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 .
Status of Claims and Other Notes
Claims 14–24, 26, and 33–41 are pending.
Claims 1–13, 25, and 27–32 are canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0194938 A1.
Drawings
The drawings are objected to because:
Reference character 23 is described as a metal layer present in FIG. 7 (e.g., [0108]). However, reference character 23 is not present in FIG. 7. Reference character 23 is used to designate a second anode active material layer (FIG. 8, [0110]).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: METAL AND NITROGEN-INCLUDING ARGYRODITE SOLID ELECTROLYTE, ELECTROCHEMICAL CELL INCLUDING SOLID ELECTROLYTE, AND METHOD OF PREPARING SOLID ELECTROLYTE OXIDE.
The disclosure is objected to because of the following informalities:
Reference character 23 is described as a metal layer present in FIG. 7 (e.g., [0108]). However, reference character 23 is not present in FIG. 7. Reference character 23 is used to designate a second anode active material layer (FIG. 8, [0110]).
Reference character 10 is referred to as a cathode active material layer in paragraph [0129]. Reference character 10 is used to designate a cathode layer; and reference character 12 is used to designate a cathode active material layer. Reference character 12 should be used to designate a cathode active material layer in paragraph [0129].
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 14–19, 23, 24, 26, and 33–41 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claims 20–22 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.
Claim 20 recites the limitation "the anode active material" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 19, which claim 20 is directly dependent, recites the limitation "a first anode active material."
Claims 21 and 22 are directly dependent from claim 20 and include all the limitations of claim 20. Therefore, claims 21 and 22 are also 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.
Double Patenting
Claims 14–24, 26, and 33–41 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–22 of U.S. Patent No. 11,908,994 B2, hereinafter the reference patent. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the claims of the reference patent.
Regarding claim 14, the reference patent discloses an all-solid-state secondary battery comprising:
a cathode layer (C26/L45);
an anode layer (C26/L46); and
a solid electrolyte layer disposed between the cathode layer and the anode layer (C26/L47–48),
wherein, at least one of the solid electrolyte layer or the cathode layer comprises a solid electrolyte (C26/L49–50), and
the solid electrolyte comprises a compound represented by Formula 1-1 (Li1-aMa)7-d+xPS6-d-xNxXd Formula 1-1 (C26/L50–51, 56–57))
wherein, in Formula 1, M is at least one of Na, K, Ca, Fe, Mg, Ag, Cu, Zr, or Zn (C26/L59–60),
X is at least one of Cl, Br, F, I, or a pseudohalogen (C26/L61), and
0.1 ≤ x ≤ 0.125, 0 < a < 1, and 0 < d ≤ 1 (C26/L62), and
the compound of Formula 1-1 has an argyrodite crystal structure (C26/L63),
Regarding claim 15, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the cathode layer comprises a cathode active material (C27/L52–53).
Regarding claim 16, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the cathode layer further comprises a conducting agent (C28/L2–3).
Regarding claim 17, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein an amount of the solid electrolyte in the cathode layer is about 2 parts by weight to about 70 parts by weight, based on 100 parts by weight of the cathode active material (C28/L5–7).
Regarding claim 18, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein a capacity retention is greater than about 85% at a 100th cycle after charging to equal to or greater than 4 Volts and discharging to 2.5 Volts the electrochemical cell in a constant-temperature chamber of 25° C (C27/L55-58).
Regarding claim 19, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery, wherein the anode layer comprises:
an anode current collector (C28/L10), and
a first anode active material layer disposed on the anode current collector (C28/L11-12),
wherein the first anode active material layer comprises a first anode active material (C28/L12–13).
Regarding claim 20, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the anode active material comprises at least one of a carbonaceous anode active material, a metal, or a metalloid (C28/L25–27).
Regarding claim 21, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the carbonaceous anode active material comprises at least one of an amorphous carbon or a crystalline carbon (C28/L29–30).
Regarding claim 22, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the metal or the metalloid anode active material comprises at least one of Au, Pt, Pd, Si, Ag, Al, Bi, Sn, or Zn (C28/L32–34).
Regarding claim 23, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery, further comprising:
a second anode active material layer disposed between the anode current collector and the first anode active material layer, or between the solid electrolyte layer and the first anode active material layer (C28/L16–19).
Regarding claim 24, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the second anode active material layer is a metal in the form of a layer comprising at least one of lithium metal or a lithium alloy (C28/L21–23).
Regarding claim 26, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the cathode active material is at least one of a lithium transition metal oxide having a layered crystal structure, a lithium transition metal oxide having an olivine crystal structure, or a lithium transition metal oxide having a spinel crystal structure (C27/L60–64).
