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 Status
Claims 3-13 are amended.
Claim 16 is cancelled.
Claims 1-15 are considered on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/18/2025, 10/30/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: Comparative Example 4.
Appropriate correction is required.
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.
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(s) 1-10, 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ("LiTa2PO8: a fast lithium-ion conductor with new framework structure", J. Mater. Chem. A, 2018, 6, 22478) cited on the IDS filed 10/30/2023, hereinafter "Kim" in view of Kim et al. (US 11949067 B2) hereinafter "Kim '067".
Regarding claim 1, Kim teaches a lithium-ion conductive material, LiTa2PO8 (meeting the limitation of “comprising a chalcogenide”) having a monoclinic crystal structure, wherein the monoclinic crystal has with lattice parameters a = 9.716 Å, b = 11.536 Å, c = 10.697 Å, and β = 90.04 (Abstract; pp. 22478-22479; pp. 22481 - Conclusion). Kim teaches that LiTa2PO8 has applications as a solid electrolyte (Abstract; pp. 22481 – Conclusion).
Kim does not teach wherein the monoclinic crystal has an a-axis length of 9.690 to 9.711 Å, a b-axis length of 11.520 to 11.531Å, a c-axis length of 10.680 to 10.695 Å.
However, Kim ‘067 teaches LiTa2PO8 having a monoclinic structure (column 8 lines 36-67) as a lithium-ion conductive solid electrolyte (column 5 lines 47-50). Kim ‘067 teaches that it is desirable to increase the ionic conductivity of LiTa2PO8 (column 6 lines 34-41) and this is accomplished by introducing a compound with an oxidation number of +3 (column 6 lines 42-63). Kim ‘067 teaches doping of LiTa2PO8 with a compound with an oxidation number of +3, such as boron (column 7 lines 52-67; Table 1; column 10 lines 29-48; Formulas 1 and 2). Kim ‘067 teaches a method of manufacturing doped LiTa2PO8 including mechanically mixing precursors together in a solvent, heating the mixture at a rate of 1° C./min to about 10° C./min to a temperature of about 600° C. to about 1,000° C (column 12 lines 23-67). Kim ‘067 teaches that the heat treatment may be performed in air and should be carried out for 2-8 hours (column 12 lines 23-67). Kim ‘067 teaches that precursors can be, for example, boric acid, lithium carbonate, tantalum oxide, and diammonium hydrogen phosphate (column 13 lines 18-35).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the LiTa2PO8 taught by Kim by doping with boron as taught by Kim ‘067.
One of ordinary skill in the art would be motivated to modify the LiTa2PO8 taught by Kim by doping with boron as taught by Kim ‘067 to increase the conductivity (column 6 lines 42-63; column 7 lines 52-67; Table 1; column 10 lines 29-48).
Modified Kim is silent as to the crystalline axis lengths of boron doped LiTa2PO8.
However, in light of the instant specification ([0059]; [0138]-[0143]; Table 1 of PGPUB), the material taught by modified Kim teaches all aspects of the claimed material. For example, modified Kim teaches a chalcogenide (Kim Abstract; pp. 22478-22479; pp. 22481 - Conclusion) having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements (Kim ‘067 column 7 lines 52-67; Table 1; column 10 lines 29-48) manufactured by mechanically mixing precursors such as boric acid, lithium carbonate, tantalum oxide, and diammonium hydrogen phosphate (Kim ‘067 column 13 lines 18-35) together in a solvent, heating the mixture at a rate of 1° C./min to about 10° C./min to a temperature of about 600° C to about 1000° C (Kim ‘067 column 12 lines 23-67) in air for 2-8 hours (Kim ‘067 column 12 lines 23-67).
Therefore, absent specific claimed features that create an a-axis length of 9.690 to 9.711 Å, a b-axis length of 11.520 to 11.531Å, a c-axis length of 10.680 to 10.695 Å, one of ordinary skill in the art would reasonably expect the chalcogenide having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements, taught by modified Kim, to possess the crystal structure claimed.
Regarding claim 2, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 1.
Modified Kim further teaches wherein the chalcogenide has lithium, tantalum, boron, phosphorus, and oxygen as constituent elements (Kim ‘067 column 7 lines 55-67; Formulas 1 and 2).
Regarding claim 3, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 1.
Modified Kim further teaches wherein the monoclinic crystal structure is composed of lithium, tantalum, phosphorus, and oxygen as constituent elements (Kim ‘067 column 8 lines 36-67; Claim 6).
