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
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3,7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US20200381772A1).
Regarding claim 1, Kim discloses a solid-state battery ([0082] all-solid-state battery), comprising:
a positive electrode ([0082] positive electrode); a negative electrode ([0082] negative electrode); and a solid-state electrolyte layer disposed between the positive electrode and the negative electrode ([0082] solid electrolyte interposed between the positive electrode and the negative electrode), wherein the solid-state electrolyte layer comprises a sulfide solid-state electrolyte ([0043] solid electrolyte includes an oxysulfide-based compound), and the sulfide solid-state electrolyte is represented by Chemical formula 1, Li6+x+yP1−x−ySixTiyS5−2x−2yBrO2x+2y [Chemical formula 1] ([0044] Formula 1. LiaPbMcSdOeX and [0045] M is one selected from a group consisting of Ti, Si, and a combination thereof; X is Br) wherein in Chemical formula 1, 0 ≤ x ≤ 0.5, 0 ≤ y ≤ 0.5, and x + y > 0 ([0045] 6 < a ≤ 7, 0 < b < 1, 0 < c < 1, 4 < d < 5, and 0 < e < 1. For example, for x = 0.3 and y = 0.1, Li6.4P0.6Si0.3Ti0.1S4.2BrO0.8). MPEP 2144.05 In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Regarding claim 2, Kim discloses the solid-state battery ([0082]) according to claim 1, wherein the sulfide solid-state electrolyte ([0043]) is represented by Chemical formula 2, Li6+xP1-xSixS5−2xBrO2x [Chemical formula 2] ([0044] Formula 1. LiaPbMcSdOeX and [0045] M is one selected from a group consisting of Si; X is one selected from a group consisting of Br) wherein in Chemical formula 2, 0.01 ≤ x ≤ 0.5 ([0045] 6 < a ≤ 7, 0 < b < 1, 0 < c < 1, 4 < d < 5, and 0 < e < 1. For example, for x = 0.3, Li6.3P0.7Si0.3S4.4BrO0.6).
Regarding claim 3, Kim discloses the solid-state battery ([0082]) according to claim 1, wherein the sulfide solid-state electrolyte ([0043]) is represented by Chemical formula 3, Li6+yP1-yTiyS5−2yBrO2y [Chemical formula 3] ([0044] Formula 1. LiaPbMcSdOeX and [0045] M is one selected from a group consisting of Ti; X is one selected from a group consisting of Br) wherein in Chemical formula 3, 0.01 ≤ y ≤ 0.5 ([0045] 6 < a ≤ 7, 0 < b < 1, 0 < c < 1, 4 < d < 5, and 0 < e < 1. For example, for y = 0.1, Li6.1P0.9Ti0.1S4.8BrO0.2).
Regarding claim 7, Kim discloses the solid-state battery ([0082]) according to claim 1, wherein the positive electrode ([0082] positive electrode) comprises a positive active material ([0084] positive electrode active material), a solid-state electrolyte ([0091] oxysulfide-based solid electrolyte), and a conductive additive ([0084] conductive agent).
Regarding claim 8, Kim discloses the solid-state battery ([0082]) according to claim 7, wherein the positive active material ([0084]) comprises LiNi0.8Co0.1Mn0.1O2 ([0085] positive electrode active material may be LiNi0.8Co0.1Mn0.1O2 )
Regarding claim 9, Kim discloses the solid-state battery ([0082]) according to claim 7, wherein the solid-state electrolyte in the positive electrode ([0091]) comprises a halide solid-state electrolyte ([0044] oxysulfide-based compound can be represented by Formula 1. LiaPbMcSdOeX and [0045] X is one selected from a group consisting of F, Cl, Br, and I).
Regarding claim 10, Kim discloses the solid-state battery ([0082]) according to claim 1, wherein the negative electrode ([0082] negative electrode) comprises lithium, indium, lithium-indium alloy, or a combination thereof ([0095] lithium metal, an alloy made of lithium and In).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US20200381772A1) as applied to claim 1 above, and further in view of Tang et al. (CN117039133A English machine translation provided with this Office Action).
Regarding claim 4, Kim discloses the solid-state battery ([0082]) according to claim 1, comprising: a positive electrode ([0082] positive electrode); a negative electrode ([0082] negative electrode); and a solid-state electrolyte layer disposed between the positive electrode and the negative electrode ([0082] solid electrolyte interposed between the positive electrode and the negative electrode)
Kim does not disclose that the solid-state electrolyte layer has a dual-layer structure, the dual-layer structure comprises a first layer and a second layer stacked on each other, the first layer is disposed between the negative electrode and the second layer, and the second layer is disposed between the positive electrode and the first layer.
Tang discloses a solid-state battery ([0093] all-solid-state battery) in which the solid-state electrolyte layer has a dual-layer structure ([0096] double-layer heterogeneous electrolyte layer), the dual-layer structure comprises a first layer ([0096] sulfide solid electrolyte) and a second layer ([0096] halide solid electrolyte) stacked on each other ([0096-0097] press halide solid electrolyte and sulfide solid electrolyte to obtain a double-layer heterogeneous electrolyte layer), the first layer is disposed between the negative electrode and the second layer ([0104-0105] place the negative electrode on the sulfide solid electrolyte side), and the second layer is disposed between the positive electrode and the first layer ([0103-0104] place the positive electrode raw material on the halide solid electrolyte side). Tang also discloses that the double-layer heterostructure electrolyte layer uses the high conductivity and good mechanical flexibility of the halide solid electrolyte to avoid interface problems caused by direct contact between the sulfide electrolyte and the composite cathode ([0609-0611]).
Kim and Tang are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely solid-state batteries with a sulfide-based solid electrolyte.
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the solid-state electrolyte layer of Kim to have a dual-layer structure, the dual-layer structure comprises a first layer and a second layer stacked on each other, the first layer comprising a sulfide solid electrolyte is disposed between the negative electrode and the second layer, and the second layer comprising a halide solid electrolyte is disposed between the positive electrode and the first layer as taught by Tang in order to use the high conductivity and good mechanical flexibility of the halide solid electrolyte to avoid interface problems caused by direct contact between the sulfide electrolyte and the composite cathode.
Regarding claim 5, Tang discloses a solid-state battery ([0093] all-solid-state battery) comprising the solid-state electrolyte layer that has a dual-layer structure ([0096] double-layer heterogeneous electrolyte layer) in which the first layer of the solid-state electrolyte layer comprises the sulfide solid-state electrolyte ([0096] sulfide solid electrolyte), and the second layer of the solid-state electrolyte layer comprises a halide solid-state electrolyte ([0096] halide solid electrolyte).
Regarding claim 6, Tang discloses a solid-state battery ([0093] all-solid-state battery) in which the halide solid-state electrolyte is selected from a group consisting of Li3InCl6, Li3AlF6, Li3GaF6, Li3YCl6, and Li3YBr6 ([0077-0079] the halide solid electrolyte at least one of Li3InCl6, Li3YCl6)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung et al. (KR20220169391A) discloses a solid-state battery with a halide-based nanocomposite solid electrolyte of Formula 1 and a sulfide-based solid electrolyte.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAN N TRAN whose telephone number is (571)270-0183. The examiner can normally be reached Mon-Thurs 7:30am-5pm.
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/DAN NGUYEN TRAN/Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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