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 .
DETAILED ACTION
This Office Action is responsive to the amendment filed on 6/1/2026. Claim 11 has been canceled. Claims 1-10, 12-15 are pending. Claims 1-9 are withdrawn from further consideration as being drawn to a non-elected invention, in accordance with 37 CFR 1.142(b). Claim 10 has been amended. Applicant’s arguments have been considered, and are persuasive. However, upon further consideration, the instant claims are rejected under new grounds of rejections. Claims 10, 12-15 are non-finally rejected for reasons stated herein below.
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 10-13, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20200029227) in view of Lin (US 2022/0376255).
Regarding claim 10, Kim discloses a solid electrolyte for a battery which contains Li, La, and Zr and is doped with Al, Ga ([0121] of the translation).
In claim 10, the limitation “for a garnet-type all-solid-state battery” has been interpreted as an intended use. However, the instant Specification states that the formula Li7La3Zr2O12 (LLZO) is a garnet-type oxide [0003], and hence Kim’s lithium lanthanum zirconium oxide electrolyte (LLZO), for Example Kim’s Example 1 of Li6.25Al0.2Ga0.05La3Zr2O12, and Example 2 of Li6.1Al0.2Ga0.1La3Zr2O12 also appear to be of a garnet-type structure.
Regarding claim 11, Kim discloses the solid electrolyte for the all-solid-state battery has a structure Li6.25Al0.2Ga0.05La3Zr2O12 in Example 1 (see Kim [0124] of the original document), and Li6.25Al0.2Ga0.1La3Zr2O12 in Example 2 (see Kim [0162] of the original document).
In claim 11, regarding the amount of gallium, Kim discloses that ionic conductivity is improved by controlling the gallium content [0010]. Example 1 discloses that the amount of gallium is 0.05 or 0.1. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the amount of gallium for the benefit of improving ionic conductivity.
Regarding claim 15, Kim discloses the solid electrolyte for the all-solid-state battery is a powder type or a pellet type ([0121] of the translation).
Regarding claim 10, Kim discloses a solid electrolyte for an all-solid-state battery, which contains Li, La, and Zr and is doped with Al, Ga, but does not disclose a solid electrolyte for a triple-doped garnet-type battery having Zr with 1.75 <d<0.91 and being further doped with Ta. Lin teaches a solid electrolyte having high ionic conductivity [0005]. The solid electrolyte comprises a material having the basic formula Li7La3Zr2O12 (LLZO) and derivatives thereof wherein at least one of Al, Ta, or Nb is substituted in Zr sites of the Li7La3Zr2O12 [0014]. Ceramic particles that are AlxLi7-xLa3Zr1.75Ta0.25O12 exhibits improved ionic transport [0038]. Another example is AlxLi7-xLa3Zr2-y-zTayO12, wherein x ranges from 0 to 0.85, y ranges from 0 to 0.50, and z ranges from 0 to 0.75 [0038]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to partially substitute Kim’s Zr with Ta, as taught by Lin, for the benefit of further improving ionic conductivity of Kim’s solid electrolyte.
Regarding claim 11, Formula I that includes Ta as a dopant with an amount between 0.01 and 0.02, Lin teaches a LLZO with a partial substitution of Zr with Al, Ta, and Nb exhibits improved ionic transport [0038]. Lin clearly teaches that Ta is a result effective variable. It has been held by the courts that discovering an optimum value or workable ranges of a result-effective variable involves only routine skill in the art, and thus not novel. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). See MPEP 2144.05.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add and adjust the substitution amount of Ta to Kim’s lithium lanthanum zirconium oxide doped with aluminum and gallium, as taught by Lin, for the benefit of further improving ionic conductivity. 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.
Regarding claim 12, the solid electrolyte for the all-solid-state battery has an ionic conductivity of 3.0×10−4 S/cm−1 or more and 5.0×10−4 S/cm−1 or less, it would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the ionic conductivity of Kim’s solid electrolyte, by adjusting the amounts of the dopants, ad disclosed by Kim and taught by Lin, for the benefit of having good ionic conductivity.
Regarding claim 13, state battery contains a cubic phase and a tetragonal phase, and the cubic phase is contained in an amount of 75% by weight or more and 85% by weight or less, it is noted that the crystalline phases are an inherent property of a composition. Hence, it is noted that claim 13 would be met by the solid oxide of Kim modified by Lin.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20200029227) in view of Lin (US 2022/0376255) as applied to claim 10, further in view of Sung (US 2016/0190639).
Regarding claim 14, Kim modified by Lin does not disclose that the solid electrolyte for the all-solid-state battery has a relative density of 97% or more calculated by Equation 1 below.
Relative density (%)=real density of solid electrolyte for triple-doped garnet-type all-solid-state battery/theoretical density of solid electrolyte for triple-doped garnet-type all-solid-state battery, the instant Specification states in paragraph [0069]:
[0069] According to one embodiment of the present disclosure, the compression step (S70) of compressing the pulverized material to form it into pellets may be to manufacture pellets by applying a pressure to the pulverized material obtained through the pulverizing step (S50). The pressure applied to the pulverized material in the compression step (S70) may be 100 MPa or more and 300 MPa or less. Preferably, the compression step (S70) may be performing compression at a pressure of 200 MPa. When performing compression at the above pressure in the compression step (S70), it is possible to prepare a high energy density electrolyte since the energy density increases. (emphasis added)
Kim discloses that the solid electrolyte was in pellet form, but does not disclose the amount pressure that the pellet was formed with. Sung forming a garnet-based solid electrolyte pellets at a pressure between 120 to 150 MPa [0022]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the solid electrolyte pellets of Kim modified by Lin with a pressure between 120 to 150 MPa, as taught by Sung, for the benefit of forming a tightly formed pellet.
It is noted that Kim modified by Lin and Sung meets the limitation of claim 14.
Response to Arguments
Arguments dated 6/1/2026 are moot in view of the new grounds of rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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