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 .
Status
Claims 1-16 are pending.
The previous 102 rejection of record and 103 rejection of claim 5 of record have been withdrawn in light of the amendments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5, 8-10, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20200144599A1) in view of Hwang et al. (US20220231286A1).
Regarding claim 1, Lee discloses an all-solid-state battery (see annotated Fig. 3 below) comprising: an anode current collector (21) ; a lithium inducing layer (anodeless coating layer 22 and thin film 24) disposed on the anode current collector (see Fig. 3); a solid electrolyte layer (30) disposed on the lithium inducing layer such that the lithium inducing layer (22 and 24) is disposed between the anode current collector (21) and the solid electrolyte layer (30); a cathode layer (12) disposed on the solid electrolyte layer such that the solid electrolyte layer is disposed between the lithium inducing layer and the cathode layer (see Fig. 3); and a cathode current collector (11) disposed on the cathode layer such that the cathode layer is disposed between the solid electrolyte layer and the cathode current collector (see Fig. 3), wherein the lithium inducing layer comprises a plurality of intermediate layers (22 and 24), wherein the plurality of intermediate layers comprises a first layer (22) comprising a carbon material ([0086] anodeless coating layer 22) and a second layer (24) comprising a metal capable of alloying with lithium ([0088] thin film 24), and wherein the second layer is disposed on at least one surface of the first layer (see Fig. 3).
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Lee does not disclose that each intermediate layer of the plurality of intermediate layers comprises a first layer comprising a carbon material and a second layer comprising a metal capable of alloying with lithium, and wherein in each intermediate layer of the plurality of intermediate layers, the second layer is disposed on at least one surface of the first layer.
Hwang discloses a lithium-ion battery ([0043]) where the anode may include an active layer with multiple intermediate layers ([0072]) in which each intermediate layer (See annotated Fig. 2C below, intermediate layer) of the plurality of intermediate layers (Fig. 2C, plurality of intermediate layers) comprises a first layer (Fig. 2C, graphite layer 204 and hard carbon layer 206) comprising a carbon material (graphite layer and hard carbon layer necessarily contains carbon material) and a second layer (Fig. 2C, metal layer 208) comprising a metal capable of alloying with lithium ([0057 lithium-metal layer), and wherein in each intermediate layer of the plurality of intermediate layers, the second layer is disposed on at least one surface of the first layer (See Fig. 2C, metal layer 208 is disposed on the surface of carbon layer 206). Hwang also discloses how the multiple intermediate layers can provide for a thicker anode while making use of the same fabrication techniques ([0072]).
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Lee and Hwang are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely batteries.
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the anode of Lee such that each intermediate layer of the plurality of intermediate layers comprises a first layer comprising a carbon material and a second layer comprising a metal capable of alloying with lithium, and wherein in each intermediate layer of the plurality of intermediate layers, the second layer is disposed on at least one surface of the first layer as taught by Hwang because adding additional intermediate layers of both the metal and carbon layers to an all-solid-state battery to obtain the desired design (a thicker anode) without unexpected results is well within the ambit of one of ordinary skill in the art. Furthermore, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2141.04(VI)B In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 2, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 4 below, note Fig. 4 is an embodiment of Fig. 3), further comprising lithium precipitation layer (23), the anode current collector (21) and the lithium inducing layer (22 and 24). Lee also discloses that the lithium precipitation layer ([0088] metal layer 23) is formed on the anode current collector (21) from the lithium inducing layer ([0088]). Therefore, the lithium precipitation layer is necessarily between an anode current collector and a lithium inducing layer.
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Regarding claim 3, modified Lee discloses the all-solid-state battery of claim 2 (see annotated Fig. 4 above), and Lee discloses that the lithium precipitation layer (metal layer 23) is formed from the first layer (anodeless coating layer 22) due to overcharging of the first layer ([0119] overcharging of the anodeless coating layer). Since the lithium precipitation layer (23) is formed from the first layer (22), the volume of the first layer is necessarily reduced by a volume that is expanded by the lithium precipitation layer. Further, with regards to a plurality of intermediate layers, the volume of the first layer of each intermediate layer of the plurality of intermediate layers is necessarily reduced by a volume that is expanded by the lithium precipitation layer. MPEP 2112.02 “When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process.”
Regarding claim 5, modified Lee discloses the all-solid-state battery (see annotated Fig. 3 above) of claim 1, wherein Lee discloses that the lithium inducing layer (22 and 24) is disposed between the anode current collector (21) and the solid electrolyte layer (30).
