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 .
Information Disclosure Statement
The information disclosure statements filed June 6, 2023 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-7, 19-20 & 30-31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 6, 19 & 30 contain the trademark/trade name Ketjen. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a conductive agent and, accordingly, the identification/description is indefinite. An appropriate correction is required.
Claims 7, 20 & 31 are rejected based on dependency on claims 6, 19 & 30.
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) 1-9, 11-22, 24-33 & 35-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ku et al. KR 20220048298A in view of Ku et al. Kanamu EP 2790248A1.
With respect to claim 1, Ku teaches an electrode (positive electrode layer; DESCRIPTION-OF-EMBODIMENTS, paragraph 2) for a solid-state metal-ion battery (all-solid-state secondary batter; DESCRIPTION-OF-EMBODIMENTS, paragraph 1), comprising: a current collector (current collector; See “(anode layer)” section, paragraph 1; Examiners Note: the titles of the electrode sections are reversed) ; and an active material composition on at least one surface of the current collector (positive electrode layer 10 includes a positive electrode current collector 11 and a positive electrode active material layer 12; See “(anode layer)” section, paragraph 1; Examiners Note: the titles of the electrode sections are reversed) wherein the active material composition comprises an intimate mixture of at least an active material capable of insertion and extraction of a metal ion (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed); a metal ion salt of a metal selected from the group consisting of Li, Na, Mg, Zn and Al (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl, LiI, or LiBr; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 2, an anion component of the metal ion salt is selected from the group consisting of F-, Cl-, Br-,I-, ClO4-,BF6- and PF6- (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl, LiI, or LiBr; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 4, the active material comprises at least one selected from the group consisting of LiCoO2, V2O5, CoSiO4,MoO3, CoSiO4, sulftur, Mo6S8, Al2O3, TiS2, lithium manganese oxide (LiMn2O4), lithium iron phosphate (LiFePO4), lithium nickel manganese cobalt oxide (NMC), elemental sulfur and a metal sulfide composite(lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 5, the current collector is selected from the group consisting of aluminum, copper, nickel, stainless steel, carbon, carbon paper and carbon cloth (aluminum, copper, nickel, stainless steel; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 6, the active material composition further comprises a conductive agent selected from the group consisting of acetylene black, Ketjen black, and carbon fibers (Ketjen; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 8, the active material composition further comprises a binder selected from the group consisting of polyvinylidene fluoride (PVDF), polytetrafluoroethylene, and mixtures of styrene-butadiene- rubber (SBR) and carboxymethyl cellulose (CMC) (polyvinylidene fluoride (PVDF), polytetrafluoroethylene; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 12, the electrode is a cathode for a solid-state lithium-ion battery and the metal ion salt is at least one selected from the group consisting of LiF, LiCl, LiBr, LiI, LiClO4, LiBF6 and LiPF6 (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl, LiI, or LiBr; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 14, wherein the active material comprises at least one selected from the group consisting of LiCoO2, V2O5, CoSiO4,MoO3, CoSiO4, sulftur, Mo6S8, Al2O3, TiS2, lithium manganese oxide (LiMn2O4), lithium iron phosphate (LiFePO4), lithium nickel manganese cobalt oxide (NMC), elemental sulfur and a metal sulfide composite (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 15, solid-state metal ion battery, comprising: an anode comprising an anode active material capable of insertion and extraction of at least one of Li, Na, Mg, Zn and Al (zinc metal, a zinc alloy, aluminum metal, an aluminum alloy, silicon, bismuth; See “(cathode layer)” section, paragraphs 5-6; Examiners