DETAILED ACTION
Response to Amendment
Claims 1 and 3-15 are currently pending. Claim 2 has been cancelled. The previous objection to claim 2 is withdrawn. The previously stated 112, 2nd paragraph rejection of claims 2, 3, and 7-11 is withdrawn. The previously stated double patenting rejection of claims 1-5, 12, and 15 is withdrawn. The amended claims do overcome the previously stated 102 rejection. However, upon further consideration, claims 1 and 3-15 are rejected under the following 103 rejections. This action is made FINAL as necessitated by the amendment.
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 and 3-11 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al (US 2019/0237765) in view of Yamamoto et al (US 2022/0009789).
Regarding claims 1 and 3-11, Brown et al discloses a lithium ion battery (solid-state battery) comprising a cathode, an anode, and a solid electrolyte or a silicate composition/organic electrolyte matrix (hybrid solid electrolyte), wherein the electrolyte matrix comprises silicate composition fibres (lithium-based solid electrolyte material), a lithium ion conducting organic electrolyte (e.g. PAN or PEO (polymer solid electrolyte) combined with LiClO4 (inorganic salt)); wherein an example of the silicate composition fibres includes Li3.3La0.3Zr1.7Si2PO12 (lithium-based solid electrolyte material, A is La, B is Zr, x = 0.3, d = 0), wherein Li3.3La0.3Zr1.7Si2PO12 inherently has a NASICON-type crystal structure that is selected from a rhombohedral and a monoclinic structure because Brown teaches the same Li3+xAxB2-xSi2PO12-dCd material as the present invention; wherein examples of the solid polymer electrolyte include PEO, PAN, polyvinyl chloride, PVDF, PMMA, and PVDF-HFP; wherein examples of the lithium salt (inorganic salt) include lithium bis(trifluoromethanesulfonyl)imide (LiTFSi), lithium hexafluorophosphate (LiPF6), lithium perchlorate (LiClO4), and lithium tetrafluoroborate (LiBF4) ([0053],[0058],[0064],[0287],[0298],[0299],[0302], Table 2, Sample C-5).
However, Brown et al does not expressly teach A that is Sc (claim 1).
Yamamoto et al discloses a solid electrolyte including an oxide solid electrolyte, wherein examples of the oxide of the crystalline material include … a NASICON type crystal obtained by substituting a part of elements of the crystal with N, F, Al, Sr, Sc, …, and the like ([0163],[0164]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Brown silicate composition fibres to include Li3.3Sc0.3Zr1.7Si2PO12 because the substitution of one known A element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al (US 2019/0237765) in view of Pei (CN 103904360 A, machine translation).
Regarding claims 12-15, Brown et al discloses a lithium ion battery (solid-state battery) comprising a cathode, an anode, and a solid electrolyte or a silicate composition/organic electrolyte matrix (hybrid solid electrolyte), wherein the electrolyte matrix comprises silicate composition fibres (solid electrolyte material), a lithium ion conducting organic electrolyte (e.g. PAN or PEO (polymer solid electrolyte) combined with LiClO4 (inorganic salt)); wherein an example of the silicate composition fibres includes Li3.3La0.3Zr1.7Si2PO12 (solid electrolyte material); wherein examples of the solid polymer electrolyte include PEO, PAN, polyvinyl chloride, PVDF, PMMA, and PVDF-HFP; wherein examples of the lithium salt (inorganic salt) include lithium bis(trifluoromethanesulfonyl)imide (LiTFSi), lithium hexafluorophosphate (LiPF6), lithium perchlorate (LiClO4), and lithium tetrafluoroborate (LiBF4) ([0053],[0058],[0064],[0287], [0298],[0299],[0302], Table 2, Sample C-5).
However, Brown et al does not expressly teach a solid electrolyte material selected from the group consisting of Li3.4Zr1.6Sc0.4Si2PO12, Li3.25Zr1.75Sc0.25Si2PO12, Li3.4Zr1.6Sc0.4Si2PO11.95Cl0.05, Li3.4Zr1.6Sc0.4Si2PO11.9Cl0.1, Li3.25Zr1.75Sc0.25Si2PO11.95Cl0.05, and Li3.25Zr1.75Sc0.25Si2PO11.9Cl0.1 (claim 12).
Pei discloses a solid electrolyte comprising an ion conductor Li7M3ZrO12 (solid electrolyte material), wherein M can be one or more components selected from La, Al, Sr, Sc, … (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Brown silicate composition fibres to include Li3.3Sc0.3Zr1.7Si2PO12 in order to improve the interface between the electrodes and the solid electrolyte to provide low interface impedance and grain resistance, and improved durability and circulation performance (Abstract). In addition, the substitution of Sc for La would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Lastly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Brown/Pei silicate composition fibres to include Li3.4Sc0.4Zr1.6Si2PO12 or Li3.25Sc0.25Zr1.75Si2PO12 because changes in proportion was held to have been obvious (In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955)). There is no evidence of criticality of the claimed composition of the solid electrolyte material.
Claims 1 and 3-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2016/0064785) in view of Yamamoto et al (US 2022/0009789).
