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 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.
Claim(s) 1-2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US-20220416235-A1; previously cited) as evidenced by Yashiro et al. (US-20190260065-A1).
Regarding Claim 1, Kim discloses an all-solid secondary battery (Title). Since the all-solid secondary battery of Kim comprises the structural limitations of the claimed “anodeless all-solid state battery” (as laid out in detail below), and since Kim discloses that the all-solid secondary battery precipitates lithium on the current collector after an initial charge [0127], the disclosed all-solid secondary battery of Kim reads on the claimed anodeless all-solid secondary battery as evidenced by the instant specification (Pg. 2, lines 6-14; Pg. 3, lines 8-16). As such, Kim discloses an anodeless all-solid secondary battery comprising:
an anode current collector (21, Fig. 2A);
a composite structure layer (corresponds to the combination of the second anode active material layer 23 and the first anode active material layer 22, Fig. 2A) positioned on the anode current collector;
a solid electrolyte (30, Fig. 2A) positioned on the composite structure layer; and
a cathode (cathode layer 10, Fig. 2A) positioned on the solid electrolyte,
wherein the composite structure layer includes:
a carbon layer (second anode active material layer 23) containing a carbon material [0096], and
a metal deposition layer (first anode active material layer 22) positioned on the carbon layer and containing a lithiophilic metal [0053, 0070, 0107],
wherein the metal deposition layer (first anode active material layer 22) is positioned between the carbon layer (second anode active material layer 23) and the solid electrolyte (solid electrolyte layer 30; see Fig. 2A).
Kim discloses that the metal deposition layer (first anode active material layer 22) includes a metal or a metal alloy that forms an alloy or compound with lithium [0053, 0064, 0070, 0096]. Since the metal/metal alloy interacts with lithium, it is therefore understood to be a “lithiophilic metal” as required by instant Claim 1.
The metal deposition layer can be formed during assembly of the battery through a method such as sputtering, vacuum deposition, or plating [0164, 0174, 0178]. Examiner notes that the method of forming the metal deposition layer disclosed in the prior art (i.e. sputtering, vacuum deposition, or plating [0164, 0178]) is substantially similar to the method taught in the instant application (instant specification: Pg. 5, lines 12-14: “The metal deposition layer may be formed by depositing the lithiophilic metal particles using any one of a vacuum deposition method, a sputtering method, and a plating method”). Therefore, the metal deposition layer of the prior art is understood to inherently result in “metal particles” as required by the instant application (MPEP 2112.01, I).
Kim discloses that the metal deposition layer (first anode active material layer 22) can be formed during assembly of the battery [0164, 0174, 0178]. Kim discloses that the metal deposition layer contains a metal or a metal alloy, and does not contain an organic material [0070, 0080, 0096]. Since the metal deposition layer is formed during assembly and consists of a metal/metal alloy, the metal deposition layer of Kim is understood to consist of lithiophilic metal particles “prior to an initial charging of the anodeless all-solid-state battery”.
Kim discloses that the metal deposition layer (first anode active material layer 22) forms an alloy or compound with lithium [0053, 0096, 0127]. The metal deposition layer (first anode active material layer 22) is formed between the carbon layer (second anode active material layer 23) and the solid electrolyte (30; see Fig. 2A). Therefore, based on the anodeless all-solid-state battery being charged, a lithium layer would necessarily form between the carbon layer (second anode active material layer 23) and the solid electrolyte layer (i.e. lithium incorporates into the first anode active material layer during charging, thereby forming a lithium layer).
Assuming, arguendo, that Kim does not teach the formation of a lithium layer between the carbon layer and the solid electrolyte layer with sufficient specificity, Examiner notes that Kim discloses a product which is substantially similar to that recited in the instant application, and is therefore understood to inherently form a lithium layer between the carbon layer and the solid electrolyte when the anodeless all-solid-state battery is charged, as evidenced by the instant specification (MPEP 2112.01, I). Specifically, the instant specification indicates that that the lithiophilic metal particles react with Li ions to help uniformly precipitate lithium in the lithium metal inducing layer (instant specification: Pg. 12, lines 5-7). Since Kim also teaches lithiophilic metal particles between the carbon layer and the solid electrolyte, the anodeless all-solid-state battery is understood to inherently react in the same manner as disclosed in the instant specification (MPEP 2112.01, I).
