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 .
The Applicant has amended independent claim 1, and has added new claims 8-20. The pending claims are claims 1-20.
THIS ACTION IS MADE FINAL. 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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., WO 2020/214786 (US 20220227624).
Regarding claim 1, Wang et al., teaches a battery (0063; 0077; 0096; 00141) comprising:
a positive electrode (00142); a negative electrode (00142); and a solid electrolyte (0016; 0081) layer arranged between the positive electrode and the negative electrode (00141), wherein the positive electrode comprises a positive electrode active material containing a lithium (Li) element (0085; 0115), a sulfur (S) element (0085; 0115), and a phosphorus (P) element (0085; 0115), and a halogen element (chlorine; (0018; 0105)) (bromine or iodine; 0062) and a crystal phase having an argyrodite-type crystal structure (abstract; 0014), the positive electrode active material contains an Li2S phase (equations [00001] [0002] in Wang); the total amount of a nickel element and a cobalt element contained in the positive electrode active material is less than 0.1% because the amount of nickel and cobalt in this reference is 0.0% by mass, and a molar ratio of the halogen element to the phosphorus element is less than 1.0 (0018; 0062; claim 15: x = 0-2)).
Regarding claim 2, Wang et al., teaches the total amount of a nickel (Ni) element (0067; 0090), but does not teach a cobalt (Co) element, and a manganese (Mn) element contained in the positive electrode active material; it teaches 0.01% by mass or less because it teaches 0% cobalt and 0% manganese; the total amount of a nickel element and a cobalt element contained in the positive electrode active material is less than 0.1% because the amount of manganese and nickel and cobalt in this reference is 0.0% by mass (nickel and cobalt are not present in the electrode).
Regarding claim 3, Wang et al., teaches the total amount of rare metals (Pt; platinum) (0030; 0079; 0094; 00102) (excluding the lithium (Li) element) contained in the positive electrode active material is 0.01% by mass or less because the total amount of a nickel element and a cobalt element contained in the positive electrode active material is less than 0.1% because the amount of nickel and cobalt in this reference is 0.0% by mass.
Regarding claim 4, Wang et al., teaches the solid electrolyte layer contains a solid electrolyte (abstract), and the solid electrolyte of the solid electrolyte layer (0022), contains a lithium (Li) element (0022), a sulfur (S) element (0022), and a phosphorus (P) element (0022) (0058-0062) and contains a crystal phase having an argyrodite-type crystal structure (0013; 0022).
Regarding claim 5, Wang et al., teaches the positive electrode contains a conductive material (conductive additive; 0076), and the positive electrode active material and the conductive material are a composite material (carbon black powder; 00102; 00141).
Regarding claim 6, Wang et al., teaches the conductive material is a carbon material (carbon black; 00141).
Regarding claim 7, Wang et al., teaches the composite material is a material obtained by compositing the positive electrode active material and the conductive material by applying mechanical energy, is a product-by-process. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 8, Wang et al., teaches, wherein a proportion of the Li2S phase (equations [00001] [0002] in Wang) (0074-0076) based on a total crystal phase constituting the positive electrode active material, is 10% by mass or more and 95% by mass or less (40%) (0087).
Regarding claim 9, Wang et al., teaches wherein the proportion of the Li2S phase is 20% by mass or more and 90% by mass or less (40%) (0087).
Regarding claim 10, Wang et al., teaches wherein the proportion of the Li2S phase is 30% by mass or more and 80% by mass or less (40%) (0087).
Regarding claim 11, Wang et al., teaches wherein an amount of the conductive material (0082), with respect to 100 parts by mass of the positive electrode active material, is 1 part by mass or more and 50 parts by mass or less (40%) (0087).
Regarding claim 12, Wang et al., teaches wherein the solid electrolyte (0015; 0019) contained in the positive electrode includes a sulfide solid electrolyte (0093) (containing a crystal phase having an argyrodite-type crystal structure) (0013; 0015; 0019).
Regarding claim 13, Wang et al., teaches wherein the molar ratio of the halogen (X) element to the phosphorus (P) element is 0.8 or less (0.3 P; 0.6 P) (0105).
Regarding claim 14, Wang et al., teaches wherein the battery has an interface at which the positive electrode active material and the solid electrolyte are in contact with each other (0063; 0115).
Regarding claim 15, Wang et al., teaches wherein a proportion of the crystal phase having the argyrodite-type crystal structure of the positive electrode, based on a total crystal phase constituting the positive electrode active material, is 5% by mass or more and 50% by mass or less (40%) (0087).
Regarding claim 16, Wang et al., teaches wherein the proportion of the crystal phase having the argyrodite-type crystal structure is 10% by mass or more and 50% by mass or less (40%) (0087).
Regarding claim 17, Wang et al., teaches wherein the proportion of the crystal phase having the argyrodite-type crystal structure is 20% by mass or more and 40% by mass or less (40%) (0087).
Regarding claim 18, Wang et al., teaches wherein the proportion of the crystal phase (0067; 0076) having the argyrodite-type crystal structure is 20% by mass or more and 30% by mass or less (40%) (0087).
Claim 19 is a product-by-process claim. Regarding claim 19, it teaches wherein when observed using a scanning electron microscopy equipped with an energy dispersive X-ray spectrometer to map a constituent element of a compound constituting the crystal phase having the argyrodite-type crystal structure of the positive electrode and a constituent element of the conductive material of the positive electrode, the constituent element of the compound and the constituent element of the conductive material are overlapped with each other; when a cross-section of the positive electrode of the battery is observed, the constituent element of the compound and the constituent element of the conductive material are overlapped with each other; or when the positive electrode active material is observed by Raman spectroscopy or photoelectron spectroscopy, a chemical reaction exists due to presence of C-S bonding.
"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted)
Regarding claim 20, Wang et al., teaches wherein the positive electrode further contains a binder (0118) (PVDF).
Response to Arguments
Applicant's arguments filed 2/9/2026 have been fully considered but they are not persuasive.
The Applicant argues that “Wang describes the performance of solid electrolytes using Li4Ti5O12 as a positive active material of the cathode.”
However, claim 1 teaches “the positive electrode comprises a positive electrode active material and a solid electrolyte.” Thus, Wang teaches the combination of solid electrolyte with positive active material.
Additionally, Wang teaches lithium, sulfur, phosphorus, and halogen elements as seen in the precursor (Fig. 7 and 16). In Figure 17 of Wang, it teaches the halogens iodine, bromine, chloride (Fig. 17) (0016).
Applicant argues that “Wang neither teaches nor suggests a positive active material having a molar ratio of halogen to phosphorus is less than 1.0.”
However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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