Regarding claims 1 and 3-11, Kim et al discloses a lithium secondary battery (solid-state battery) comprising a cathode, an anode, and a solid electrolyte/cathode interlayer that is an organic/inorganic composite electrolyte (hybrid solid electrolyte), wherein the organic/inorganic composite electrolyte comprises inorganic electrolyte (solid electrolyte material), an ion conducting polymer that includes a blend of a lithium salt and polyethylene oxide (polymer solid electrolyte); wherein examples of the lithium salt (inorganic salt) include lithium bis(trifluoromethanesulfonyl)imide (LiTFSi), lithium hexafluorophosphate (LiPF6), lithium perchlorate (LiClO4), and lithium tetrafluoroborate (LiBF4), lithium hexafluoroarsenate LiAsF6; wherein examples of the inorganic electrolyte include Li1+q+yQqTi2-qSiyP3-yO12, where 0<q≤0.4, 0<y≤0.6, and Q is Al or Ga (lithium-based solid electrolyte material, A is Al or Ga, B is Ti (transition metal), 0<x≤0.4, d = 0), wherein Li1+q+yQqTi2-qSiyP3-yO12 has a NASICON-type crystal structure, wherein the NASICON-type crystal structure is selected from the group consisting of a rhombohedral and a monoclinic structure ([0043]-[0047],[0051],[0052]-[0054],[0071], [0079],[0080]).
However, Kim et al does not expressly teach A that is Sc (claim 1).
Yamamoto et al discloses a solid electrolyte including an oxide solid electrolyte, wherein examples of the oxide of the crystalline material include … a NASICON type crystal obtained by substituting a part of elements of the crystal with N, F, Al, Sr, Sc, …, and the like ([0163],[0164]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Kim inorganic electrolyte to include Li1+q+yScqTi2-qSiyP3-yO12 because the substitution of one known Q element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2016/0064785) in view of Pei (CN 103904360 A, machine translation).
Regarding claims 12-15, Kim et al discloses a lithium secondary battery (solid-state battery) comprising a cathode, an anode, and a solid electrolyte/cathode interlayer that is an organic/inorganic composite electrolyte (hybrid solid electrolyte), wherein the organic/inorganic composite electrolyte comprises inorganic electrolyte (solid electrolyte material), an ion conducting polymer that includes a blend of a lithium salt and polyethylene oxide (polymer solid electrolyte); wherein examples of the lithium salt (inorganic salt) include lithium bis(trifluoromethanesulfonyl)imide (LiTFSi), lithium hexafluorophosphate (LiPF6), lithium perchlorate (LiClO4), and lithium tetrafluoroborate (LiBF4), lithium hexafluoroarsenate LiAsF6; wherein examples of the inorganic electrolyte include Li1+q+yQqTi2-qSiyP3-yO12, where 0<q≤0.4, 0<y≤0.6, and Q (A) is Al or Ga (lithium-based solid electrolyte material, B is Ti (transition metal), 0<x≤0.4, d = 0) ([0043]-[0047],[0051],[0052]-[0054],[0071],[0079],[0080]).
However, Kim et al does not expressly teach a solid electrolyte material selected from the group consisting of Li3.4Zr1.6Sc0.4Si2PO12, Li3.25Zr1.75Sc0.25Si2PO12, Li3.4Zr1.6Sc0.4Si2PO11.95Cl0.05, Li3.4Zr1.6Sc0.4Si2PO11.9Cl0.1, Li3.25Zr1.75Sc0.25Si2PO11.95Cl0.05, and Li3.25Zr1.75Sc0.25Si2PO11.9Cl0.1 (claim 12).
Pei discloses a solid electrolyte comprising an ion conductor Li7M3ZrO12 (solid electrolyte material), wherein M can be one or more components selected from La, Al, Sr, Sc, … (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Kim inorganic electrolyte to include Li1+q+yScqZr2-qSiyP3-yO12 in order to improve the interface between the electrodes and the solid electrolyte to provide low interface impedance and grain resistance, and improved durability and circulation performance (Abstract). In addition, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Kim/Pei inorganic electrolyte to include Li3.4Sc0.4Zr1.6Si2PO12 or Li3.25Sc0.25Zr1.75Si2PO12 because changes in proportion was held to have been obvious (In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955)). Further, Kim et al also discloses that “The crystalline lithium ion conducting compound may comprise, for example, Li1+x+y(AlzGa1−z)x″(TiyGe1−y)2−x″Siy′P3−y′O12 (wherein 0≦z≦1, 0≦y≦1, 0≦x″≦1′ and 0≦y′≦1, for example wherein 0≦x≦0.4 and 0<y≦0.6, or 0.1≦x≦0.3 and 0.1<y≦0.4). To attain improved ion conductivity, the crystalline lithium ion conducting compound may not include a grain boundary that impedes ion conduction” ([0071]). There is no evidence of criticality of the claimed composition of the solid electrolyte material.
Response to Arguments
Applicant's arguments filed 2/25/26 have been fully considered but they are not persuasive.
The Applicant argues that “Pei merely relates to a garnet-type lithium-based solid electrolyte in which M in the matrix Li7M3Zr2O12 or Li5Ta₃M₂O12 may be La, Al, Sr, Sc, Cr, Ba, Fe, Mo or Y. Pei is silent as to the specific use and advantages of Sc, and does not teach or suggest the halogen or sulfur substitution embodiment. Additionally with respect to Claim 6 and 7 Pei proposes a garnet-type lithium-based solid electrolyte whereas the present invention relates to a NASICON-type crystal structure. Thus, Pei in addition to being silent as to the advantages of Sc, does not teach or suggest the NASICON-type solid electrolyte of Claims 6 and 7”.
In response, the Office first points out that claims 1, 3-5, and 8-15 do not require a NASICON-type crystal structure. So, even if Pei discloses a garnet-type lithium-based solid electrolyte, one of ordinary skill in the art would have been able to substitute one known M (A) element for another in order to improve the interface between the electrodes and the solid electrolyte to provide low interface impedance and grain resistance, and improved durability and circulation performance. In addition, there is no evidence of criticality of Sc as a substitution element because the specification of the present application only shows examples with Sc that provides acceptable ionic conductivity with no comparison to other A elements.
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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/T.S.C/Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 5/21/2026
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