Kim discloses that the metal particles in the metal deposition layer (first anode active material layer 22) includes “a metal or metal alloy capable of reacting with lithium to form an alloy or compound” [0053]. Therefore, although Kim does not disclose a specific example wherein the metal deposition layer (first anode active material layer) consists of “a metal”, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the metal deposition layer (first anode active material layer) to consist of a metal which is “capable of reacting with lithium to form an alloy or compound” with a reasonable expectation that such a selection of metal would result in a successful metal deposition layer (first anode active material layer) for use in an anodeless all-solid state battery (MPEP 2123 I-II).
Kim discusses various examples of metals which may be successfully used in a metal alloy, including Mg and Ag [0055, 0057, 0123]. Although Kim does not explicitly disclose that Mg and Ag are metals which are also capable of use as “a metal” in the metal deposition layer (first anode active material layer), Yashiro evidences that Mg and Ag are examples of metals which react with lithium to form an alloy or compound [Yashiro: 0137]. Since Kim desires the metal deposition layer (first anode active material layer) to comprise a metal capable of reacting with lithium to form an alloy or compound, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the metal deposition layer (first anode active material layer) to contain Mg or Ag particles, with a reasonable expectation that such a selection of metal particles would result in a successful metal deposition layer for use in an anodeless all-solid state battery.
Kim discloses that the average particle diameter (D50) of the particle-shaped anode active material of the carbon layer (second anode active material layer 23) is about 10 nm to 900 nm [0109]. The particle-shaped anode active material includes a carbon anode active material, particularly amorphous carbon [0110-0111].
Although Kim does not explicitly disclose that the carbon material has an average particle diameter in a range of 10 to 100 nm, the range disclosed in the prior art encompasses the range recited in the instant application. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to have selected the any portion of the range disclosed in the prior art, including a range of 10 nm to 100 nm, with a reasonable expectation that providing the carbon material to have an average particle diameter within this range would result in a successful carbon material in a carbon layer for an all-solid-state battery (MPEP 2144.05, I).
Kim discloses that the thickness of the metal deposition layer (first anode active material layer 22) is about 10 nm to 500 nm and the thickness of the carbon layer (second anode active material layer 23) is about 1 nm to 100 µm [0107]. Therefore, the composite structure layer has a total thickness of about 11 nm to about 100.5 µm.
Although Kim does not explicitly teach a composite structure layer with a thickness of 0.1 to 20 µm, the range disclosed in the prior art encompasses with the claimed range. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected any portion of the disclosed range, including a thickness of 0.1 µm to 20 µm, with a reasonable expectation that selecting the composite structure layer to have such a thickness would result in a successful composite structure layer capable of use in an anodeless all-solid state battery (MPEP 2144.05, I).
Regarding Claim 2, Kim renders obvious all of the limitations as set forth above. Kim discloses a specific example wherein the anode current collector is a copper foil [0184], which is within the claimed list of materials of the anode current collector.
Regarding Claim 6, Kim renders obvious all of the limitations as set forth above. Kim discloses that the metal deposition layer (first anode active material layer 22) has a thickness of about 10 nm to 500 nm [0107]. Although Kim does not explicitly teach a metal deposition layer with a thickness of 100 to 1000 nm, the range disclosed in the prior art overlaps with the range claimed in the instant application. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the overlapping portion of the range disclosed in the prior art with a reasonable expectation that such a thickness would result in a successful metal deposition layer capable of use in an anodeless all-solid state battery (MPEP 2144.05, I).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US-20220416235-A1; previously cited) as evidenced by Yashiro et al. (US-20190260065-A1) as applied to Claim 1 and in view of Kim ‘354 et al. (US-20220045354-A1; previously cited).
Regarding Claim 3, Kim renders obvious all of the limitations as set forth in Claim 1. Kim discloses that the carbon layer (second anode active material layer 23) includes a carbon anode active material which is particularly amorphous carbon [0110-0111]. Kim teaches that examples of amorphous carbon include carbon black, acetylene black, furnace black, ketjen black, and graphene, although any form of amorphous carbon can be used [0111]. Kim does not teach that the carbon material comprises at least one of a spherical nano-conductive material, a carbon nanotube (CNT), a carbon fiber, or combinations thereof.
Kim ‘354 teaches an all-solid secondary battery including an anode current collector (921, Fig. 10), a first anode active material layer (922, Fig. 10), and a second active material layer (923, Fig. 10). The second anode active material layer (923) includes a carbon-based anode active material [0128]. Kim ‘354 teaches that, as the carbon-based anode active material, amorphous carbon is used [0129]. Kim ‘354 teaches that examples of amorphous carbon include carbon black, acetylene black, furnace black, ketjen black, graphene, carbon nanotube or carbon nanofiber [0129]. Examiner notes that this establishes carbon nanotubes and carbon nanofibers as forms of amorphous carbon.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used carbon nanotubes or carbon fibers as the amorphous carbon material of Kim with a reasonable expectation that the use of carbon nanotubes or carbon fibers as the carbon material in the carbon layer would result in a successful anodeless all-solid-state battery.