Modified Lee does not disclose that the second layer of each intermediate layer of the plurality of intermediate layers faces the solid electrolyte layer and the first layer of each intermediate layer of the plurality of intermediate layers faces the anode current collector.
Hwang discloses a lithium-ion battery ([0043]) in which the second layer (See annotated Fig. 2C above, metal layer 208) of each intermediate layer of the plurality of intermediate layers faces the solid electrolyte layer (See Fig. 2C, metal layer 208 facing solid electrolyte layer 110) and the first layer (Fig. 2C, hard carbon layer 206 and graphite layer 204) of each intermediate layer of the plurality of intermediate layers faces the anode current collector (See Fig. 2C, graphite layer 204 facing current collecting layer 202).
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the solid-state-battery of modified Lee such that the second layer of each intermediate layer of the plurality of intermediate layers faces the solid electrolyte layer and the first layer of each intermediate layer of the plurality of intermediate layers faces the anode current collector as taught by Hwang because there are a finite number of identified arrangements of layers in the intermediate layers (either of the first and second layer facing solid electrolyte layer or either of the first and second layer facing current collector) and choosing an arrangement of layers without changing the operation of the battery is well within the ambit of one of ordinary skill in the art. MPEP 2141(III)E choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Regarding claim 8, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above), wherein Lee discloses the metal of the second layer (24) of each intermediate layer of the plurality of intermediate layers comprises aluminum, zinc, indium, silver, gold, magnesium, silicon, bismuth, germanium, platinum, antimony, or any combination thereof ([0088]).
Regarding claim 9, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above), wherein Lee discloses the second layer (24) of each intermediate layer of the plurality of intermediate layers is deposited on the first layer (22) of the plurality of intermediate layers (Fig. 3).
Regarding claim 10, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above), wherein Lee discloses at least a portion of the metal in the second layer (24) of the plurality of intermediate layers is configured to form an alloy with lithium ions when the all-solid-state battery is charged ([0088]).
Regarding claim 12, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above) wherein Lee discloses each intermediate layer of a plurality of intermediate layers that has a ratio (A/B) of a weight (A) of the metal of the second layer ([0086] gold) of each intermediate layer of the plurality of intermediate layers per unit area and a weight (B) of the carbon material of the first layer ([0094] amorphous carbon) of each intermediate layer of the plurality of intermediate layers per unit area in a range of 0.1 to 1 ([0094] a mixing weight ratio in the mixture of amorphous carbon to gold is 1:1 which is equivalent to A/B = 1).
Regarding claim 13, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above) wherein Lee discloses each intermediate layer of a plurality of intermediate layers that has a thickness of 6 μm or less ([0087] thickness of the anodeless coating layer may in a range of 1 μm to about 20 μm and [0089] thickness of the thin film in a range of about 1 nm to 500 nm). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05
Regarding claim 14, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above) wherein Lee discloses a lithium inducing layer that has a thickness in a range of 10 μm to 20 μm ([0087] thickness of the anodeless coating layer may in a range of 1 μm to about 20 μm and [0089] thickness of the thin film in a range of about 1 nm to 500 nm). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05
Regarding claim 15, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above) wherein Lee discloses an operation temperature of the all-solid-state battery that is 40°C or less ([0129] all-solid battery subjected to cycles at a temperature of 25°C).
Regarding claim 16, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above), wherein Lee discloses lithium metal is not present in the first layer of each intermediate layer of the plurality of intermediate layers when the all-solid-state battery is charged ([0051] the anodeless coating layer may be a lithium-free-region that does not include lithium in an initial state or a state after discharge).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20200144599A1) and Hwang et al. (US20220231286A1) as applied to claim 1 above, and further in view of Verbrugge et al. (US20200388825A1).
Regarding claim 4, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above), wherein Lee discloses the all-solid-state battery that may have a State of Charge (SOC) 100 ([0053] charged) and SOC 0 ([0053] discharge). Lee also discloses that a first layer (22) of the battery may serve as a protective layer ([0091]). Lee does not disclose a volume change of 1% or less between State of Charge (SOC) 100 and SOC 0.
Verbrugge discloses an electrode in a lithium-ion battery. Verbrugge also discloses that volumetric expansion can result in cracking of a protective layer in the electrode, thereby reducing the effectiveness of the protective layer and ultimately of the electrode ([0026]). Verbrugge also discloses that the layer active layer formed can expand by less than or equal to 10 volume percent when in use ([0027]).
