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 § 103
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 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, 4, 7-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 20190173127 A1, “Jang”).
Regarding claim 1, Jang discloses a method for producing a sulfide solid electrolyte (see abstract “method for preparing a sulfide-based solid electrolyte”), the method comprising mixing a raw material-containing matter that contains a lithium atom, a phosphorus atom, and a sulfur atom with a first solvent to provide a precursor-containing mixture (see abstract “dissolving lithium sulfide, phosphorus sulfide and a halogen compound in a solvent, obtaining a precursor powder by removing the solvent from the precursor solution”; see [0050] “stirring”), mixing the precursor-containing mixture with a second solvent that is incompatible with the first solvent (see [0019] “solvent may suitably be selected from one or more of polar or non-polar solvents” & “admix the above described components” and non-polar and polar reads on incompatible solvents), and removing the first solvent and the second solvent (see [0020] “the solvent may be removed by drying after obtaining the precursor solution” & “to admix the components, more typically, as substantial portion of the solvent is removed”). Regarding the limitation of an emulsion, the specification of the instant invention provides evidence that an emulsion is formed based on the solvents (see [0017] “When the first solvent contains a hydrocarbon solvent, solid-electrolyte raw materials are firstly dispersed uniformly in the first solvent, and then, the dispersion is mixed with the second solvent containing an alcohol solvent to form an emulsion.”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Jang which discloses a mixture with similar solvents (see Jang abstract & [0019] non-polar solvent reads on hydrocarbon solvent & “ethanol” reads on alcohol solvent) would form an emulsion, as evidenced by the specification of the instant invention (see [0017]).
Regarding claim 4, Jang discloses the method for producing a sulfide sold electrolyte of claim 1 and further discloses wherein the first solvent and the second solvent are removed from the emulsion by removing one of the first solvent and the second solvent from the emulsion (see [0019] “solvent may suitably be selected from one or more of polar or non-polar solvents” & “admix the above described components”; see [0020] “to admix the components, more typically, as substantial portion of the solvent is removed”) containing the sulfide solid electrolyte, and removing the other of the first solvent and the second solvent (see abstract & [0019], [0020]).
Regarding the limitation of a slurry, the specification of the instant invention provides evidence that an emulsion (which reads on slurry) is formed based on the solvents (see [0017] “When the first solvent contains a hydrocarbon solvent, solid-electrolyte raw materials are firstly dispersed uniformly in the first solvent, and then, the dispersion is mixed with the second solvent containing an alcohol solvent to form an emulsion”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Jang which discloses a mixture with similar solvents (see Jang abstract & [0019] non-polar solvent reads on hydrocarbon solvent & “ethanol” reads on alcohol solvent) would form an emulsion (which reads on slurry), as evidenced by the specification of the instant invention (see [0017]).
Regarding claim 7, Jang discloses the method for producing a sulfide solid electrolyte of claim 1 and further discloses wherein the raw material-containing matter further contains a halogen atom (see abstract “and a halogen compound” & see [0016] “halogen atoms such as F, Cl, Br, or I”).
Regarding claim 8, Jang discloses the method for producing a sulfide solid electrolyte according to claim 1 and further discloses after removing the first solvent and the second solvent from the emulsion (see [0020] “the solvent may be removed by drying after obtaining the precursor solution” & “to admix the components, more typically, as substantial portion of the solvent is removed”), subjecting the sulfide solid electrolyte to a heat treatment to crystallize the sulfide solid electrolyte (see [0022] “fifth drying at a temperature ranging from about 200 °C to less than about 250 °C for about 1 hr to 3 hr”; see [0026] “sulfide-based solid electrolyte may suitably include the argyrodite-type crystal structure” & see [0043] “obtaining a precursor powder by removing the solvent from the precursor solution (S2) and growing solid electrolyte crystals by thermally treating the precursor powder (S3)”).
Regarding claim 10, Jang discloses the method for producing a sulfide solid electrolyte according to claim 1 and further discloses wherein the raw material-containing matter and the first solvent are used at a ratio of 1.0 g or more and 20.0 g or less of the raw material-containing matter relative to 100 ml of the first solvent (see abstract “dissolving lithium sulfide, phosphorus sulfide and a halogen compound in a solvent, obtaining a precursor powder by removing the solvent from the precursor solution”; see Example in [0063] “describes 4.28 g of lithium sulfide, 4.14 g of phosphorus pentasulfide, 1.57 g of a lithium chloride & describes 100 g of solvent).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that 100 g of solvent as disclosed by Jang can be converted to ml of solvent by using the density of the solvent.
