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 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 statements (IDS) submitted on 07 November 2024, 11 April 2025, and 08 May 2025 were filed before the mailing of a first Office Action on the merits. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings were received on 13 February 2024. These drawings are acceptable.
Specification
The disclosure is objected to because of the following informalities:
Reference character 140 is referred to as a negative electrode active material in paragraph [0014]. Reference character 140 is used to designate a negative electrode active material layer. Reference character 140 should be referred to as a negative electrode active material layer in paragraph [0014].
Paragraph [0014] includes examples of binders "polyvinyl chloride (PVC) polyanilene, poly(methyl methacrylate) (“PMMA”), nitrile butadiene rubber (“NBR”), styrene-butadiene rubber (SBR), PVDF, or polystyrene." The list is missing a comma (,) between "polyvinyl chloride (PVC)" and "polyaniline." A comma should separate "polyvinyl chloride (PVC)" and "polyaniline" in the list of binders.
Paragraph [0014] describe "polyanilene" as an example of a binder. Polyanilene appears to be a misspelling of polyaniline. Paragraph [0014] should describe "polyaniline."
Appropriate correction is required.
Claim Objections
Claims 11 and 14 are objected to because of the following informalities:
Claim 11 recites the limitation "polyanilene." Polyanilene appears to be a misspelling of polyaniline. Claim 11 should recite the limitation "polyaniline."
Claim 14 recites the limitation "polyanilene." Polyanilene appears to be a misspelling of polyaniline. Claim 14 should recite the limitation "polyaniline."
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 2, 3, 5, and 9–14 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 2 recites the limitation "the material" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 provides antecedent basis for the limitation "solid electrolyte material" in claim 1.
Claim 3 is directly dependent from claim 2 and includes all the limitations of claim 2. Therefore, claim 3 is 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.
Claim 5 recites the limitation "the mixed phases" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 4, which claim 5 is not dependent, recites the limitation "mixed phases."
Claim 5 recites the limitation "wherein the mixed phases may comprise crystalline phases." The phrase "may comprise" renders the claim indefinite because it is unclear whether the limitation following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 9 recites the limitation "wherein the positive electrode layer comprises metal oxides, metal phosphates, metal sulfides, sulfur, lithium sulfide." It is unclear if the materials listed (i.e., metal oxides, metal phosphates, metal sulfides, sulfur, lithium sulfide) are all included in "the positive electrode layer" or the materials listed are list of alternative embodiments. The specification indicates that the materials are alternative embodiments, but the limitation does not include any phrase or term (e.g., at least one of, or, is chosen from, etc.) indicating the materials are alternative embodiments.
Claim 10 recites the limitation "a carbon containing material comprising carbon black, graphite, carbon nanotubes, carbon fiber and graphene." It is unclear if the materials listed (i.e., carbon black, graphite, carbon nanotubes, carbon fiber and graphene) are all include in the "carbon containing material" or the materials listed are list of alternative embodiments. The specification indicates that the materials are alternative embodiments, but the limitation does not include any phrase or term (e.g., at least one of, or, is chosen from, etc.) indicating the materials are alternative embodiments.
Claim 11 recites the limitation "wherein the positive electrode layer further comprises a binder comprising polyvinyl chloride (PVC) polyanilene, poly(methyl methacrylate) ("PMMA"), nitrile butadiene rubber ("NBR"), styrene-butadiene rubber ("SBR"), PVDF, or polystyrene." The polymers "polyvinyl chloride (PVC)" and "polyaniline" are not separated by a comma (,). It is unclear if the limitation "polyvinyl chloride (PVC) polyaniline" is a copolymer of "polyvinyl chloride (PVC)" and "polyaniline" or two separate polymers.
Claim 12 recites the limitation "wherein the negative electrode layer comprises lithium metal, lithium alloys, silicon (Si), tin (Sn), graphitic carbon, and hard carbon." It is unclear if the materials listed (i.e., lithium metal, lithium alloys, silicon (Si), tin (Sn), graphitic carbon, and hard carbon) are all include in "the negative electrode layer" or the materials listed are list of alternative embodiments. The specification indicates that the materials are alternative embodiments, but the limitation does not include any phrase or term (e.g., at least one of, or, is chosen from, etc.) indicating the materials are alternative embodiments.