Note: the titles of the electrode sections are reversed; these materials are the same as set forth by applicant and thus function the same: Support for this assertion is provided in MPEP 2112.01, “[where] [p]roducts of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, since Ku teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)); a cathode comprising a cathode active material composition capable of insertion and extraction of the at least one of Li, Na, Mg, Zn and Al (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed; these materials are the same as set forth by applicant and thus function the same: Support for this assertion is provided in MPEP 2112.01, “[where] [p]roducts of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, since Ku teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)) ); and a solid-state electrolyte between the anode and cathode which is conductive of the at least one of Li, Na, Mg, Zn and Al (first solid electrolyte include Cl, are represented by Formula 1 below, and may contain a compound having an Argyrodite crystal structure: LiaMxPSb(Cl)d, M is Na, K, Fe, Mg, Ca, Ag, Cu, Zr, Zn or a combination thereof, X is Br, I or a combination thereof, 0≤x≤0.07, a is 5 to 6 number and b is a number from 4 to 6, and 0<d≤2 and 5≤a+x≤6; DESCRIPTION-OF-EMBODIMENTS paragraph 39); wherein the cathode active material composition comprises an intimate mixture of at least: an active material capable of insertion and extraction of Li, Na, Mg, Zn and Al (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed); ; a metal ion salt of a metal selected from the group consisting of Li, Na, Mg, Zn and Al (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl, LiI, or LiBr; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 16, an anion component of the metal ion salt is selected from the group consisting of F-, Cl-, Br-,I-, ClO4-,BF6- and PF6- (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl, LiI, or LiBr; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 18, wherein the active material comprises at least one selected from the group consisting of LiCoO2, V2O5, CoSiO4,MoO3, CoSiO4, sulftur, Mo6S8, Al2O3, TiS2, lithium manganese oxide (LiMn2O4), lithium iron phosphate (LiFePO4), lithium nickel manganese cobalt oxide (NMC), elemental sulfur and a metal sulfide composite (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 19, the active material composition further comprises a conductive agent selected from the group consisting of acetylene black, Ketjen black, and carbon fibers (Ketjen; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 21, the active material composition further comprises a binder selected from the group consisting of polyvinylidene fluoride (PVDF), polytetrafluoroethylene, and mixtures of styrene-butadiene- rubber (SBR) and carboxymethyl cellulose (CMC) (polyvinylidene fluoride (PVDF), polytetrafluoroethylene; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 25, the solid-state metal-ion battery of claim 15, wherein the anode active material comprises at least one selected from the group consisting of lithium metal, a lithium alloy, sodium metal, a sodium alloy, magnesium metal, a magnesium alloy, zinc metal, a zinc alloy, aluminum metal, an aluminum alloy, graphite, hard carbon, lithium titanate (LTO), a tin/cobalt alloy, silicon, indium, bismuth and a silicon/carbon composite (zinc metal, a zinc alloy, aluminum metal, an aluminum alloy, silicon, bismuth; See “(cathode layer)” section, paragraphs 5-6; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 26, solid-state lithium-ion battery, comprising: an anode active material capable of insertion and extraction of Li+ ions (zinc metal, a zinc alloy, aluminum metal, an aluminum alloy, silicon, bismuth; See “(cathode layer)” section, paragraphs 5-6; Examiners Note: the titles of the electrode sections are reversed; these materials are the same as set forth by applicant and thus function the same: Support for this assertion is provided in MPEP 2112.01, “[where] [p]roducts of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, since Ku teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)); a cathode active material composition capable of insertion and extraction of Li+ ions (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed; these