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 § 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.
Claims 1-2 and 4-10 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ito (US 20240413391 A1).
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).
Regarding claim 2, 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, 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, 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, Ito discloses the solid state electrolyte of claim 1 (see claim 1 above).
Regarding claim 7, Ito discloses the solid electrolyte of claim 6 (see claim 6 above).
Regarding claim 8, 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, 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, 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).
Claims 13-16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ito (US 20240413391 A1)
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.])
Regarding claim 14, 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, 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, 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]).
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 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US 20240413391 A1), and further in view of Yokoyama (US 20220271332 A1).
Regarding claims 11 and 12, Ito teaches the solid electrolyte of claim 1.
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 2:8 to about 8:2.
of about 3:7 to about 5:5.
Yokoyama, in the same field of endeavor, solid electrolytes, teaches that the ratio of the first solid electrolyte (para. 0027, [garnet-type]) to the second solid electrolyte (para. 0057, [preferably contains the second solid electrolyte having a NASICON-type crystal structure]) is to 0.1 – 9.0 (claim 5).
In optimizing the ratio of two solid electrolytes, 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 Claims 11 and 12, without undue experimentation.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
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/V.G./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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