Regarding claim 4, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 1.
Modified Kim is silent as to the unit crystal volume.
However, in light of the instant specification ([0059]; [0138]-[0143]; Table 1 of PGPUB), the material taught by modified Kim teaches all aspects of the claimed material. For example, modified Kim teaches a chalcogenide having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements (Kim ‘067 column 7 lines 52-67; Table 1; column 10 lines 29-48) manufactured by mechanically mixing precursors such as boric acid, lithium carbonate, tantalum oxide, and diammonium hydrogen phosphate (Kim ‘067 column 13 lines 18-35) together in a solvent, heating the mixture at a rate of 1° C./min to about 10° C./min to a temperature of about 600° C to about 1000° C (column 12 lines 23-67) in air for 2-8 hours (column 12 lines 23-67).
Therefore, absent specific claimed features that create the crystal structure claimed, one of ordinary skill in the art would reasonably expect the chalcogenide having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements, taught by modified Kim, to possess the crystal structure claimed (for example unit lattice volume of 1193.0 to 1197.9 Å3).
Regarding claim 5, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 2. Modified Kim further teaches wherein a content of boron is 0.10 to 5.00 atom% (Kim ‘067 Table 1 Example 1-3).
Regarding claim 6, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 2. Modified Kim further teaches wherein a content of tantalum is 10.00 to 17.00 atom% (Kim ‘067 Table 1 Example 1-3).
Regarding claim 7, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 2. Modified Kim further teaches wherein a content of phosphorus is 5.00 to 8.50 atom% (Kim ‘067 Table 1 Example 1-3).
Regarding claim 8, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 2. Modified Kim further teaches wherein a content of lithium is 5.00 to 20.00 atom% (Kim ‘067 Table 1 Example 1-3).
Regarding claim 9, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 2. Modified Kim further teaches wherein the solid electrolyte further comprises niobium, wherein a content of niobium is 0.10 to 5.00 atom% (Kim ‘067 column 7 lines 20-32; column 5 lines 51-59; column 6 lines 15-23; the amounts of each atom i.e. x, y, z values overlaps with the claimed range).
Regarding claim 10, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 1.
Modified Kim further does not teach wherein a content ratio of the monoclinic crystal is 70.0% or more.
However, in light of the instant specification ([0059]; [0138]-[0143]; Table 1 of PGPUB), the material taught by modified Kim teaches all aspects of the claimed material. For example, modified Kim teaches a chalcogenide having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements (Kim ‘067 column 7 lines 52-67; Table 1; column 10 lines 29-48) manufactured by mechanically mixing precursors such as boric acid, lithium carbonate, tantalum oxide, and diammonium hydrogen phosphate (Kim ‘067 column 13 lines 18-35) together in a solvent, heating the mixture at a rate of 1° C./min to about 10° C./min to a temperature of about 600° C to about 1000° C (Kim ‘067 column 12 lines 23-67) in air for 2-8 hours (Kim ‘067 column 12 lines 23-67).
Therefore, absent specific claimed features that create the crystal structure claimed, one of ordinary skill in the art would reasonably expect the chalcogenide having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements, taught by modified Kim, to possess the content ratio of the monoclinic crystal claimed (for example 70% or more).
Regarding claim 12, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 2. Kim ‘067 teaches that the doping element, i.e. boron, replaces some of the phosphorous in the crystal structure (column 8 lines 43-67; column 9 lines 1-34).
Modified Kim does not explicitly teach wherein boron is present at a crystal grain boundary.
However, in light of the instant specification ([0059]; [0138]-[0143]; Table 1 of PGPUB), the material taught by modified Kim teaches all aspects of the claimed material. For example, modified Kim teaches a chalcogenide having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements (column 7 lines 52-67; Table 1; column 10 lines 29-48) manufactured by mechanically mixing precursors such as boric acid, lithium carbonate, tantalum oxide, and diammonium hydrogen phosphate (column 13 lines 18-35) together in a solvent, heating the mixture at a rate of 1° C./min to about 10° C./min to a temperature of about 600° C to about 1000° C (column 12 lines 23-67) in air for 2-8 hours (column 12 lines 23-67).
Therefore, absent specific claimed features that create the crystal structure claimed, one of ordinary skill in the art would reasonably expect the chalcogenide having lithium, tantalum, boron, phosphorus, and oxygen as constituent elements, taught by modified Kim, to have boron located at a crystal grain boundary.