materials are the same as set forth by applicant and thus function the same: Support for this assertion is provided in MPEP 2112.01, “[where] [p]roducts of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, since Ku teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)) ); and a solid-state electrolyte between the anode and cathode which is conductive of Li+ ions (first solid electrolyte include Cl, are represented by Formula 1 below, and may contain a compound having an Argyrodite crystal structure: LiaMxPSb(Cl)d, M is Na, K, Fe, Mg, Ca, Ag, Cu, Zr, Zn or a combination thereof, X is Br, I or a combination thereof, 0≤x≤0.07, a is 5 to 6 number and b is a number from 4 to 6, and 0<d≤2 and 5≤a+x≤6; DESCRIPTION-OF-EMBODIMENTS paragraph 39); wherein the cathode active material composition comprises an intimate mixture of at least: an active material capable of insertion and extraction of Li ions (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed; these materials are the same as set forth by applicant and thus function the same: Support for this assertion is provided in MPEP 2112.01, “[where] [p]roducts of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, since Ku teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)) ); at least one metal ion salt of lithium (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl, LiI, or LiBr; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed); and wherein the at least one metal ion salt comprises a lithium salt selected from the group consisting of LiCl, LiClO4, LiBF6 and LiPF6 (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed) . With respect to claim 29, wherein the active material comprises at least one selected from the group consisting of LiCoO2, V2O5, CoSiO4,MoO3, CoSiO4, sulftur, Mo6S8, Al2O3, TiS2, lithium manganese oxide (LiMn2O4), lithium iron phosphate (LiFePO4), lithium nickel manganese cobalt oxide (NMC), elemental sulfur and a metal sulfide composite (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 30, the active material composition further comprises a conductive agent selected from the group consisting of acetylene black, Ketjen black, and carbon fibers (Ketjen; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 32, the active material composition further comprises a binder selected from the group consisting of polyvinylidene fluoride (PVDF), polytetrafluoroethylene, and mixtures of styrene-butadiene- rubber (SBR) and carboxymethyl cellulose (CMC) (polyvinylidene fluoride (PVDF), polytetrafluoroethylene; Examiners Note: the titles of the electrode sections are reversed). With respect to claim 36, wherein the anode active material comprises at least one selected from the group consisting of lithium metal, a lithium alloy, graphite, hard carbon, lithium titanate (LTO), a tin/cobalt alloy, silicon, indium, bismuth and a silicon/carbon composite (silicon, bismuth; See “(cathode layer)” section, paragraphs 5-6; Examiners Note: the titles of the electrode sections are reversed).
Ku does not teach or suggest: a compound of formula (I): FeOX (I) wherein X is F, Cl, Br or I, and wherein a content of the active material, metal ion salt and compound of formula (I) is from 70 to 100 vol % of the active material composition (claims 1, 15, 26); a mole ratio of the metal ion salt to the FeOX is from 1/10 to 1/1 (claims 3, 17, 28); a content of the conductive agent is 10 vol% or less of the active material composition (claims 7, 20, 31); a mass% content of the binder is 3 mass% or less of the active material composition (claims 9, 22, 33); a content of the active material, metal ion salt and compound of formula (I) is from 80 to 100 vol % of the active material composition (claims 11, 24, 35); wherein the compound of formula (I) is FeOCl (claims 13, 27).
Kanamu teaches that it is well known in the art to employ: a compound of formula (I): FeOX (I) wherein X is F, Cl, Br or I, (equivalence of cathode in the lithium secondary battery including LiCoO2, V2O5, sulftur, LiMn2O4 or FeOCl, See < Lithium secondary battery > section, paragraph 2; claims 1, 15, 26); wherein the compound of formula (I) is FeOCl (equivalence of cathode in the lithium secondary battery including LiCoO2, V2O5, sulftur, LiMn2O4 or FeOCl, See < Lithium secondary battery > section, paragraph 2; claims 13, 27).
