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 Objections
Claims 1-19 are objected to because of the following informalities:
Regarding claim 1, the phrase “the second solid electrolyte is present between the composite particle and the composite particle” appears to have been intended to mean that the second solid electrolyte is present between composite particles of the plurality of composite particles. Claims 2-15 are similarly objected to as they incorporate all of the limitations of claim 1. Appropriate correction is required.
Regarding claim 11, the phrase “the second conductive material is present between the composite particle and the composite particle” appears to have been intended to mean that the second conductive material is present between composite particles of the plurality of composite particles. Claims 12 is similarly objected to as it incorporates all of the limitations of claim 11. Appropriate correction is required.
Regarding claim 16, the phrase “the second solid electrolyte is present between the composite particle and the composite particle” appears to have been intended to mean that the second solid electrolyte is present between composite particles of the plurality of composite particles. Claims 17-19 are similarly objected to as they incorporate all of the limitations of claim 16. Appropriate correction is required.
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 1-19 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.
Regarding claim 14, the phrase “crushed phases” renders the claim indefinite, because it is unclear how a crushed phase is distinct from a regular phase in a material, and the Instant Specification offers no guidance on how a crushed phase is distinguished from a non-crushed phase. For examination purposes, it is assumed that any phase in a material can reasonably be considered to be a crushed phase.
Claim 1 recites the limitation "the composite particle and the composite particle" in. There is insufficient antecedent basis for this limitation in the claim. Claims 2-15 are similarly rejected as the incorporate all of the limitations of claim 1.
Claim 16 recites the limitation "the composite particle and the composite particle" in. There is insufficient antecedent basis for this limitation in the claim. Claims 17-19 are similarly rejected as the incorporate all of the limitations of claim 1.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 8-9, 11-13, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujino et al. (US 2020/0044284).
As to claim 1, Fujino et al. discloses a negative electrode material (see e.g. anode layer, [0044]) comprising:
a plurality of composite particles including an active material containing silicon (see e.g. Si-based anode active material, which may be an alloy or oxide and thereby reads on a composite particle, [0044]), a first solid electrolyte (see e.g. second electrolyte that coats the Si-based anode active material. [0047]-[0048]), and a first conductive material (see e.g. second conductive material in the coating portion, [0050]); and
a second solid electrolyte, wherein the second solid electrolyte is present between the composite particle and the composite particle (see e.g. first solid electrolyte in the active material layer, which is distinct from the solid electrolyte coating the Si particles, [0057]).
As to claim 2, Fujino et al. discloses the negative electrode material according to claim 1, wherein the second solid electrolyte has the same chemical composition as the chemical composition of the first solid electrolyte (see e.g. [0048], the first solid electrolyte in the active material layer may be the same material as the second solid electrolyte coating the Si particles).
As to claim 3, Fujino et al. discloses the negative electrode material according to claim 1, wherein the second solid electrolyte has a chemical composition different from a chemical composition of the first solid electrolyte (see e.g. [0048], the first solid electrolyte in the active material layer may be different from the second solid electrolyte coating the Si particles).
As to claim 8, Fujino et al. discloses the negative electrode material according to claim 1, wherein the first conductive material contains a first carbon material (see e.g. the second conductive material of Fujino et al., which reads on the claimed first conductive material, may comprise carbon materials, [0050]).
As to claim 9, Fujino et al. discloses the negative electrode material according to claim 8, wherein the first carbon material contains carbon fiber (see e.g. the second conductive material of Fujino et al., which reads on the claimed first conductive material, may comprise carbon nanotubes and/or carbon nanofibers, [0050]).
As to claim 11, Fujino et al. discloses the negative electrode material according to claim 1, further comprising a second conductive material (see e.g. first conductive material, which reads on the claimed second conductive material, [0042]), wherein the second conductive material is present between the composite particle and the composite particle (see e.g. [0042], the first conductive material is mixed with the Si-based active material particles and is thereby present between particles of the Si-based active material particles).
As to claim 12, Fujino et al. discloses the negative electrode material according to claim 11, wherein the second conductive material contains a second carbon material (see e.g. [0069], stating that the first and second conductive materials may be made of the same material, and [0050], stating that the second conductive material may comprise carbon materials).
