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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 24, 2023 has been considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 2-4 and 7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
With respect to claims 2-3 and 7
The first step of the eligibility analysis evaluates whether the claim falls within any
statutory category (MPEP 2106.03). The claim recites at least one step or act, including
mixing a positive electrode active material with a conductive aid to generate a first powder. Thus, the claim is to a method, which is one of the statutory categories of invention.
Step 2A Prong One of the eligibility analysis evaluates whether the claim recites a
judicial exception, i.e. whether a law of nature, natural phenomenon, or abstract idea is set
forth or described in the claim. Claims 2, 3, and 7 recite that a ‘quality evaluation is performed’ and further define the ‘quality evaluation’ as a ‘determination’ and ‘evaluation’ based on satisfying a predetermined requirement. Mental processes are defined as concepts performed in the human mind such as observations, evaluations, judgements, and opinions. These steps appear to just be observations, determinations, or comparisons, and would be mental steps that a person could perform in their mind. Therefore, the claims recite abstract ideas.
Step 2A Prong Two of the eligibility analysis evaluates whether the claim recites
additional elements that integrate the judicial exception into a practical application. The mixing step is performed in claim 1, and claims 2, 3, and 7 very generally recite any quality evaluation and that when any predetermined requirement is satisfied that the third mixing is performed. First, the claims don’t relate the predetermined requirement to the quality evaluation, so this predetermined requirement could be unrelated to the abstract idea. Therefore, there is no application of the abstract idea. Even if the claims recited that the predetermined requirement was based on the quality evaluation, the mixing is performed in claim 1 regardless so this would still just be generally linking the abstract idea to a field of use per MPEP 2106.05(h) or just generally applying the abstract idea per MPEP 2106.05(f), which are not particular practical applications. Claim 4 is treated similarly as pertaining to the quality evaluation with significantly more; claim 4 does not tie the quality evaluation to the mixing steps or components of claim 1 or 2. Even if the claims recited that the slurry is the mixture of the powder and dispersion medium of claim 2, then claim 4 still very generally makes a comparison to any requirement and then allows the third mixing to be performed, and the mixing is performed in claim 1 regardless so this would still just be generally linking the abstract idea to a field of use per MPEP 2106.05(h) or just generally applying the abstract idea per MPEP 2106.05(f), which are not particular practical applications.
Step 2B of the eligibility analysis evaluates whether the claims recite any elements that
are significantly more than the judicial exception. Claims 2-4 and 7 require the method steps of claim 1 which include a first mixing, second mixing, and a third mixing. Mixing steps to manufacture a positive electrode material of a solid-state battery are well-understood, routine, and conventional activities previously known to the industry. (e.g. U.S Pre-Grant Publication 2023/0048124).
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S Pre-Grant Publication 2023/0048124, hereinafter Kadowaki, and further in view of U.S Pre-Grant Publication 2021/0380791, hereinafter Osada.
Regarding claims 1, 5, and 7, Kadowaki teaches a method for manufacturing a positive electrode material for an all-solid-state lithium-ion battery (instant claim 1) (Kadowaki, [0187]). The positive electrode material is produced by mixing positive electrode active material with a solid electrolyte material to generate a ‘mixed powder’ (instant claim 1) (Kadowaki, [0064]). A positive electrode active material that can be used for this process is nickel cobalt manganese oxide (instant claim 5) (Kadowaki, [0264]) that must have a particle diameter distribution of (D90-D10)/D15 less than or equal to 1.5 before being mixed (instant claim 7) (Kadowaki, [0078]). A solid electrolyte that can be used for this process is a sulfide-based solid electrolyte (instant claim 5) (Kadowaki, [0164]) that must have a particle diameter distribution of (D90-D10)/D15 less than or equal to 2.0 before being mixed (instant claim 7) (Kadowaki, [0084]). Additionally, conductive aids that can be added to the positive electrode active material layer are graphite powder, carbon black, and fibrous carbon materials (instant claim 5) (Kadowaki, [0360]).
However, Kadowaki does not teach initially adding a conductive aid to the positive electrode active material and solid electrolyte before generating the mixed powder as required in claim 1.
It would be obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to separately add carbon to the positive electrode active material and the solid electrolyte because ‘when an appropriate amount thereof is added to the positive electrode active material layer 111, the conductivity inside the positive electrode 110 can be improved, and charging efficiency, discharging efficiency and output characteristics can be improved’ (Kadowaki, [0361]). Additionally, when too much carbon is added, ‘the binding force between the positive electrode active material layer 111 and the positive electrode current collector 112 and the binding force inside the positive electrode active material layer 111 both decrease, which causes an increase in internal resistance’ (Kadowaki, [0362]). Therefore, it would be obvious to add conductive aid to the positive electrode active material and the solid electrolyte separately to ensure thorough mixing while effectively increasing conductivity in the positive electrode.
Regarding claims 2, 3, 4, 6, and 8, Kadowaki teaches a method for manufacturing a positive electrode material for an all-solid-state lithium-ion battery (Kadowaki, [0187]). The positive electrode material is produced by mixing positive electrode active material with a solid electrolyte material to generate a ‘mixed powder’ (instant claim 1) (Kadowaki, [0064]). This mixed powder is used to generate a slurry by mixing a positive electrode active material, a sintering additive, the above conductive material, the above binder, a plasticizer, and a solvent (instant claim 6) (Kadowaki, [0371])
However, Kadowaki fails to teach the use of a dispersion medium (instant claim 2, 3, 4, and 6), specifically butyl butyrate (instant claim 8).
It is well known in the art to use butyl butyrate as a dispersion medium. For example, Osada teaches ‘mixing a positive electrode active material, a sulfide-based electrolyte, a conductive material, and a binder solution (Osada, [0166]). This binder solution consists of a dispersion medium (Osada, [0052]) that consists essentially of butyl butyrate (Osada, [0054]).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to add butyl butyrate as a dispersion medium because ‘a dispersion medium is added in order to adjust solid content and viscosity of the slurry composition’ (Osada, [0111]) and because ‘the butyl butyrate tends to have a low reactivity with respect to the sulfide-based solid electrolyte’ (Osada, [0054]).
Regarding claims 2, 3, 4, and 6, Kadowaki teaches a method for manufacturing a positive electrode material for an all-solid-state lithium-ion battery (Kadowaki, [0187]). The positive electrode material is produced by mixing positive electrode active material with a solid electrolyte material to generate a ‘mixed powder’ (instant claim 1) (Kadowaki, [0064]). This mixed powder is used to generate a slurry by mixing a positive electrode active material, a sintering additive, the above conductive material, the above binder, a plasticizer, and a solvent (instant claim 6) (Kadowaki, [0371])
However, Kadowaki fails to teach a quality evaluation being performed.
It is well known in the art to perform a quality evaluation. For example, Osada teaches ‘mixing a positive electrode active material, a sulfide-based electrolyte, a conductive material, and a binder solution (Osada, [0166]). This binder solution consists of a dispersion medium (Osada, [0052]) that consists essentially of butyl butyrate (Osada, [0054]). This mixture is then fed with ultrasonic wave by an ultrasonic homogenizer (Osada, [0200]). Finally, the slurry is evaluated by a grind gauge (Osada, [0202]).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to perform a quality evaluation to ensure a specific particle size, in this case a particle size of less than 100 µm (Osada, [0203]). Additionally, one of ordinary skill in the art would find it is obvious to evaluate each step in a process rather than once or at the end because one of ordinary skill would appreciate that doing so would ensure thorough mixing and uniform composition of a mixture and enable one to identify a particular step compromising quality in order to optimize the process.
Conclusion
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/M.K.H./Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724