Ku and Kanamu are analogous art from the sane field of endeavor, namely fabricating lithium secondary batteries, including positive electrode active materials of LiCoO2, V2O5, sulftur, & LiMn2O4.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the compound of formula (I): FeOX (I) wherein X is Cl of Kanamu, in the positive electrode of Ku, because these positive electrode active materials were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute FeOCl for one of LiCoO2, V2O5, sulfur, & LiMn2O4. See In re Ruff, 256 F.2d 590, 118 USPQ 340 (CCPA 1958). MPEP 2144.06. Furthermore, it would have been obvious to employ the FeOCl of Kanamu in the positive electrode of Ku in order to increase capacity of the electrode. Additionally, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). With respect to a content of the active material, metal ion salt and compound of formula (I) is from 70 to 100 vol % of the active material composition it would have been obvious in the positive electrode of Ku in view of Kanamu, as "where 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." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to a mole ratio of the metal ion salt to the FeOX is from 1/10 to 1/1 (claims 3, 17, 28); it would have been obvious in the positive electrode of Ku in view of Kanamu, in order to increase the capacity of the electrode. Furthermore, "where 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." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the content of the conductive agent is 10 vol% or less of the active material composition (claims 7, 20, 31); it would have been obvious in the positive electrode of Ku in view of Kanamu, in order to increase the conductivity of the electrode. Furthermore, "where 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." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the mass% content of the binder is 3 mass% or less of the active material composition (claims 9, 22, 33); it would have been obvious in the positive electrode of Ku in view of Kanamu, in order to increase the structural intergrity of the electrode. Furthermore, "where 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." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the content of the active material, metal ion salt and compound of formula (I) is from 80 to 100 vol % of the active material composition (claims 11, 24, 35);it would have been obvious in the positive electrode of Ku in view of Kanamu, in order to increase the conductivity of the electrode. Furthermore, "where 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." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
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) 10, 23 & 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ku et al. KR 20220048298A in view of Ku et al. Kanamu EP 2790248A1, and further in view of KIMURA et al. US-20220173429-A1.
Ku in view of Kanamu teach the active material composition comprises an intimate mixture of at least an active material capable of insertion and extraction of a metal ion (lithium cobalt oxide (LCO; LiCoO2), lithium nickel cobalt manganese oxide (NCM) , lithium transition metal oxides such as lithium manganate (LiMn2O4) and lithium iron phosphate (LiFePO4), or vanadium oxide (V2O5), but not necessarily limited to these and any one used as a positive electrode active material in the art is possible. The positive electrode active material is each alone or a mixture of two or more; See “(anode layer)” section, paragraph 4; Examiners Note: the titles of the electrode sections are reversed); a metal ion salt of a metal selected from the group consisting of Li, Na, Mg, Zn and Al (mixture contains a raw material composition containing P element, S element, , for example, Li2S and P2S5, with, for example, LiCl, LiI, or LiBr; See “(anode layer)” section, paragraph 12; the mixture is ball milled and heated to 350 degrees, thus it is reasonable to expect the salt to remain intact; See “(anode layer)” section, paragraphs 13-15; Examiners Note: the titles of the electrode sections are reversed).
Ku does not teach or suggest: the active material composition does not comprise a binder (claim 10, 23, 34).
KIMURA teaches that it is well known in the art to employ: the active material composition does not comprise a binder (claim 10, 23, 34):
[0179] Since the lithium-ion conductive polymer is a high molecular compound, the positive electrode active material 1011 and the conductive material can be bound onto the positive electrode current collector 1001 when the lithium-ion conductive polymer is sufficiently mixed in the positive electrode active material layer 1002.Thus,the positive electrode 1006 can be fabricated without a binder. Since the binder does not contribute to charge and discharge reactions, a smaller number of binders enable higher proportion of materials that contribute to charging and discharging, such as an active material and an electrolyte. As a result, the secondary battery 1000 can have higher discharge capacity, higher rate characteristics, improved cycle performance, and the like.
Ku, Kanamu and KIMURA are analogous art from the sane field of endeavor, namely fabricating lithium secondary batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the active material composition without a binder as taught by KIMURA, in the positive electrode of Ku in view of Kanamu, since the binder does not contribute to charge and discharge reactions, a smaller number of binders [in the cell] enable higher proportion of materials that contribute to charging and discharging, such as an active material and an electrolyte. As a result, the secondary battery 1000 can have higher discharge capacity, higher rate characteristics, improved cycle performance, and the like.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723