Claims 2-3, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 20190173127 A1, “Jang”) as applied to claim 1 above, and further in view of Kashima et al. (US 20200239656 A1, “Kashima”).
Regarding claim 2, Jang discloses the method for producing a sulfide solid electrolyte of claim 1 and further discloses wherein one of the first solvent and the second solvent contains an alcohol solvent (see [0019] “solvent may suitably be selected from one or more of polar or non-polar solvents that substantially suspend, dissolve or otherwise admix the above described components” & see [0019] “ethanol” reads on alcohol solvent) and the other of the first solvent and the second solvent contains a hydrocarbon solvent (see [0019] “solvent may suitably be selected from one or more of polar or non-polar solvents that may substantially suspend, dissolve or otherwise admix the above described components” & non-polar solvent reads on hydrocarbon solvent). Jang does not explicitly disclose a solvent having 5 to 40 carbon atoms.
Kashima teaches hydrocarbon solvent having 7 carbon atoms (see [0061] “toluene”). Kashima teaches in [0060] “the method of removing with an organic solvent which dissolves the resin particles is, for example, a method of removing the resin particles by contact (for example, immersion in the solvent) with the organic solvent which dissolves the resin particles. In this case, immersion in the solvent is desirable in view of increasing the dissolution efficiency of the resin particles.” & in [0061] the organic solvent which dissolves the resin particles and used for removing the resin particles is not particularly limited as long as the organic solvent can dissolve the resin particles but does not dissolve the polyimide film before the completion of imidization and the polyimide film after the completion of imidization. Examples thereof include” & “aromatics such as toluene and the like.”
Jang and Kashima are analogous to the current invention because they are both related to the same field of endeavor, namely production method (see [0044]) & solid electrolyte (see [0017]).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a solvent having 7 carbon atoms as suggested by Kashima (see [0061] “toluene” which reads on a solvent having 7 carbon atoms) into the method for producing a sulfide solid electrolyte of Jang because doing so “increasing the dissolution efficiency of the resin particles” as suggested by Kashima (see [0060]).
Regarding claim 3, Jang discloses the method for producing a sulfide solid electrolyte of claim 1 and further discloses wherein the first solvent contains a hydrocarbon solvent (see [0019] “solvent may suitably be selected from one or more of polar or non-polar solvents that may substantially suspend, dissolve or otherwise admix the above described components” & non-polar solvent reads on hydrocarbon solvent). Jang discloses and the second solvent contains an alcohol solvent (see [0019] “solvent may suitably be selected from one or more of polar or non-polar solvents that may substantially suspend, dissolve or otherwise admix the above described components” & “ethanol” reads on alcohol solvent). Jang does not explicitly disclose a solvent having 5 to 40 carbon atoms.
Kashima teaches hydrocarbon solvent having 7 carbon atoms (see [0061] “toluene”). Kashima teaches in [0060] “the method of removing with an organic solvent which dissolves the resin particles is, for example, a method of removing the resin particles by contact (for example, immersion in the solvent) with the organic solvent which dissolves the resin particles. In this case, immersion in the solvent is desirable in view of increasing the dissolution efficiency of the resin particles.” & in [0061] the organic solvent which dissolves the resin particles and used for removing the resin particles is not particularly limited as long as the organic solvent can dissolve the resin particles but does not dissolve the polyimide film before the completion of imidization and the polyimide film after the completion of imidization. Examples thereof include” & “aromatics such as toluene and the like.”
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a solvent having 7 carbon atoms as suggested by Kashima (see [0061] “toluene” which reads on a solvent having 7 carbon atoms) into the method for producing a sulfide solid electrolyte of Jang because doing so “increasing the dissolution efficiency of the resin particles” as suggested by Kashima (see [0060]).
Regarding claim 9, Jang discloses the method for producing a sulfide solid electrolyte of claim 1. Jang does not explicitly disclose wherein the first solvent and the second solvent are used at a ratio of 10:90 to 90:10 by mass.
Kashima teaches ratio of solvents (see [0129] “the aqueous solvent is a solvent containing 50% by mass or more of water relative to the total aqueous solvent” which describes 50:50 ratio of solvent by mass).
Kashima teaches a range of 50:50, which lies within the claimed range of 10:90 to 90:10. MPEP 2144.05 I states that '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)'.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 20190173127 A1, “Jang”) as applied to claim 1 above, and further in view of Chiga et al. (JP 2019169459 A, “Chiga”). The machine translation is used herein for citation purposes.