Verbrugge is analogous prior art to the current invention because it is concerned with the same field of endeavor, namely batteries.
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the volume expansion of the battery of modified Lee such that it is 1% or less between State of Charge (SOC) 100 and SOC 0 as taught by Verbrugge in order to preserve the effectiveness of the electrode and the battery. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20200144599A1) and Hwang et al. (US20220231286A1) as applied to claim 1 above, and further in view of Kim (US20200235385A1).
Regarding claim 6, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above) wherein Lee discloses the carbon material of the first layer of each intermediate layer of the plurality of intermediate layers ([0093] amorphous carbon) but does not disclose that the carbon material comprises carbon nanotubes, vapor-grown carbon fibers, carbon nanofibers, or any combination thereof.
Kim discloses a negative electrode for a lithium-ion battery. Kim also discloses that a carbon material coated on the outer surface of a metal material of the electrode can be selected from amorphous carbon ([0035] Ketjen Black) or carbon nanotubes, vapor-grown carbon fibers, carbon nanofibers, or any combination thereof ([0035] carbon nanostructures such as carbon nanotubes). Further, Kim discloses that carbon material in the anode provides stability and proper rigidity ([0034]).
Kim is analogous prior art to the current invention because it is concerned with the same field of endeavor, namely batteries.
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the solid-state-battery of modified Lee such that the carbon material in the anode comprises carbon nanotubes because utilizing one known material in place of another to also form the carbon material for a solid-state-battery is well with the ambit of one of ordinary skill in the art. MPEP 2144.07 “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination.”
Regarding claim 7, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig.3 above). Lee also discloses that the carbon material comprises of amorphous carbon ([0093] amorphous carbon) but does not disclose that the carbon material comprises carbon nanotubes, vapor-grown carbon fibers, carbon nanofibers, or any combination thereof.
Kim discloses a negative electrode for a lithium-ion battery. Kim also discloses that a carbon material of the electrode can be selected from amorphous carbon ([0035] Ketjen Black) or carbon nanotubes ([0035]).
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the solid-state-battery of modified Lee such that the carbon material in the anode comprises carbon nanotubes because utilizing one known material in place of another to also form the carbon material for a solid-state-battery is well with the ambit of one of ordinary skill in the art. MPEP 2144.07 “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination.” The carbon of Kim is the same as the carbon of the instant application [(0051] carbon nanotubes).
Modified Lee discloses the same structure and same material as the instant application. Therefore, the battery of modified Lee is expected to react the same such that the carbon does not react electrochemically with lithium ions during charging. MPEP 2112.01 “When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent”.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20200144599A1) and Hwang et al. (US20220231286A1) as applied to claim 1 above, and further in view of Son et al. (US20190229380A1).
Regarding claim 11, modified Lee discloses the all-solid-state battery of claim 1 (see annotated Fig. 3 above) in which Lee discloses a metal of the second layer (24) of each intermediate layer of the plurality of intermediate layers. Modified Lee does not disclose the metal of the second layer of each intermediate layer of the plurality of intermediate layers is in a range of 0.05 mg/cm2 to 0.30 mg/cm2.
Son discloses the metal of the second layer of the plurality of intermediate layers ([0059] lithium layer) is in a range of 0.05 mg/cm2 to 0.30 mg/cm2 ([0059]). Son also discloses that when the metal of the second layer of the plurality of intermediate layers is in this range, there is an increase in capacity ([0059]).
Son is analogous prior art to the current invention because it is concerned with the same field of endeavor, namely batteries.
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the metal of the second layer of the plurality of intermediate layers of modified Lee to be in the range of 0.05 mg/cm2 to 0.30 mg/cm2 as taught by Son in order to increase the capacity of the battery.
Response to Arguments
Applicant’s arguments with respect to claim 1 on pages 6-8 and claim 5 on pages 8-9 have been considered but are moot in view of the new 35 U.S.C. 103 rejections of claims 1-16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
RyuA1 discloses an all-solid-state battery (Fig. 10) with a lithium precipitation layer ([0124] metal layer), lithium inducing layer ([0128] thin film), binder ([0111]) and particle shape ([0112]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAN N TRAN whose telephone number is (571)270-0183. The examiner can normally be reached Mon-Thurs 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at 5702701487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAN NGUYEN TRAN/Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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