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 1–10 and 21–30 are pending.
Claims 11–20 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 2024/0128502 A1.
Drawings
The drawings were received on 01 July 2026. These drawings are acceptable.
Applicants' amendments have overcome the objections to the drawings.
Specification
Applicants' amendments have overcome the objections to the specification
Claim Rejections - 35 USC § 112
Claims 2–10, 24, and 26–30 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, in the preamble "[t]he solid electrolyte." Claim 1, which claim 2 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 2 recites the limitation "the solid electrolyte" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 3 recites, in the preamble "[t]he solid electrolyte." Claim 1, which claim 3 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 4 recites, in the preamble "[t]he solid electrolyte." Claim 1, which claim 4 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 4 recites the limitation "the solid electrolyte" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 5 recites, in the preamble "[t]he solid electrolyte." Claim 1, which claim 5 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 5 recites the limitation "the solid electrolyte" in lines 1 and 3. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 6 recites, in the preamble "[t]he solid electrolyte." Claim 1, which claim 6 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 6 recites the limitation "the solid electrolyte" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 7 recites, in the preamble "[t]he solid electrolyte." Claim 1, which claim 7 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 7 recites the limitation "the solid electrolyte" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 8 recites, in the preamble "[t]he solid electrolyte." Claim 1, which claim 8 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 8 recites the limitation "the solid electrolyte" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 9 recites, in the preamble "[t]he solid electrolyte." Claim 1, which claim 9 is directly dependent, recites, in the preamble "[a] single solid electrolyte." There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 9 recites the limitation "the solid electrolyte" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 1.
Claim 10 recites the limitation "the solid electrolyte of claim 1." Claim 1 recites, in the preamble "[a] single solid electrolyte." It is unclear what element of claim 1 is incorporated into claim 10. The Office recommends the limitation "the single solid electrolyte of claim 1."
Claim 26 recites the limitation "the solid electrolyte" in line 14. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in the preamble.
Claim 27 recites, in the preamble "[t]he solid electrolyte." Claim 26, which claim 27 is directly dependent, recites, in the preamble "[a] single solid electrolyte." It is unclear what element of claim 26 is incorporated into claim 27. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 26.
Claim 28 recites, in the preamble "[t]he solid electrolyte." Claim 26, which claim 28 is directly dependent, recites, in the preamble "[a] single solid electrolyte." It is unclear what element of claim 26 is incorporated into claim 28. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 26.
Claim 29 recites, in the preamble "[t]he solid electrolyte." Claim 26, which claim 29 is directly dependent, recites, in the preamble "[a] single solid electrolyte." It is unclear what element of claim 26 is incorporated into claim 29. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 26.
Claim 30 recites, in the preamble "[t]he solid electrolyte." Claim 26, which claim 30 is directly dependent, recites, in the preamble "[a] single solid electrolyte." It is unclear what element of claim 26 is incorporated into claim 30. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 26.
Claim 30 recites the limitation "the solid electrolyte" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Office recommends, in the preamble "[t]he single solid electrolyte," which finds antecedent basis in claim 26.
Claim Rejections - 35 USC § 103
Claims 1–3, 5–8, 10, and 21–29 are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al. (CN 112909322 A, hereinafter Yao) in view of Du et al. (US 2023/0261254 A1, hereinafter Du).
Regarding claims 1 and 3, Yao discloses a single solid electrolyte (see sulfide composite electrolyte layer I, [0099]) comprising:
a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a (see Li7PS5X, [0041]),
wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li7PS5X, [0041]); and
a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c (see Li6+xMxSb1-xS5I, [0041]),
wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof (see Li6+xMxSb1-xS5I, [0041]), and
X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li6+xMxSb1-xS5I, [0041]),
wherein the first compound and the second compound are complexed with each other within the single solid electrolyte (see sulfide composite electrolyte layer I, [0099]).
Yao does not explicitly disclose:
wherein 0 < a ≤ 2 and 0 < b < 1, and
wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1,
wherein, in the second chemical formula, 0 < d ≤ 0.1.