Claim(s) 1-3, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogata et al. (US-20200176810-A1) in view of Kim ‘354 et al. (US-20220045354-A1; previously cited).
Regarding Claim 1, Ogata discloses an anodeless all-solid-state battery [0026, 0032] comprising:
an anode current collector (negative conductive layer 235, Figs. 2-3; [0043]);
a composite structure layer (complex structure 140, Figs. 2-3; [0044]) positioned on the anode current collector;
a solid electrolyte (solid electrolyte layer 145, Figs. 2-3) positioned on the composite structure layer (see Figs. 2-3); and
a cathode (cathode layer 135, Fig. 2; [0042]) positioned on the solid electrolyte (see Fig. 2).
Ogata discloses that the composite structure layer includes a carbon layer (scaffold layer 310; [0046]) containing a carbon material (carbon-based composite material; [0046, 0048]).
Ogata also discloses that the composite structure layer includes an anti-dendrite functional layer (305, Fig. 3; [0044-0045]) which can be selected to comprise a metallic material [0045], and which can be formed using deposition techniques [0077]. Therefore, although not disclosed in a specific embodiment, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have formed the anti-dendrite functional layer of a metallic material using deposition techniques, thereby resulting in a “metal deposition layer” as claimed.
Accordingly, Ogata renders obvious a metal deposition layer (anti-dendrite functional layer 305; [0044-0045, 0077]) positioned on the carbon layer (scaffold layer 310) and containing a lithiophilic metal (the metals of the anti-dendrite functional layer can “bond or form an alloy with lithium” [0026, 0045]). The metal deposition layer (anti-dendrite functional layer 305) is positioned between the carbon layer (scaffold layer 310) and the solid electrolyte (solid electrolyte layer 145; see Fig. 3).
Ogata discloses that, prior to an initial charging of the anodeless all-solid-state battery, the metal deposition layer consists of lithiophilic metal (i.e. the anti-dendrite functional layer can be “initially free of any lithium material prior to the first charging cycle of the battery cell” [0045]). Although Ogata does not specifically disclose that the lithiophilic metal is in the form of “particles”, Ogata discloses that the metal deposition layer can be formed by deposition techniques such as vacuum deposition (i.e. chemical vapor deposition; physical vapor deposition: [0077]) or plating (i.e. electroplating: [0077]). The instant specification evidences that these methods result in the deposition of lithiophilic metal particles on the carbon layer (instant specification: Pg. 17, lines 5-10). Therefore, since the prior art discloses substantially similar methods of deposition, the resulting deposited material is understood to be in the form of particles (MPEP 2112.01, I).
Ogata discloses that the metal of the metal deposition layer is capable of bonding or forming an alloy with lithium [0026, 0045]. Therefore, it is understood that, during charging, the metal deposition layer would incorporate lithium to become a lithium layer.
Furthermore, Ogata discloses an anodeless all-solid-state battery which is substantially similar to the anodeless all-solid state battery of the instant application. Therefore, it is understood that the anodeless all-solid-state battery of the prior art would inherently form a lithium layer between the carbon layer and the solid electrolyte during charging (MPEP 2112.01, I-II) as evidenced by the instant application (instant specification: Pg. 12, lines 14-23; Pg. 13, lines 8-16).
Ogata discloses that the metal deposition layer (anti-dendrite functional layer) can be comprised of a metallic material such as silver (from a list of possible candidates) [0045]. Therefore, although Ogata does not teach a specific embodiment wherein the lithiophilic metal is silver, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the metallic material to be silver particles with a reasonable expectation that such a material selection would result in a successful metal deposition layer (anti-dendrite functional layer) for use in an anodeless all-solid-state battery.
Ogata discloses that the carbon layer (scaffold layer) is comprised of a carbon-based composite material such as carbon fiber [0048]. The carbon layer (scaffold layer) helps lithium to attach along a side of the carbon layer (scaffold layer) during charging, and move lithium away from the current collector during discharging [0049]. Ogata does not disclose the average particle diameter (D50) of the carbon-based material.