As to claim 13, Fujino et al. discloses a negative electrode (see e.g. [0037] and Fig. 1, the anode layer 2 and anode current collector 5 together can be considered to constitute a negative electrode) comprising: a negative electrode collector (see e.g. anode current collector 5 [0037]), and a negative electrode active material layer supported by the negative electrode collector (see e.g. [0037] and Fig. 1, anode layer 2 is supported by anode current collector 5), wherein the negative electrode active material layer contains the negative electrode material according to claim 1 (see e.g. [0041]-[0044], the anode layer of Fujino et al. comprises a negative active material that reads on all of the limitations of claim 1, as set forth in the rejection of claim 1 above).
As to claim 15, Fujino et al. discloses a battery (see e.g. all solid state battery, [0011]) comprising:
a positive electrode (see e.g. [0037] and Fig. 1, the cathode layer 1 and cathode current collector 4 together can be considered to constitute a positive electrode);
the negative electrode according to claim 13 (see e.g. [0037] and Fig. 1, the anode layer 2 and anode current collector 5 together can be considered to constitute a negative electrode, which reads on the negative electrode of claim 13 as set for the in the rejection of claim 13 above);
and a solid electrolyte layer disposed between the positive electrode and the negative electrode (see e.g. solid electrolyte layer 3 disposed between positive electrode 1/4 and negative electrode 2/5, [0037] and Fig. 1).
As to claim 16, Fujino et al. discloses a method for producing a negative electrode material (see e.g. anode layer, [0044]) comprising:
mixing a plurality of composite particles (see e.g. [0116], the components are mixed together to form an anode material that reads on a negative electrode material) including an active material containing silicon (see e.g. Si-based anode active material, which may be an alloy or oxide and thereby reads on a composite particle, [0044]), a first solid electrolyte (see e.g. second electrolyte that coats the Si-based anode active material. [0047]-[0048]), and a first conductive material (see e.g. second conductive material in the coating portion, [0050]) and
a second solid electrolyte, wherein the second solid electrolyte is present between the composite particle and the composite particle (see e.g. first solid electrolyte in the active material layer, which is distinct from the solid electrolyte coating the Si particles, [0057]).
As to claim 17, Fujino et al. discloses the method for producing a negative electrode material according to claim 16, further comprising producing the composite particle by mixing the active material containing silicon, the first solid electrolyte, and the first conductive material (see e.g. [0116], the anode material is formed by mixing the Si particles, electrolyte, and conductive material to form an anode slurry).
As to claim 18, Fujino et al. discloses a method for producing a negative electrode comprising: molding the negative electrode material produced by the method for producing a negative electrode material according to claim 16 (see e.g. [0116], the anode slurry is pasted onto a collector and dried, which reads on the claimed molding step. The anode slurry reads on the electrode material of claim 16, as set forth in the rejection of claim 16 above).
As to claim 19, Fujino et al. discloses a method for producing a battery comprising: laminating a negative electrode produced by the method for producing a negative electrode according to claim 18, an electrolyte layer, and a positive electrode (see e.g. [0119]-[0120], a solid-state battery is produced by sandwiching an anode structure that reads on a negative electrode, a cathode structure that reads on a positive electrode, and a solid electrolyte layer together and pressing the structure such that it is laminated. The anode structure reads on the negative electrode of claim 18, as set forth in the rejection of claim 18 above.
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.
Claim(s) 5-7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fujino et al. (US 2020/0044284).
As to claim 5, Fujino et al. discloses the negative electrode material according to claim 1, wherein the active material containing silicon has a shape of a particle, and an average particle diameter of particles of the active material containing silicon is 2.6 mm or less, which overlaps and thereby renders obvious the claimed range of 1 mm or less (see e.g. [0046], stating that the average particle size of the Si-based anode active material may be 2.6 mm or less).
As to claim 6, Fujino et al. discloses the negative electrode material according to claim 1, wherein the first solid electrolyte has a shape of a particle, and an average particle diameter of particles of the first solid electrolyte is less than or equal to 1 µm (see e.g. [0048], stating that the first and second solid electrolytes may be the same material, and [0066], which states that the first solid electrolyte may range from 0.05 mm to 50 mm, which overleaps and thereby renders obvious the claimed range of 1 mm or less).
As to claim 7, Fujino et al. discloses the negative electrode material according to claim 1, wherein the second solid electrolyte has a shape of a particle, and an average particle diameter of particles of the second solid electrolyte is less than or equal to 1 µm (see e.g. [0048], stating that the first and second solid electrolytes may be the same material, and [0066], which states that the first solid electrolyte may range from 0.05 mm to 50 mm, which overleaps and thereby renders obvious the claimed range of 1 mm or less).
As to claim 14, Fujino et al. discloses the negative electrode according to claim 13.