Du discloses a solid electrolyte comprising a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a ([0125], [0169]), wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0125], [0169]); and wherein 0 < a ≤ 2 and 0 < b < 1 ([0125], [0169]), and a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c ([0129], [0133], [0173], [0177]), wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof ([0129], [0133], [0173], [0177]), and X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0129], [0133], [0173], [0177]), wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1 ([0129], [0133], [0173], [0177]), wherein, in the second chemical formula, 0 < d ≤ 0.1 ([0129], [0133], [0173], [0177]) to improve the compatibility and stability of the solid electrolyte (see solid-state electrolyte, [0226]). Yao and Du are analogous because they are directed to 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 make the single solid electrolyte of Yao with the first and second compounds of Du in order to improve the compatibility and stability of the solid electrolyte.
Regarding claim 2, modified Yao discloses all the claim limitations as set forth above, but does not explicitly disclose a solid electrolyte:
wherein the solid electrolyte further comprises a third compound represented by a third chemical formula LifM2gSh (see Li4SiS4, Li4SnS4; [0041]),
wherein M2 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof (see Li4SiS4, Li4SnS4; [0041]), and
0 < f ≤ 10, 0 < g ≤ 5, and 0 < h ≤ 10 (see Li4SiS4, Li4SnS4; [0041]),
wherein the third compound is complexed with the first compound and the second compound within the single solid electrolyte (see mixed, [0051]).
Regarding claims 5–8, modified Yao discloses all the claim limitations as set forth above, but does not explicitly disclose a solid electrolyte:
wherein the solid electrolyte has properties such that as d in the second chemical formula increases, 2θ value of a peak of a (220) plane in an X-ray diffraction pattern of the solid electrolyte shifts to lower angles by greater than 0° and 0.1° or less,
wherein the peak of the (220) plane is due to a cubic argyrodite crystal structure;
wherein the solid electrolyte has a ratio (I(38.5)/I(30.0)) of peak intensity at 2θ = 38.5 ± 0.5° to peak intensity at 2θ = 30 ± 0.5° in an X-ray diffraction pattern of 0.01 or less;
wherein the solid electrolyte has a ratio (I(25)/I(17)) of peak intensity at 2θ = 25 ± 0.5° to peak intensity at 2θ = 17 ± 0.5° in an X-ray diffraction pattern of in a range of 1 to 10;
wherein, when the solid electrolyte is analyzed by X-ray photoelectron spectroscopy, a first region and a second region with different contents of M1 appear,
in which the content of M1 in the first region is 0.9 at % to 1.2 at % and
the content of M1 in the second region is 0.2 at % to 0.5 at %.
However, Du discloses substantially identical first compound ([0125], [0169]) and an identical second compound ([0129], [0133], [0173], [0177]). "Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the solid electrolyte inherently possesses properties such that as d in the second chemical formula increases, 2θ value of a peak of a (220) plane in an X-ray diffraction pattern of the solid electrolyte shifts to lower angles by greater than 0° and 0.1° or less, wherein the peak of the (220) plane is due to a cubic argyrodite-type crystal structure, wherein the peak of the (220) plane is due to a cubic argyrodite crystal structure; wherein the solid electrolyte has a ratio (I(38.5)/I(30.0)) of peak intensity at 2θ = 38.5 ± 0.5° to peak intensity at 2θ = 30 ± 0.5° in an X-ray diffraction pattern of 0.01 or less; wherein the solid electrolyte has a ratio (I(25)/I(17)) of peak intensity at 2θ = 25 ± 0.5° to peak intensity at 2θ = 17 ± 0.5° in an X-ray diffraction pattern of in a range of 1 to 10; wherein, when the solid electrolyte is analyzed by X-ray photoelectron spectroscopy, a first region and a second region with different contents of M1 appear, in which the content of M1 in the first region is 0.9 at % to 1.2 at % and the content of M1 in the second region is 0.2 at % to 0.5 at %.
