electrolyte are present in the solid electrolyte in a ratio of first inorganic solid electrolyte to second inorganic solid electrolyte of about 3:7 to about 6:4
Zhong, in the same field of endeavor, solid electrolytes, teaches that the ratio of the first solid electrolyte (Zhong, para. 12, [anti-perovskite structure] ) (Zhong, para. 12, the antipeorskite structure is a low melting point oxide) to the second solid electrolyte (Zhong, para. 12, [garnet type solid electrolyte material]) (Zhong, para. 12, [the high melting point oxide solid electrolyte materia is … a garnet type solid electrolyte) is 45:55 to 0.5:99.5 (Zhong, para. 11, [An inorganic-inorganic composite solid electrolyte ceramic membrane characterized in that it is composed of a high melting point oxide solid electrolyte material and a low melting point oxide solid electrolyte material, wherein the high melting point oxide solid electrolyte material is a composite solid electrolyte ceramic The main component of the film accounts for 55% to 99.5% of the total mass percentage of the composite solid electrolyte ceramic membrane, and the rest is a low melting point oxide solid electrolyte material]).
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) [MPEP 2144.05].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have optimized the ratio of the first solid electrolyte to the second solid electrolyte of Ito be 45:55 to 0.5:99.5, as taught by Zhong (Zhong, para. 11). In optimizing the ratio of low melting point oxide to the high melting point oxide (Zhong, para. 11), one of ordinary skill in the art at the time the instant invention was filed, would have arrived at the claimed ratios as recited in claim 1, without undue experimentation.
Regarding claim 2, modified Ito discloses the solid electrolyte of claim 1, wherein the first inorganic solid electrolyte and the second inorganic solid electrolyte are compounded together to form a composite inorganic solid electrolyte (para. 0098, Example 2 was fabricated similar to Example 1) (para. 0093, the two electrolytes and [an organic binder were kneaded with each other to fabricate a kneaded powder body. Thereafter, the kneaded powder body was compression-molded]).
Regarding claim 4, modified Ito teaches the solid electrolyte of claim 1, wherein the garnet-type solid electrolyte comprises at least one of lithium lanthanum titanium oxide (LiLa(2)3Ti03, 0<x<2). (Example 2, the (first) solid state electrolyte used in example 1 [para. 0093] being Li0.33La0.55TiO3).
Regarding claim 5, modified Ito teaches the solid electrolyte of claim 4, wherein the garnet-type solid electrolyte comprises at least one of lithium lanthanum titanium oxide. (See claim 4 above).
Regarding claim 6, modified Ito discloses the solid state electrolyte of claim 1 (see claim 1 above).
Regarding claim 7, modified Ito discloses the solid electrolyte of claim 6 (see claim 6 above).
Regarding claim 8, modified Ito discloses the solid electrolyte of claim 1, wherein the first inorganic solid electrolyte has an anti-perovskite crystal structure and a melting temperature less than 500 C (Example 2, para. 0098, the second solid-state electrolyte part comprises Li2(OH)Cl) (Based on para. 0007 of the instant specification Li2(OH)Cl has an anti-perovskite crystal structure and a melting temperature less than 500C.
Regarding claim 9, modified Ito discloses the solid electrolyte of claim 1, wherein X is Cl. (Example 2, para. 0098, the second solid-state electrolyte part comprises Li2(OH)Cl).
Regarding claim 10, modified Ito discloses the solid electrolyte of claim 9, wherein the first inorganic solid electrolyte comprises at least one of Li2OHCI. (Example 2, para. 0098, the second solid-state electrolyte part comprises Li2(OH)Cl).
