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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: on page 10, line 26, “The solid electrolyte contained in the positive electrode” should read “The solid electrolyte contained in the solid electrolyte membrane”.
Appropriate correction is required.
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 1-2 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2021/0257606 A1, cited by Applicant IDS filed March 03, 2025, and hereinafter “Kim”).
Regarding claim 1, Kim discloses an all-solid-state battery ([0070] and Fig. 1, all-solid secondary battery 1); comprising: a positive electrode ([0070] and Fig. 1, cathode layer 10); a negative electrode ([0070] and Fig. 1, anode current collector 21); and a solid electrolyte membrane between the positive electrode and the negative electrode, ([0070] and Fig. 1, solid electrolyte layer 30), wherein the all-solid-state battery further comprises a first composite carbon layer ([0070] and Fig. 1, first anode active material layer 22) and a second composite carbon layer ([0070] and Fig. 1, second anode active material layer 23) between the negative electrode and the solid electrolyte membrane.
Regarding claim 2, Kim discloses the limitations of claim 1. Kim further discloses wherein the first composite carbon layer is disposed adjacent to one surface of the solid electrolyte membrane ([0070] and Fig. 1, first anode active material layer 22 contacting solid electrolyte layer 30), and the second composite carbon layer is disposed adjacent to one surface of the negative electrode ([0070] and Fig. 1, second anode active material layer 23 between anode current collector 21 and first anode active material layer 22).
Regarding claim 7, Kim discloses the limitations of claim 1. Kim further discloses wherein the solid electrolyte membrane is one selected from the group consisting of Li2S-P2S5, Li2S-LiI-P2S5, Li2S-P2S5-LiCl, Li2S-LiI-Li2O-P2S5, Li2S-LiBr-P2S5, Li2S-Li2O-P2S5, Li6PS5Cl, and combinations thereof ([0113]-[0114]).
Regarding claim 8, Kim discloses the limitations of claim 1. Kim further discloses wherein the solid electrolyte membrane comprises a sulfide-based solid electrolyte of an argyrodite structure ([0115]-[0117], sulfide-containing solid electrolyte having an argyrodite-type crystal structure).
Regarding claim 9, Kim discloses the limitations of claim 1. Kim further discloses wherein the positive electrode comprises a positive electrode active material and a solid electrolyte ([0119]-[0121] and [0130], cathode layer 10 includes a cathode active material and a solid electrolyte).
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.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2021/0257606 A1).
Regarding claim 5, Kim discloses the limitations of claim 1. Kim further discloses wherein a thickness ratio of the first composite carbon layer to the second composite carbon layer is 0.0002:1 to 10:1 ([0090] and [0092], thickness of first anode active material layer is about 10 nm to about 10 μm, and thickness of second anode active material layer is about 1 μm to about 50 μm). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 6, Kim discloses the limitations of claim 1. Kim further discloses wherein a thickness of the first composite carbon layer is about 10 nm to about 10 μm ([0090]), and a thickness of the second composite carbon layer is about 1 μm to about 50 μm ([0092]). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Claims 1-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Min et al. (KR 20210039599 A, cited by Applicant in IDS filed October 30, 2023, machine translation relied upon herein, and hereinafter “Min”) in view of Ryu et al. (US 2020/0153041 A1, hereinafter “Ryu”). The examiner notes that in the paragraphs relied upon for the rejection, the machine translation of Min erroneously refers to a “cathode” rather than the correct “anode” or “negative electrode” (see original Min).
Regarding claim 1, Min discloses a lithium secondary battery ([0049]); comprising: a positive electrode ([0050]); a negative electrode ([0045], negative electrode current collector 31); and a separator between the positive electrode and the negative electrode ([0050]), wherein the all-solid-state battery further comprises a first composite carbon layer ([0045] and Fig. 1, second negative electrode composite layer 21) and a second composite carbon layer ([0045] and Fig. 1, first negative electrode composite layer 11). Min further discloses a non-aqueous electrolyte for impregnating the electrode assembly ([0050]), but does not disclose that the battery is an all-solid state battery, a solid electrolyte membrane between the positive electrode and the negative electrode, and that the first composite carbon layer and second composite carbon layer are located between the negative electrode and the solid electrolyte membrane.
