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 1–14 are pending.
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 2024/0186570 A1.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10 March 2026 was filed after the mailing date of the non-final Office Action on 19 February 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicants' amendments have overcome the objections to the specification.
Claim Objections
Applicants' amendments have overcome the objections of claims 11 and 14.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 2, 3, 5, and 9–14 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim Rejections - 35 USC § 102
Claims 1, 2, and 4–14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kambara et al. (US 2014/0302382 A1, hereinafter Kambara).
Regarding claim 1, Kambara discloses a solid electrolyte material comprising:
Li, T, X and A (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350])
wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350]);
X is at least one element selected from the group consisting of F, Cl, Br, I and N (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350]); and
A is one or more of S or Se (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350]);
wherein the solid electrolyte material has peaks at 14.9° ± 0.50°, 20.4° ± 0.50°, and 25.4° ± 0.50° in X-ray diffraction measurement with Cu-Kα(1,2) = 1.5418 Å (FIG. 6, [0297], [0302], [0307], [0312]; FIG. 7, [0292], [0317], [0322], [0327]; FIG. 8, [0335]; FIG. 9, [0341], [0346], [0351]).
Regarding claim 2, Kambara discloses all claim limitations set forth above and further discloses a solid electrolyte material:
the solid electrolyte material having a formula Li1-a-b-c-dPaTbAcXd (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350])
wherein 0 ≤ a ≤ 0.150, 0 ≤ b < 0.176, 0.364 ≤ c ≤ 0.603, and 0.019 ≤ d ≤ 0.080 (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350]).
Example
Li2S (moles)
P2S5 (moles)
LiCl or LiBr (moles)
Li1-a-b-c-dPaTbAcXd
11
64
21
14
Li0.39P0.11S0.46Br0.04
12
64
21
14
Li0.33P0.11S0.46Br0.04
13
69
23
7.5
Li0.38P0.12S0.48Br0.02
14
58
19
23
Li0.39P0.11S0.43Br0.07
15
52
17
31
Li0.40P0.10S0.41Br0.09
16
64
21
15
Li0.39P0.11S0.46Cl0.04
17
69
23
7.5
Li0.38P0.12S0.48Cl0.02
18
58
19
23
Li0.39P0.11S0.43Cl0.07
19
52
17
31
Li0.40P0.10S0.41Cl0.09
TABLE 1: Composition of Examples in Kambara- Li1-a-b-c-dPaTbAcXd, 0.10 ≤ a ≤ 0.12, b = 0, 0.41 ≤ c ≤ 0.48, 0.02 ≤ d ≤ 0.09.
Regarding claim 4, Kambara discloses all claim limitations set forth above and further discloses a solid electrolyte material:
at least one of glass ceramic phases, crystalline phases and mixed phases (FIG. 6, [0297], [0302], [0307], [0312]; FIG. 7, [0292], [0317], [0322], [0327]; FIG. 8, [0335]; FIG. 9, [0341], [0346], [0351]).
Regarding claim 5, Kambara discloses all claim limitations set forth above and further discloses a solid electrolyte material:
wherein mixed phases comprise crystalline phases containing peaks at 20.2°±0.50° and 23.6° ± 0.50°, and/or 21.0° ± 0.50° and 28.0° ± 0.50°, and/or 17.5° ± 0.50° and 18.2° ± 0.50°, and/or peaks at 17.8° ± 0.50° and 21.8° ± 0.50° in X-ray diffraction measurement with Cu-Kα(1,2) = 1.5418 Å (FIG. 6, [0297], [0302], [0307], [0312]; FIG. 7, [0292], [0317], [0322], [0327]; FIG. 8, [0335]; FIG. 9, [0341], [0346], [0351]).
Regarding claim 6, Kambara discloses all claim limitations set forth above and further discloses a solid electrolyte material:
wherein a ratio of peak intensity at 20.4° ± 0.50° to a peak at 21.0° ± 0.50° is 1 or more (FIG. 6, [0297], [0302], [0307], [0312]; FIG. 7, [0292], [0317], [0322], [0327]; FIG. 8, [0335]; FIG. 9, [0341], [0346], [0351]).