Regarding claim 13, Ito discloses a solid-state battery (Fig. 3, item 101) comprising: a cathode (Fig. 3, item 10) ; an anode (Fig. 3, item 20); and a composite inorganic electrolyte disposed between and in physical contact with the cathode and the anode (Fig. 3, item 30); wherein: the composite inorganic electrolyte comprises a dispersion of a second inorganic solid electrolyte in a first inorganic solid electrolyte (para. 0093, examples 1 and 2 were fabricated in the same manner and the two electrolytes [were kneaded with each other to fabricate a kneaded powder body]), the first inorganic solid electrolyte having a formula of Li3-yHyOX where X is at least one halogen and O<y<l (Example 2, para. 0098, the second solid-state electrolyte part comprises Li2(OH)Cl); the second inorganic solid electrolyte
comprises at least
one of a garnet-type solid electrolyte ((Example 2, the (first) solid state electrolyte used in example 1 [para. 0093] being Li0.33La0.55TiO3.) (Based on para. 0036 of the instant specification, Li0.33La0.55TiO3 is a lithium lanthanum titanium oxide which is a garnet-type SSE)
having an ionic conductivity greater than 0.01 mS/cm, wherein the second inorganic solid electrolyte is dispersed in the first inorganic solid electrolyte forming a composite inorganic solid electrolyte (Example 2, the first solid state electrolyte used in example 1 [para. 0093] being Li0.33La0.55TiO3.) (Based on para. 0036 of the instant specification, Li0.33La0.56TiO3 can be used as the SSE B and therefore has an ionic conductivity greater than 0.01mS/cm).
and at least a portion of the composite inorganic electrolyte (the Li2OHCl portion of the composite inorganic electrolyte) is contained in the cathode and anode (para. 0076, stacked structure) (para. 0076, [the stacked structure is impregnated with a molten solid-state electrolyte for a solid-state electrolyte layer by, for example, dropping the molten solid-state electrolyte onto the stacked structure, following which the resultant is dried. In such a manner, the stacked structure is impregnated with the solid-state electrolyte.])
Ito does not teach:
wherein the first inorganic solid electrolyte and the second inorganic solid electrolyte are present in the solid electrolyte in a ratio of first inorganic solid electrolyte to second inorganic solid electrolyte of about 3:7 to about 6:4
Zhong, in the same field of endeavor, solid electrolytes, teaches that the ratio of the first solid electrolyte (Zhong, para. 12, [anti-perovskite structure] ) (Zhong, para. 12, the antipeorskite structure is a low melting point oxide) to the second solid electrolyte (Zhong, para. 12, [garnet type solid electrolyte material]) (Zhong, para. 12, [the high melting point oxide solid electrolyte materia is … a garnet type solid electrolyte) is 45:55 to 0.5:99.5 (Zhong, para. 11, [An inorganic-inorganic composite solid electrolyte ceramic membrane characterized in that it is composed of a high melting point oxide solid electrolyte material and a low melting point oxide solid electrolyte material, wherein the high melting point oxide solid electrolyte material is a composite solid electrolyte ceramic The main component of the film accounts for 55% to 99.5% of the total mass percentage of the composite solid electrolyte ceramic membrane, and the rest is a low melting point oxide solid electrolyte material]).
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) [MPEP 2144.05].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have optimized the ratio of the first solid electrolyte to the second solid electrolyte of Ito be 45:55 to 0.5:99.5, as taught by Zhong (Zhong, para. 11). In optimizing the ratio of low melting point oxide to the high melting point oxide (Zhong, para. 11), one of ordinary skill in the art at the time the instant invention was filed, would have arrived at the claimed ratios as recited in claim 1, without undue experimentation.
Regarding claim 14, modified Ito discloses the solid-state battery of claim 13, wherein the anode comprises graphite (para. 0048, [the conductive additive that may be included in each of the positive electrode layer and the negative electrode layer may include at least carbon]).
Regarding claim 15, modified Ito discloses the solid-state battery of claim 13, wherein the cathode comprises LiFe(1-x)MnxPO4, wherein 0=<y=<1, 0=<x=<1, 0=<x+y=<1 (para. 0053, [LiFe0.6Mn0.4PO4]).
Regarding claim 16, modified Ito discloses the solid-state battery of claim 15, wherein the cathode further comprises a doping element selected from a group comprising of Fe (para. 0053, [LiFe0.6Mn0.4PO4]).
Other Pertinent Art
US 20120237834 A1
teaches wherein the positive electrode layer comprises the first inorganic solid electrolyte, the second inorganic solid electrolyte, a positive electrode active material, and a conductive additive, and the content of the first inorganic solid electrolyte is 1% to 15% in terms of mass percent.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/V.G./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