Regarding claim 5, Jang discloses the method for producing a sulfide solid electrolyte of claim 1 and further discloses wherein the first solvent and the second solvent are removed from the emulsion by supplying the emulsion into a gas medium of a temperature higher than a boiling point of the first solvent and higher than a boiling point of the second solvent to vaporize the first solvent and the second solvent (see [0020] “solvent may be removed by drying” & “admix the components” & see [0021] “solvent may be removed by drying” & “vacuum atmosphere” which reads on gas medium & “temperature ranging from 25 °C to about 250 °C for about 5 hr to 15 hr” & see [0022] “fifth drying at a temperature ranging from about 200 °C to less than about 250 °C for about 1 hr to 3 hr”; see [0054] describes “removing the solvent by drying the precursor solution in a vacuum atmosphere at a temperature ranging from about 25 °C to about 250 °C” & describes “if the drying conditions are less than about 25 °C and/or less than about 5 hr, the solvent may not be sufficiently removed, and the reaction of the raw materials may become insufficient. On the other hand, if the drying conditions is greater than about 250 °C and/or about 15 hr, the raw materials, especially phosphorus sulfide, may degrade.”).
Chiga teaches liquid medium (see [0029] “medium for supplying the solid electrolyte raw material-containing liquid may be a liquid or gas that is stable even at temperatures higher than the boiling point of the above-mentioned solvent”; see [0031] “when a liquid is used as the medium, it is preferable that the liquid is filled in a container and used in an agitated state”. Chiga teaches in [0029] “a liquid in which the target argyrodite-type crystal structure is insoluble and which has a high boiling point can be suitably used. The crystalline structure being insoluble means that a part or all of the crystalline structure does not dissolve in a liquid and precipitates as a solid” & “The boiling point of the liquid is preferably 150°C or higher and 500°C or lower, more preferably 180°C or higher and 400°C or lower, because this allows the solvent injected into the medium to be easily volatilized and removed, and also prevents decomposition of the solvent and medium.”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate liquid medium as suggested by Chiga (see [0031]) into the method for producing a sulfide solid electrolyte of Jang because using a liquid that the crystal is insoluble and has a high boiling point “allows the solvent injected into the medium to be easily volatilized and removed”, as suggested by Chiga (see [0029]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 20190173127 A1, “Jang”) as applied to claim 1 above, and further in view of Shibata et al. (WO 2020105736 A1, “Shibata”) as an evidentiary reference. The English version is used herein for citation purposes (US 20210242496 A1).
Regarding claim 6, Jang discloses the method for producing a sulfide solid electrolyte of claim 1 and further discloses wherein a first solvent contains a complexing agent (see [0019] “ethanol”).
Shibata provides evidence ethanol is an example of a complexing agent (see [0079] “examples of other complexing agent include alcohol-based solvents, such as ethanol”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the “ethanol” disclosed by Jang (see [0019]) would act as a complexing agent, as evidenced by Shibata (see [0079]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 20190173127 A1, “Jang”) as applied to claim 1 above, and further in view of Ito (WO 2020179523 A1, “Ito”, US 20220169509 A1 is used herein for citation purposes) and Chiga et al. (JP 2019169459 A, “Chiga”, The machine translation is used herein for citation purposes).
Regarding claim 11, Jang discloses the method for producing a sulfide solid electrolyte of claim 1 and further discloses wherein the precursor-containing mixture and the second solvent are mixed (see [0053] “stirring of the precursor solution at a high temperature”). Jang does not explicitly disclose a stirring power of 0.01 W/m3 or more.
Ito teaches stirring power (see [0040] “it is sufficient when stirring power that can enable suspension and dispersion of the slurry is provided”).
Jang and Ito are analogous to the current invention because they are both related to the same field of endeavor, namely “method for producing sulfide solid electrolyte” (see Ito title).
Chiga teaches a value for stirring (see [0042] “stirring at 200 rpm”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “stirring at 200 rpm”, as suggested by Chiga (see [0042]) & “it is sufficient when stirring power that can enable suspension and dispersion of the slurry is provided”, as suggested by Ito (see [0040]) into the method of Jang because a skilled artisan would recognize doing so would disperse the slurry and a skilled artisan would find it obvious to convert rpm to W/m3.
Conclusion
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/S.A.A./ Examiner, Art Unit 1725
/JAMES M ERWIN/ Primary Examiner, Art Unit 1725 02/26/2026