Regarding claim 7, Kambara discloses a lithium solid-state battery comprising a positive electrode active material layer containing a positive electrode active material (see cathode active material, [0210]); a negative electrode active material layer containing a negative electrode active material (see anode active material, [0215]); and a solid electrolyte layer disposed between the positive electrode active material layer and the negative electrode active material layer , wherein at least one of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer (see battery, [0231]) comprises a solid electrolyte material comprising
Li, T, X and A (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350])
wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350]);
X is at least one element selected from the group consisting of F, Cl, Br, I and N (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350]); and
A is one or more of S or Se (TABLE 4, [0288], [0296], [0301], [0306], [0311], [0316], [0321], [0326]; TABLE 6, [0334], [0340], [0345], [0350]);
wherein the solid electrolyte material has peaks at 14.9° ± 0.50°, 20.4° ± 0.50°, and 25.4° ± 0.50° in X-ray diffraction measurement with Cu-Kα(1,2) = 1.5418 Å (FIG. 6, [0297], [0302], [0307], [0312]; FIG. 7, [0292], [0317], [0322], [0327]; FIG. 8, [0335]; FIG. 9, [0341], [0346], [0351]).
Regarding claim 8, Kambara discloses all the claim limitations as set forth above and further discloses a solid-state electrochemical cell:
wherein the positive electrode current collector comprises aluminum, nickel, titanium, stainless steel, or carbon (see current collector, [0243]).
Regarding claim 9, Kambara discloses all the claim limitations as set forth above and further discloses a solid-state electrochemical cell:
wherein the positive electrode layer comprises metal oxides, metal phosphates, metal sulfides, sulfur, lithium sulfide (see oxides, [0211]).
Regarding claim 10, Kambara discloses all the claim limitations as set forth above and further discloses a solid-state electrochemical cell:
wherein the positive electrode layer further comprises a carbon containing material selected from the group consisting of carbon black, graphite, carbon nanotubes, carbon fiber and graphene (see carbon materials, [0221]).
Regarding claim 11, Kambara discloses all the claim limitations as set forth above and further discloses a solid-state electrochemical cell:
wherein the positive electrode layer further comprises a binder comprising polyvinyl chloride, polyaniline, poly(methyl methacrylate), nitrile butadiene rubber, styrene-butadiene rubber, PVDF, or polystyrene (see binder, [0209]).
Regarding claim 12, Kambara discloses all the claim limitations as set forth above and further discloses a solid-state electrochemical cell:
wherein the negative electrode layer comprises lithium metal, lithium alloys, silicon (Si), tin (Sn), graphitic carbon, or hard carbon (see carbon materials, [0216]; see anode material, [0217]).
Regarding claim 13, Kambara discloses all the claim limitations as set forth above and further discloses a solid-state electrochemical cell:
wherein the negative electrode layer further comprises a carbon containing material selected from the group consisting of carbon black, graphite, carbon nanotubes, carbon fiber and graphene (see carbon materials, [0221]).
Regarding claim 14, Kambara discloses all the claim limitations as set forth above and further discloses a solid-state electrochemical cell:
wherein the negative electrode layer further comprises a binder comprising polyvinyl chloride, polyaniline, poly(methyl methacrylate), nitrile butadiene rubber, styrene-butadiene rubber, PVDF, or polystyrene (see binder, [0209]).
Claim Rejections - 35 USC § 103
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kambara (US 2014/0302382 A1) as applied to claim 2 above, and further in view of Ito et al. (US 2019/0348707 A1, hereinafter Ito).
Regarding claim 3, Kambara discloses all claim limitations set forth above, but does not explicitly disclose a solid electrolyte material:
wherein a = 0.130, b = 0, c = 0.478, d = 0.043, A = S, and X = Br and I in a 1:4 ratio by mol.