Claim 13 recites the limitation "a carbon containing material comprising carbon black, graphite, carbon nanotubes, carbon fiber and graphene." It is unclear if the materials listed (i.e., carbon black, graphite, carbon nanotubes, carbon fiber and graphene) are all include in the "carbon containing material" or the materials listed are list of alternative embodiments. The specification indicates that the materials are alternative embodiments, but the limitation does not include any phrase or term (e.g., at least one of, or, is chosen from, etc.) indicating the materials are alternative embodiments.
Claim 14 recites the limitation "wherein the positive electrode layer further comprises a binder comprising polyvinyl chloride (PVC) polyanilene, poly(methyl methacrylate) ("PMMA"), nitrile butadiene rubber ("NBR"), styrene-butadiene rubber ("SBR"), PVDF, or polystyrene." The polymers "polyvinyl chloride (PVC)" and "polyaniline" are not separated by a comma (,). It is unclear if the limitation "polyvinyl chloride (PVC) polyaniline" is a copolymer of "polyvinyl chloride (PVC)" and "polyaniline" or two separate polymers.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 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 may 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 comprising 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, polyanilene, 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, and 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 comprising 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, polyanilene, poly(methyl methacrylate), nitrile butadiene rubber, styrene-butadiene rubber, PVDF, or polystyrene (see binder, [0209]).
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.
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.
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 nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1–7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–7 of U.S. Patent No. 11,923,503 B2, hereinafter the reference patent. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims are anticipated by the claims of the reference patent.
Regarding claim 1, the reference patent discloses a solid electrolyte material comprising:
Li, T, X and A (C7/L45)
wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (C7/L45–47);
X is at least one element selected from the group consisting of F, Cl, Br, I and N (C7/L47–48); and
A is one or more of S or Se (C7/L48–49);
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-Kɑ(1,2) = 1.5418 Å (C7/L50–55).
Regarding claim 2, the reference patent discloses all the claim limitations as set forth above and further discloses a solid electrolyte material:
the solid electrolyte material has a formula: Li1-a-b-c-dPaTbAcXd (C8/L1–3)
wherein 0 ≤ a ≤ 0.150, 0 ≤ b ≤ 0.176, 0.364 ≤ c ≤ 0.603, and 0.019 ≤ d ≤ 0.080 (C8/L3–4).
Regarding claim 3, the reference patent discloses all the claim limitations as set forth above and further discloses 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 (C8/L5–7).
Regarding claim 4, the reference patent discloses all the claim limitations as set forth above and further discloses a solid electrolyte material, further comprising:
at least one of amorphous phases, crystalline phases and mixed phases (C7/L56–57).
Regarding claim 5, the reference patent discloses all the claim limitations as set forth above and further discloses a solid electrolyte material:
wherein the mixed phases may comprise crystalline phases containing peaks at 20.2° ± 0.50° and 23.6° ± 0.50°, 21.0° ± 0.50° and 28.0° ± 0.50°, 17.5° ± 0.50° and 18.2° ± 0.50°, or peaks at 17.8° ± 0.50° and 21.8° ± 0.50° in X-ray diffraction measurement with Cu-Kɑ(1,2) = 1.5418 Å (C8/L8–15).
Regarding claim 6, the reference patent discloses all the claim limitations as 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 (C8/L16–18).
Regarding claim 7, the reference patent discloses a solid-state electrochemical cell comprising a positive electrode current collector; a positive electrode layer; a negative electrode layer; and a solid electrolyte layer disposed between the positive electrode layer and the negative electrode layer, wherein at least one of the positive electrode layer, the negative electrode layer (C8/L19–27), and the solid electrolyte layer comprises a solid electrolyte material comprising
Li, T, X and A (C8/L27–28)
wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (C8/L28–30);
X is at least one element selected from the group consisting of F, Cl, Br, I and N (C8/L30–31); and
A is one or more of S or Se (C8/L32);
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-Kɑ(1,2) = 1.5418 Å (C8/L32–37).
Claims 8–14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–7 of the reference patent (US. 11,923,503 B2) in view of Kambara (US 2014/0302382 A1).