Regarding claim 13, modified Kim teaches the lithium-ion conductive solid electrolyte according to claim 1. Kim ‘067 further teaches an all-solid-state battery, comprising: a positive electrode containing a positive electrode active material; a negative electrode containing a negative electrode active material; and a solid electrolyte layer between the positive electrode and the negative electrode (Kim ‘067 column 2 lines 35-47).
It would have been obvious to one of ordinary skill in the art to utilize the conductive solid electrolyte material taught by modified Kim in an all-solid-state battery as taught by Kim ‘067 because solid electrolyte materials are desired for all-solid-state batteries (Kim p. 22478; Kim ‘067 column 1 lines 49-60).
Regarding claim 14, modified Kim teaches the all-solid-state battery according to claim 13. Kim ‘067 further teaches wherein the positive electrode active material comprises one or more compounds of LiNi1/3Co1/3Mn1/3O2, LiCoO2, LiNiO2 (Kim ‘067 column 16 lines 1-67, specifically lines 10-20).
It would have been obvious to one of ordinary skill in the art to utilize a positive electrode active material such as LiNi1/3Co1/3Mn1/3O2, LiCoO2, LiNiO2 as these are known in the art for use in all-solid-state batteries (Kim ‘067 column 16 lines 1-67, specifically lines 10-20).
Regarding claim 15, modified Kim teaches the all-solid-state battery according to claim 14. Kim ‘067 further teaches herein the negative electrode active material may be a Li-Si alloy (Kim ‘067 column 20 lines 20-33).
It would have been obvious to one of ordinary skill in the art to utilize a negative electrode active material such as a Li-Si alloy as it is known in the art for use in all-solid-state batteries (Kim ‘067 column 16 lines 1-67, specifically lines 10-20).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kim, as applied above, in further view of Kim et al. (US 20200373613 A1) hereinafter "Kim '613".
Regarding claim 11, modified Kim teaches the all-solid-state battery according to claim 1. Kim ‘067 teaches LiTa2PO8 having a monoclinic structure (column 8 lines 36-67) as a lithium-ion conductive solid electrolyte (column 5 lines 47-50). Kim ‘067 teaches doping of LiTa2PO8 with a compound with an oxidation number of +3, such as boron (column 7 lines 52-67; Table 1; column 10 lines 29-48; Formulas 1 and 2). Kim ‘067 further teaches wherein the solid electrolyte further comprises an element having an oxidation number of +4 (Abstract; column 2 lines 1-26; column 7 lines 20-32; column 5 lines 51-59; column 6 lines 15-23).
Modified Kim does not teach where the lithium-ion conductive solid electrolyte further comprises silicon, wherein and upper limit of a content of silicon is 0.15 atom %.
However, Kim ‘613 teaches a compound having the formula Li1+x+y−zTa2-xMxP1-yQyO8-zXz where M and Q are both elements having an oxidation number of +4, such as silicon ([0064]-[68]; [0010]-[0014]; [0083]; the amounts of each atom i.e. x, y, z values overlaps with the claimed range). Kim ‘613 teaches that improved ionic conductivity and improved lithium stability was found by introducing an element M with an oxidation number of +4 to an octahedral site of tantalum (Ta) in LiTa2PO8, introducing an element (Q) with an oxidation number of +4 to a tetrahedral site of P in LiTa2PO8, or introducing the element M with an oxidation number of +4 to an octahedral site of tantalum (Ta) in LiTa2PO8 and the element (Q) having an oxidation number of +4 in a tetrahedral site of P in LiTa2PO8 at the same time ([0088]).
Modified Kim teaches doping of LiTa2PO8 with a compound having an oxidation number of +3 and a compound having an oxidation number of +4. Kim ‘613 teaches a solid electrolyte comprising lithium, tantalum, phosphorous, oxygen and elements having an oxidation number of +4, such as silicon. Therefore, it would have been obvious to one of ordinary skill in the art to further include silicon in the material taught by modified Kim at the atomic percentage taught by Kim ‘613.
One of ordinary skill in the art could have modified the material taught by modified Kim to further include silicon with a reasonable expectation of success because silicon is a material with an oxidation number of +4 and it is known in the art to include silicon in solid electrolyte comprising lithium, tantalum, phosphorous, oxygen ([0083]).
Conclusion
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/F.B.A./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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