Ito discloses a solid electrolyte material having a formula of Li1-a-b-c-dPaTbAcXd wherein a = 0.130, b = 0, c = 0.478, d = 0.043, A = S, and X = Br and I in a 1:4 ratio by mol (see sulfide-based solid electrolyte, [0037]) to lower the activation energy and improve the ion conductivity of the solid electrolyte material (see sulfide-based solid electrolyte, [0008]). Kambara and Ito are analogous art because they are directed to sulfide-based solid electrolytes. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modified the solid electrolyte material of Kambara to have the formula of Ito in order lower the activation energy and improve the ion conductivity of the solid electrolyte material.
Although Ito does not explicitly disclose a range of 1:4 ratio by mol, Ito does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to select the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Double Patenting
The terminal disclaimer filed on 12 May 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,923,503 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 12 May 2026 have been fully considered but they are not persuasive.
Applicants Kambara does not teach a solid electrolyte material having peaks at all three locations (P8/¶5). Kambara discloses Examples 13–19, and references FIGS. 7–9 as illustrating the XRD of the examples, and describes peaks present within the XRD in TABLES 4-6 and paragraphs [0313]–[0351]. As illustrated below, Kambara discloses a solid electrolyte material having peaks at all three locations.
PNG
media_image1.png
867
900
media_image1.png
Greyscale
Although the peaks at the claimed locations are not the major peaks of the spectra nor the only peaks present, the present claims place no limitations of the intensity of the peak. The present claims use the transitional phrase "has." Transitional phrases such as "having" must be interpreted in light of the specification to determine whether open or closed claim language is intended. See, e.g., Lampi Corp. v. American Power Products Inc., 228 F.3d 1365, 1376, 56 USPQ2d 1445, 1453 (Fed. Cir. 2000). Claim 5 adds further peaks present in the spectra and uses the transitional phrase "comprise." The transitional term "comprising", which is synonymous with "including," "containing," or "characterized by," is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See, e.g., Mars Inc. v. H.J. Heinz Co., 377 F.3d 1369, 1376, 71 USPQ2d 1837, 1843 (Fed. Cir. 2004). The transitional phrase "has" is inclusive in light of the specification. FIG. 3 of the instant application also illustrates multiple peaks. Therefore, Kambara discloses a solid electrolyte material having peaks at all three locations.
Applicants argue Ito does not teach a solid electrolyte material having peaks at 14.9° ± 0.50°, 20.4° ± 0.50°, and 25.4° ± 0.50° in X-ray diffraction measurement with Cu-Kα(1,2) = 1.5418Å (P9/¶4). Note that while Ito does not disclose all the features of the present claimed invention, Ito is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely mol ratio of the elements present in the solid electrolyte material, and in combination with the primary reference, discloses the presently claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Uesugi (US 2019/0312304 A1) discloses a solid electrolyte material comprising Li, T, X and A (TABLE 1, [0097]) wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (TABLE 1, [0097]); X is at least one element selected from the group consisting of F, Cl, Br, I and N (TABLE 1, [0097]); and A is one or more of S or Se (TABLE 1, [0097]); wherein the solid electrolyte material has peaks at 14.9° ± 0.50°, 20.4° ± 0.50°, and 25.4° ± 0.50° in X-ray diffraction measurement with Cu-Kα(1,2) = 1.5418 Å (FIG. 1, [0097]).
Du (US 2017/0149086 A1) discloses a solid electrolyte material comprising Li, T, X and A (TABLE 1, [0164]) wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (TABLE 1, [0164]); X is at least one element selected from the group consisting of F, Cl, Br, I and N (TABLE 1, [0164]); and A is one or more of S or Se (TABLE 1, [0164]); wherein the solid electrolyte material has peaks at 14.9° ± 0.50°, 20.4° ± 0.50°, and 25.4° ± 0.50° in X-ray diffraction measurement with Cu-Kα(1,2) = 1.5418 Å (FIG. 7, [0164]).
THIS ACTION IS MADE FINAL. 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
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