Regarding claims 8–14, the reference patent discloses all the claim limitations as set forth above, but does not explicitly disclose a solid-state electrochemical cell:
wherein the positive electrode current collector comprises aluminum, nickel, titanium, stainless steel, or carbon;
wherein the positive electrode layer comprises metal oxides, metal phosphates, metal sulfides, sulfur, lithium sulfide;
wherein the positive electrode layer further comprises a carbon containing material comprising carbon black, graphite, carbon nanotubes, carbon fiber and graphene;
wherein the positive electrode layer further comprises a binder comprising polyvinyl chloride, polyanilene, poly(methyl methacrylate), nitrile butadiene rubber, styrene-butadiene rubber, PVDF, or polystyrene;
wherein the negative electrode layer comprises lithium metal, lithium alloys, silicon (Si), tin (Sn), graphitic carbon, and hard carbon;
wherein the negative electrode layer further comprises a carbon containing material comprising carbon black, graphite, carbon nanotubes, carbon fiber and graphene; and
wherein the negative electrode layer further comprises a binder comprising polyvinyl chloride, polyanilene, poly(methyl methacrylate), nitrile butadiene rubber, styrene-butadiene rubber, PVDF, or polystyrene.
Kambara discloses a solid-state electrochemical cell comprising a positive electrode current collector that comprises aluminum, nickel, titanium, stainless steel, or carbon (see current collector, [0243]); a positive electrode layer that comprises metal oxides, metal phosphates, metal sulfides, sulfur, lithium sulfide (see oxides, [0211]); wherein the positive electrode layer further comprises a carbon containing material comprising carbon black, graphite, carbon nanotubes, carbon fiber and graphene (see carbon materials, [0221]) and polyvinyl chloride, polyanilene, poly(methyl methacrylate), nitrile butadiene rubber, styrene-butadiene rubber, PVDF, or polystyrene (see binder, [0209]); a negative electrode layer that comprises lithium metal, lithium alloys, silicon (Si), tin (Sn), graphitic carbon, and hard carbon (see carbon materials, [0216]; see anode material, [0217]); wherein the negative electrode layer further comprises a carbon containing material comprising carbon black, graphite, carbon nanotubes, carbon fiber and graphene (see carbon materials, [0221]) and a binder comprising polyvinyl chloride, polyanilene, poly(methyl methacrylate), nitrile butadiene rubber, styrene-butadiene rubber, PVDF, or polystyrene (see binder, [0209]).
With respect to claims 8–14, while the claims of the reference patent does disclose said solid-state electrochemical cell, it does not explicitly disclose said positive electrode layer and negative electrode layer. As the reference patent is not limited to any specific examples of positive electrode layer and negative electrode layer, solid-state electrochemical cells comprising the claimed positive electrode layer and negative electrode layer were well known in the art at the time the invention was made, as evidenced by Kambara. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use any positive electrode layer and negative electrode layer, including the claimed positive electrode layer and negative electrode layer in the solid-state electrochemical cell of the reference patent. Said combination would amount to use of a known element for its intended use in a known environment to accomplish entirely expected result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schneider (US 2018/0351148 A1) discloses a solid electrolyte material comprising Li, T, X and A (TABLES 2–7, [0207]–[0216]) wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (TABLES 2–7, [0207]–[0216]); X is at least one element selected from the group consisting of F, Cl, Br, I and N (TABLES 2–7, [0207]–[0216]); and A is one or more of S or Se (TABLES 2–7, [0207]–[0216]); 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 (FIGS. 7A–7D and 10A–10C, [0207]–[0216]).
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]).
Fukushima (WO 2020/045633 A1; see English language equivalent, US 2021/0218056 A1) discloses a solid electrolyte material comprising Li, T, X and A (TABLE 2, [0148]) wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, Sb, W, and B (TABLE 2, [0148]); X is at least one element selected from the group consisting of F, Cl, Br, I and N (TABLE 2, [0148]); and A is one or more of S or Se (TABLE 2, [0148]); 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. 8, [0154]), wherein the peak at 20.4° ± has the highest intensity in the X-ray diffraction measurement (FIG. 8, [0154]).
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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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725