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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, the limitation “ball mill” for the mixing step is indefinite in that it is unclear how the ball mill is used for both mixing and pulverizing. Applicant’s Specification discloses that a wet ball mill is used for mixing and a dry ball mill is used for pulverizing. The Examiner is interpreting the ball mill to be only for pulverizing.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yabuuchi (US 2019/0020021 A1).
Regarding claim 1, Yabuuchi discloses a positive electrode active material (paragraph [0040]), wherein the positive electrode active material is represented by a general formula: LixTi2x-1Mn2-3xO (0.50 < x < 0.65) (Li0.6Ti0.2Mn0.2O where x is 0.60; paragraphs [0042] and [0089]) and includes an irregular rock salt structure (Fig. 3; paragraphs [0026] and [0040]).
The positive electrode active material being for an all-solid-state lithium ion secondary battery is an intended use limitation that would be inherently met by Yabuuchi. Since the structure of the positive electrode active material of Yabuuchi is the same as the structure of the positive electrode active material of claim 1, the positive electrode active material of Yabuuchi would inherently be capable of being used in an all-solid-state lithium ion secondary battery. The image of the rock salt structure in Fig. 3 is not uniform and is considered to be an irregular rock salt structure.
Regarding claim 3, Yabuuchi discloses a positive electrode active material layer (a positive electrode; paragraph [0071]) comprising the positive electrode active material according to claim 1 (positive electrode active material disclosed by Yabuuchi as noted above; paragraph [0071]), a conductive material (paragraph [0071]) and a binder (paragraph [0071]).
Regarding claim 7, Yabuuchi discloses a manufacturing method of the positive electrode active material according to claim 1, comprising: mixing Li2CO3, Mn2O3, and TiO2 or NbO2 (synthesizing salts of lithium carbonate, manganese oxide and titanium oxide; paragraphs [0065]-[0069] and [0073]) and subjecting a mixture to firing to obtain a product (mixture is calcined; paragraph [0073]); and pulverizing the product in a ball mill (grinding in ball mill; paragraph [0073]).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yabuuchi (US 2019/0020021 A1) in view of Li et al (US 2020/0343582 A1).
Regarding claim 2, Yabuuchi discloses the positive electrode active material of claim 1 as noted above.
Yabuuchi does not disclose the positive electrode active material comprising at least a part of a surface covered with a LiNbO3 coating.
However, Li discloses a positive electrode active material comprising at least a part of a surface covered with a LiNbO3 coating (cathode active material comprising a coating formed on the surface of the cathode active material and wherein the coating layer comprises LiNbO3; paragraphs [0055]-[0056])
It would have been obvious to one of ordinary skill in the art to modify the positive electrode active material of Yabuuchi to include the LiNbO3 coating because having the surface of the cathode active material coated with a LiNbO3 coating suppresses reaction between the cathode active material and the solid electrolyte (paragraph [0055] of Li).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yabuuchi (US 2019/0020021 A1) in view of Kamaya et al (US 2021/0226200 A1).
Regarding claim 4, Yabuuchi discloses the positive electrode active material of claim 3 as noted above.
Yabuuchi does not disclose the positive electrode active material layer further comprising a sulfide solid electrolyte.
However, Kamaya discloses a positive electrode active material further comprising a sulfide solid electrolyte (positive electrode layer comprising positive electrode active material layer and a sulfide-based solid electrolyte; paragraph [0046]).
It would have been obvious to one of ordinary skill in the art to modify the positive electrode active material layer of Yabuuchi to include the sulfide-based solid electrolyte of Kamaya on the positive electrode active material layer because having a sulfide-based solid electrolyte prevents discharge capacity from hardly declining when repeating charging/discharging (paragraph [0026] of Kamaya).
Claims 5-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kamaya et al (US 2021/0226200 A1) in view of Yabuuchi (US 2019/0020021 A1).
Regarding claim 5, Kamaya discloses an all solid-state lithium secondary battery (paragraph [0036]).
Kamaya does not disclose the all solid-state lithium secondary battery comprising the positive electrode active material layer of claim 3.
However, Yabuuchi discloses a positive electrode active material layer (a positive electrode; paragraph [0071]) comprising the positive electrode active material according to claim 1 (positive electrode active material disclosed by Yabuuchi as noted above; paragraph [0071]), a conductive material (paragraph [0071]) and a binder (paragraph [0071]).
It would have been obvious to one of ordinary skill in the art to modify the all soldi-state battery of Kamaya to include the positive electrode of Yabuuchi for the positive electrode layer of Kamaya because having the required positive electrode active material allows for large charging and discharging capacities to be exhibited (paragraph [0023] of Yabuuchi).
Regarding claim 6, Kamaya discloses the all-solid state lithium secondary battery of claim 5 as noted above and Kamaya discloses the all-solid state lithium secondary battery comprising a positive electrode current collector layer (paragraph [0103]), the positive electrode active material layer (positive electrode layer; paragraph [0103]), a solid electrolyte layer (paragraph [0103]), a negative electrode active material layer (negative electrode layer; paragraph [0103]), and a negative electrode current collector (paragraph [0103]) layer are provided in this order (order provided from bottom to top).
Regarding claim 8, Kamaya discloses a method comprising laminating a positive electrode current collector layer (paragraph [0103]), the positive electrode active material layer (positive electrode layer; paragraph [0103]), a solid electrolyte layer (paragraph [0103]), a negative electrode active material layer (negative electrode layer; paragraph [0103]), and a negative electrode current collector (paragraph [0103]) layer are provided in this order (order provided from bottom to top).
Kamaya does not disclose the method comprising the positive electrode active material layer of claim 3.
Kamaya does not disclose the all solid-state lithium secondary battery comprising the positive electrode active material layer of claim 3.
However, Yabuuchi discloses a positive electrode active material layer (a positive electrode; paragraph [0071]) comprising the positive electrode active material according to claim 1 (positive electrode active material disclosed by Yabuuchi as noted above; paragraph [0071]), a conductive material (paragraph [0071]) and a binder (paragraph [0071]).
It would have been obvious to one of ordinary skill in the art to modify the method of Kamaya to include the positive electrode of Yabuuchi for the positive electrode layer of Kamaya because having the required positive electrode active material allows for large charging and discharging capacities to be exhibited (paragraph [0023] of Yabuuchi).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785