Regarding claim 33, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the compound is a compound represented by Formula 1-1: (Li1-aMa)7-d+xPS6-d-x(N)x(X)d Formula 1-1 (C27/L17–27)
wherein, in Formula 1-1, M is at least one of sodium (Na), potassium (K), calcium (Ca), iron (Fe), magnesium (Mg), silver (Ag), copper (Cu), zirconium (Zr), or zinc (Zn) (C27/L17–27);
X is at least one of chlorine (Cl), bromine (Br), fluorine (F), iodine (I), or a pseudohalogen (C27/L17–27); and
0.1 ≤ x ≤ 0.125, 0 < a < 1, and 0 < d ≤ 1 (C27/L17–27).
Regarding claim 34, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein X is Cl and at least one of F, Br, or I (C27/L5).
Regarding claim 35, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein, in Formula 1-1, Xd is (Br1-x1Clx1)d (C27/L7–8),
wherein 0 < x1 < 1 (C27/L7–8).
Regarding claim 36, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the compound of Formula 1-1 is a compound represented by Formula 3: (Li1-aNaa)7-d+xPS6-d-x(N)x(X)d Formula 3 (C27/29–36).
Regarding claim 37, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the compound of Formula 1-1 is a compound represented by Formula 4: (Li1-aKa)7-d+xPS6-d-x(N)x(X)d Formula 4 (C27/38–44).
Regarding claim 38, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the compound is a compound of Formula 1-1 represented by Formula 5: (Li1-aMa)7-d+xPS6-d-x(N)x(Br1-x1(Cl)x1)d Formula 5 (C27/46–50)
wherein, in Formula 5, 0<x1<1 (C27/46–50).
Regarding claim 39, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein the compound represented by Formula 1-1 is Li3Na0.125PS4.875N0.125Cl, Li6Na0.25PS4.75N0.25Cl, Li6K0.125PS4.875N0.125Cl, Li6K0.25PS4.75N0.25Cl, Li6Na0.125PS4.875N0.125Cl0.5Br0.5, Li6Na0.25PS4.75N0.25Cl0.5Br0.5, Li6K0.125PS4.875N0.125Cl0.5Br0.5, Li6K0.25PS4.75N0.25Cl0.5Br0.5, Li6Na0.125PS4.875N0.125Cl0.16Br0.84, Li6Na0.25PS4.75N0.25Cl0.16Br0.84, Li6K0.125PS4.875N0.125Cl0.16Br0.84, Li6K0.25PS4.75N0.25Cl0.16Br0.84, Li6Na0.125PS4.875N0.125Br, Li3Na0.25PS4.75N0.25Br, Li6K0.125PS4.875N0.125Br, Li6K0.25PS4.75N0.25Br, Li6.115Cu0.01PS4.88N0.125Cl, Li6.115Mg0.01PS4.88N0.125Cl, Li6.115Ca0.01PS4.88N0.125Cl, Li6.115Fe0.01PS4.88N0.125Cl, Li6.115Zn0.01 PS4.88N0.125Cl, Li5.9K0.1 Na0.125PS4.875N0.125Cl, or a combination thereof (C27/L10–15).
Regarding claim 40, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein an ion conductivity of the solid electrolyte at 25° C. is equal to or greater than about 1 millisiemen per centimeter (C26/L65–67).
Regarding claim 41, the reference patent discloses all the claim limitations as set forth above and further discloses an all-solid-state secondary battery:
wherein a thickness of the solid electrolyte is about 10 micrometers to about 200 micrometers (C27/L2–3).
Response to Arguments
Applicant's arguments with respect to Seong, Watano, Mimura, Chen, and Du have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments with respect to the drawings, specification, 35 U.S.C. §112 claim rejections, and double patenting have been fully considered but they are not persuasive.
Applicants argue the title has been amended in the substitute specification (P7/¶8). No substitute specification has been submitted. Further, applicants have proposed the title ALL-SOLID STATE SECONDARY BATTERY. The proposed title is not indicative of the invention to which the claims are directed. The sole independent claim 14 is directed to an all-solid state secondary battery including a metal and nitrogen-containing argyrodite solid electrolyte. The title should reference a metal and nitrogen-containing argyrodite solid electrolyte in order to be indicative of the invention to which the claims are directed.
Applicants argue paragraphs [0082], [0084], and [0126] have been amended to address the objections to the drawings and specification (P7/¶10, P8/¶¶1,2). No amendments to the specification have been submitted nor has a substitute specification been submitted. Therefore, paragraphs [0082], [0084], and [0126] have not been amended to address the objections to the drawings and specification.
Applicants request the double patenting rejection be held in abeyance until one or more claims of the application at-issue are deemed to be allowed (P10/¶3). As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application's claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only compliance with objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated. See MPEP 804 I.B.1.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725