Ryu discloses an all solid-state battery ([0062], all-solid-state secondary battery) and a solid electrolyte membrane between the positive electrode and the negative electrode ([0063]-[0065], solid polymer electrolyte layer 40, softened solid polymer electrolyte layer 50, porous polymer sheet layer 30, and phase transformation layer 20).
Min and Ryu are analogous to the claimed invention because they are in the same field of lithium secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the separator and non-aqueous electrolyte of Min with the teachings of Ryu to yield the predictable results of an all-solid-state secondary battery wherein the second negative electrode composite layer and first negative electrode composite layer of Min are located between the negative electrode and the solid electrolyte membrane, and one of ordinary skill in the art would have a reasonable expectation of success in doing so (see MPEP § 2143(I)(B)). All-solid-state batteries do not suffer from electrolyte leakage, which improves safety, provides high energy density and output, and simplifies the manufacturing process (Ryu [0005]-[0006]).
Regarding claim 2, modified Min discloses the limitations of claim 1. Modified Min further discloses wherein the first composite carbon layer is disposed adjacent to one surface of the solid electrolyte membrane, and the second composite carbon layer is disposed adjacent to one surface of the negative electrode (Min Fig. 1 and Ryu Fig. 1, second negative electrode composite layer 21 of Min is adjacent to the solid electrolyte membrane, and first negative electrode composite layer 11 is adjacent to negative electrode current collector 31).
Regarding claim 3, modified Min discloses the limitations of claim 1. Min further discloses wherein each of the first composite carbon layer and the second composite carbon layer contains a carbon material and a binder ([0040]-[0042], second negative electrode composite layer 21 has natural graphite and binder, and first negative electrode composite layer 11 has artificial graphite and binder), and wherein a content of the binder in the first composite carbon layer and a content of the binder in the second composite carbon layer are different from each other ([0042], ratio of the binder content of the first negative electrode composite layer and the binder content of the second negative electrode composite layer is in the range of 5:1 to 2:1).
Regarding claim 4, modified Min discloses the limitations of claim 3. Min further discloses wherein a weight ratio of carbon material to binder in the second negative electrode composite layer is 76.5:4.5 ([0097], Example 3, carbon material comprising artificial graphite and carbon nanotubes, and binder comprising SBR and CMC, corresponding to a weight ratio of 94.4:5.6), and the binder content of the first negative electrode composite layer is preferably in the range of 0.5 to 5 parts by weight, per 100 parts by weight of the negative electrode active material ([0043], corresponding to a weight ratio of 95:5 to 99.5:0.5). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 5, modified Min discloses the limitations of claim 1. Min further discloses wherein the thickness of the first negative electrode composite layer 12 is thinner than that of the second cathode composite layer 22 ([0046] and Fig. 2, corresponding to a ratio of greater than 1:1). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 10, modified Min discloses the limitations of claim 3. Min further discloses wherein the carbon material includes one selected from the group consisting of graphite ([0040]-[0041] and [0057]), carbon black ([0057]), carbon nanotubes ([0028]), carbon fibers ([0057]), and combinations thereof.
Regarding claim 11, modified Min discloses the limitations of claim 3. Min further discloses wherein the binder is one selected from the group consisting of poly(methyl methacrylate), polyvinylidene fluoride (PVDF), a copolymer of polyhexafluoropropylene and polyvinylidene fluoride, polyacrylonitrile, styrene-butadiene rubber (SBR), and carboxymethyl cellulose (CMC) ([0058]).
Conclusion
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 5 June 2026
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