The first solid electrolyte in para [0057] of Fujino et al. reads on the claimed second solid electrolyte. This first solid electrolyte may be made of the same material as the second solid electrolyte of Fujino et al. as per [0048].
While Fujino does not explicitly state that the second solid electrolyte has a plurality of crushed phases, para [0101] of Fujino discloses that the anode layer particles are subjected to compression and shearing forces and mechanical damage, which suggests that the particles are fractured into multiple crushed phases. One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have reasonably expected the second solid electrolyte to possess a plurality of crushed phases.
Similarly, Fujino et al. discloses a first solid electrolyte comprising a plurality of particles that have a plurality of phases distributed in the interior of the plurality of composite particles (see e.g. [0057], Fujino et al. disclose a second solid electrolyte that reads on the claimed first solid electrolyte. This second solid electrolyte coats the active material and thereby can be considered to be distributed in the interior of the composite particles).
Further regarding claim 14, the first and second solid electrolytes of Fujino et al. are mixed randomly by kneading in a homognizer, mixer, or a mill as per para [0109]. None of these mixing techniques impose a controlled orientation on the of the particles. As such, one of ordinary skill in the art prior to the filing date of the instantly-claimed invention would have reasonably expected the particles and particle phases of the solid electrolytes to be randomly distributed without a specific orientation.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Fujino et al. (US 2020/0044284) as applied to claim 1 above, and further in view of Lee et al. (US 2020/0144599).
As to claim 4, Fujino et al. discloses the negative electrode material according to claim 1, wherein an average particle diameter of the plurality of composite particles is less than 2.6 µm (see e.g. Fujino et al.: [0046]), which lies slightly outside the claimed range of greater than or equal to 3 µm and less than or equal to 12 µm.
Lee et al. teaches an analogous anode material comprising silicon composite particles as an active anode material (see e.g. Lee et al.: [0045]-[0046]) in which the particles have an average size of 0.01 µm to 4 µm, which overlaps and thereby renders obvious the claimed range of greater than or equal to 3 µm and less than or equal to 12 µm (see e.g. Lee et al.: [0095]). Lee et al. additionally teaches that when an active material with this average size is selected, the characteristics of the all-solid secondary battery made from this anode material may further improve (see e.g. Lee et al.: [0095]).
It would therefore have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to modify the negative electrode material of Fujino et al. by setting the average particle size of the composite particles to be greater than or equal to 3 µm and less than or equal to 12 µm, as taught by Lee et al.. Said artisan would have motivated to make such a modification to Fujino et al.’s composite particles because Lee et al. teaches that anode active material particles in this size range yield battery materials that improve the characteristics of the battery.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fujino et al. (US 2020/0044284) as applied to claim 9 above, and further in view of Yushin et al. (US 2017/0170515).
As to claim 10, Fujino et al. discloses the negative electrode material according to claim 9, wherein the first carbon material contains carbon fiber (see e.g. the second conductive material of Fujino et al., which reads on the claimed first conductive material, may comprise carbon nanotubes and/or carbon nanofibers, [0050]), but Fujino et al. is silent as to the diameter of the carbon fiber, and does not explicitly disclose that an average fiber diameter of the carbon fiber is less than or equal to 0.2 µm.
Yushin et al., also working in the field of active materials for secondary batteries, teaches an electrode mixture in which carbon fibers having a preferred diameter of below 30 nm are added to the mixture, which lies within and thereby anticipated the claimed range of less than or equal to 0.2 µm (see e.g. Yushin et al.: [0073]). Yushin et al. further teaches that these carbon fibers advantageously connect the active material particles and thereby enhance the mechanical stability of the material in addition to providing electrical conductivity (see e.g. Yushin et al.: [0073]).
It would therefore have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to modify the negative electrode material of Fujino et al. by selecting the diameter of the carbon fibers to by less than or equal to 0.2 µm in the manner taught by Yushin et al.. Said artisan would have been motivated to make such a modification because Yushin et al. teaches that these carbon fibers connect the active material particles and thereby enhance the mechanical stability of the material in addition to providing electrical conductivity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Omori et al. (US 2021/0203006) discloses a similar anode active material having an Si-based active material, a coating electrolyte, and a second electrolyte.
Iwasaki et al. (JP 2017220339, as read via machine translation) also discloses a composite active material coated by a first electrolyte and surrounded by a second electrolyte.
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/A.M.H./Examiner, Art Unit 1723
/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
06/24/2026
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