Kim ‘354 teaches an all-solid secondary battery including an anode current collector (921, Fig. 10) and a second active material layer (923, Fig. 10) located on the anode current collector. The second anode active material layer (923) includes a carbon-based anode active material, such as carbon nanofibers [0128-0129]. The carbon-based material has an average particle diameter of about 10 nm to 900 nm which, advantageously, allows for reversible absorption and/or desorption of lithium to be more easily performed [0128].
Both Ogata and Kim ‘354 are drawn towards all-solid secondary batteries which include a carbon layer on the anode current collector. Therefore, in seeking to allow for reversible absorption and/or desorption of lithium to be more easily performed, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the average particle diameter (D50) of the carbon material of Ogata to be 10 nm to 900 nm with a reasonable expectation that such a particle diameter would result in a successful carbon material.
The range of 10 nm to 900 nm rendered obvious in the prior art encompasses the claimed range of 10 to 100 nm. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the carbon material to have a D50 of 10 nm to 100 nm with a reasonable expectation that such a particle diameter would result in a successful carbon material for use in an anodeless all-solid-state battery (MPEP 2144.05, I).
As discussed above, Ogata discloses that the composite structure layer is comprised of the carbon layer (scaffold layer) and the metal deposition layer (anti-dendrite functional layer). Ogata further discloses that the carbon layer (scaffold layer) can have a thickness of 1 µm to 30 µm [0047], and the metal deposition layer (anti-dendrite functional layer) can have a thickness of 0.01 µm to 10 µm [0044]. Accordingly, the thickness of the composite structure layer is 1.01 µm to 40 µm.
Although Ogata does not explicitly teach that the composite structure layer has a thickness of 0.1 µm to 20 µm, the range disclosed by the prior art overlaps the claimed range. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the overlapping portion of the range disclosed in the prior art with a reasonable expectation that such a thickness would result in a successful composite structure layer for use in an anodeless all-solid-state battery (MPEP 2144.05, I).
Regarding Claim 2, modified Ogata renders obvious all of the limitations as set forth above. Ogata further discloses that the negative current collector (negative conductive layer) may include a metallic material such as nickel or copper (from a list of possible candidates) [0043]. Therefore although modified Ogata does not teach a specific embodiment wherein the anode current collector (negative conductive layer) is selected to comprise at least one of nickel, copper, stainless steel, or combinations thereof, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the anode current collector to comprise at least one of nickel or copper with a reasonable expectation that such a material selection would result in a successful anode current collector for use in an anodeless all-solid-state battery.
Regarding Claim 3, modified Ogata renders obvious all of the limitations as set forth above. Ogata further discloses that the carbon material (carbon-based composite material) may be selected from a group of possible candidates which include carbon fiber [0048]. Therefore, although Ogata does not teach a specific embodiment wherein the carbon material comprises at least one of a spherical nano-conductive material, a carbon nanotube (CNT), a carbon fiber, or combinations thereof, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the carbon material to comprise carbon fibers with a reasonable expectation that such a material selection would result in a successful anodeless all-solid-state battery.
Regarding Claim 6, modified Ogata renders obvious all of the limitations as set forth above. Ogata further discloses that the metal deposition layer (anti-dendrite functional layer) has a thickness of 0.01 µm (i.e. 10 nm) to 10 µm [0044]. This range encompasses the claimed range of 100 to 1000 nm. Therefore, although modified Ogata does not disclose a particular embodiment wherein the metal deposition layer has a thickness of 100 to 1000 nm, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected the metal deposition layer to have a thickness of 100 nm to 1000 nm with a reasonable expectation that such a thickness would result in a successful metal deposition layer (MPEP 2144.05, I).
Other References Considered
Although not relied upon in the current rejections of record, Yang et al. (WO-2023018162-A1; see English equivalent US-20240105943-A1 for citations) is considered relevant to the amended claims. Yang discloses an all-solid secondary battery (abstract) comprising a negative electrode current collector (21, Fig. 2), a solid electrolyte layer (30, Fig. 2), and a positive electrode layer (10, Fig. 2) positioned on the solid electrolyte [0032]. Yang discloses a first anode active material layer (22, Fig. 2) comprising a carbon-based material [0021] and a second anode active material layer (23) comprising a metal such as silver [0042-0043]. Although not explicitly pictured, Yang discloses that the second anode active material layer can be formed between the first anode active material layer and the solid electrolyte [0107]. The second anode active material layer may be a region that is free of lithium in an initial state or after discharging [0046].
Response to Arguments
Applicant's arguments filed 05/27/2025 have been fully considered but they are not persuasive. For the sake of compact prosecution, the claims are further rejected over Ogata. Applicant’s arguments with respect to Kim are moot in regard to Ogata.
Applicant has argued that Kim does not describe or suggest that the lithiophilic metal of the first anode active material layer is one of silver (Ag) or magnesium (Mg) (Remarks, Pg. 6 of 7). Applicant has argued that Kim merely lists various metals and alloys, and describes M1M2 alloys, and that Kim identified Ge-Te or Ge-Se as preferred alloys (Remarks, Pg. 6 of 7). Applicant has argued that Kim says nothing about Ag or Mg (Remarks, Pg. 6 of 7).
Examiner has carefully considered this argument, but respectfully disagrees. Although Examiner acknowledges that Kim discloses Ge-Te or Ge-Se as preferred embodiments [claim 8], Examiner notes that Kim allows for the first anode active material layer (corresponds to metal deposition layer) to include “a metal or metal alloy capable of reacting with lithium to form an alloy or compound” (emphasis added) [0053]. Therefore, although Kim discusses the composition of a metal alloy as a preferred embodiment of the first anode active material layer [0055], Kim is also open to a first anode active material layer comprising “a metal” which is capable of reacting with lithium to form an alloy or compound (MPEP 2123, I-II).
Examiner further notes that Kim discloses Ag and Mg as possible candidates for metals of the metal alloy [0057]. Although Kim does not explicitly teach that these metals can also be used alone as “a metal” which is capable of reacting with lithium to form an alloy or compound, Yashiro evidences that Ag and Mg are both capable of forming an alloy or compound with lithium [Yashiro: 0137]. Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have had a reasonable expectation that selecting the first anode active material layer (corresponds to metal deposition layer) to comprise Ag or Mg would result in a successful metal deposition layer, since both metals are capable of forming an alloy or compound with lithium.
Applicant has further argued that Kim does not disclose the carbon material as having an average particle diameter (D50) in a range of 10 to 100 nm, and instead merely discloses a broad set of materials including metals and metalloids having an average particle diameter of 4 µm or less (Remarks, Pg. 6 of 7).
Examiner has carefully considered this argument, but respectfully disagrees with this interpretation of the prior art. Examiner notes that Kim discloses carbon as a material of the second anode active material [0110], and Kim discloses the particle diameter of the active material of the second anode active material layer [0109]. Therefore, in seeking to select an appropriate diameter for the carbon material, one of ordinary skill in the art would have found it obvious to have used the particle diameter disclosed for the particles of the second anode active material layer.
Specifically, Kim discloses that “the particle diameter of the particle-shaped anode active material included in the second anode active material layer 23 is, for example, about 4 µm or less… or about 10 nm to about 900 nm” [0109]. Since Kim discloses that the second anode active material layer comprises carbon [0110], one of ordinary skill in the art would have found it obvious to have selected the particle diameter (D50) of the carbon material to be within the disclosed range of “about 10 nm to about 900 nm”, including selecting the particle diameter (D50) to be 10 nm to 100 nm, with a reasonable expectation that such a particle diameter would result in a successful carbon material (MPEP 2144.05, I).
Applicant has further argued the combination of Kim’s second anode active material layer 23 and the first anode active material layer 22 does not have a thickness in the range of 0.1 to 20 µm as claimed (Remarks, Pg. 6 of 7). Applicant notes that Kim discloses a preference to minimize the thickness of the anode layers to improve energy density, but concludes that the composite structure layer does not have the claimed thickness (Remarks, Pg. 6 of 7).
Examiner has carefully considered this argument, but respectfully disagrees with Applicant’s interpretation of the prior art. Examiner notes that Kim’s desire to decrease the thickness of the anode active material layers is in regards to the thickness of the cathode layers [0106]. Specifically, Kim discusses improving energy density by making the anode active material layer thinner than the cathode active material layer [0107]. Kim then proceeds to discuss thicknesses of the anode active materials which result in a composite structure layer with a thickness which encompasses the claimed range [0107]. Specifically, Kim discloses the thickness of the metal deposition layer (first anode active material layer 22) and the thickness of the carbon layer (second anode active material layer 23), such that the composition structure layer (i.e. the combination of the metal deposition layer and the carbon layer) has a total thickness of about 11 nm to about 100.5 µm [0107]. This range encompasses with the claimed range. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected any portion of the disclosed range, including a thickness of 0.1 µm to 20 µm, with a reasonable expectation that selecting the composite structure layer to have such a thickness would result in a successful composite structure layer capable of use in an anodeless all-solid state battery (MPEP 2144.05, I).
Conclusion
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.
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/D.C.N./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 8/13/2025