Regarding claim 10, Yao discloses an all-solid-state battery comprising a cathode layer; an anode layer; and a solid electrolyte layer interposed between the cathode layer and the anode layer; and wherein the cathode layer, the anode layer, or the solid electrolyte layer comprises a solid electrolyte (see lithium secondary battery, [0112]), wherein the solid electrolyte (see sulfide composite electrolyte layer I, [0099]) comprises:
a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a (see Li7PS5X, [0041]),
wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li7PS5X, [0041]); and
a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c (see Li6+xMxSb1-xS5I, [0041]),
wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof (see Li6+xMxSb1-xS5I, [0041]), and
X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li6+xMxSb1-xS5I, [0041]),
wherein the first compound and the second compound are complexed with each other within the single solid electrolyte (see sulfide composite electrolyte layer I, [0099]).
Yao does not explicitly disclose:
wherein 0 < a ≤ 2 and 0 < b < 1, and
wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1,
Du discloses a solid electrolyte comprising a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a ([0125], [0169]), wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0125], [0169]); and wherein 0 < a ≤ 2 and 0 < b < 1 ([0125], [0169]), and a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c ([0129], [0133], [0173], [0177]), wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof ([0129], [0133], [0173], [0177]), and X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0129], [0133], [0173], [0177]), wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1 ([0129], [0133], [0173], [0177]) to improve the compatibility and stability of the solid electrolyte (see solid-state electrolyte, [0226]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the single solid electrolyte of Yao with the first and second compounds of Du in order to improve the compatibility and stability of the solid electrolyte.
Regarding claim 21, Yao discloses an all-solid-state battery comprising a cathode layer; an anode layer comprising lithium metal or a lithium metal alloy; and a solid electrolyte layer interposed between the cathode layer and the anode layer; and wherein the cathode layer, the anode layer, or the solid electrolyte layer comprises a solid electrolyte (see lithium secondary battery, [0112]), wherein the solid electrolyte (see sulfide composite electrolyte layer I, [0099]) comprises:
a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a (see Li7PS5X, [0041]),
wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li7PS5X, [0041]); and
a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c (see Li6+xMxSb1-xS5I, [0041]),
wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof (see Li6+xMxSb1-xS5I, [0041]), and
X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li6+xMxSb1-xS5I, [0041]),
wherein the first compound and the second compound are complexed with each other within the single solid electrolyte (see sulfide composite electrolyte layer I, [0099]).
Yao does not explicitly disclose:
wherein 0 < a ≤ 2 and 0 < b < 1, and
wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1,
Du discloses a solid electrolyte comprising a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a ([0125], [0169]), wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0125], [0169]); and wherein 0 < a ≤ 2 and 0 < b < 1 ([0125], [0169]), and a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c ([0129], [0133], [0173], [0177]), wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof ([0129], [0133], [0173], [0177]), and X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0129], [0133], [0173], [0177]), wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1 ([0129], [0133], [0173], [0177]) to improve the compatibility and stability of the solid electrolyte (see solid-state electrolyte, [0226]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the single solid electrolyte of Yao with the first and second compounds of Du in order to improve the compatibility and stability of the solid electrolyte.
Regarding claim 22, modified Yao discloses all the claim limitations as set forth above and further discloses an all-solid-state battery:
wherein the cathode layer comprises LiNi0.8Co0.15Al0.05O2 as a cathode active material (see LiNi0.8Co0.15Al0.05O2, [0053]).
Regarding claim 23, modified Yao discloses all the claim limitations as set forth above and further discloses an all-solid-state battery:
wherein the anode layer further comprises a solid electrolyte (see three-layer sulfide composite solid electrolyte sheet, [0102]).
Regarding claim 24, modified Yao discloses all the claim limitations as set forth above, but does not explicitly disclose an all-solid-state battery:
wherein the solid electrolyte further comprises a third compound represented by a third chemical formula LifM2gSh (see Li4SiS4, Li4SnS4; [0041]),
wherein M2 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof (see Li4SiS4, Li4SnS4; [0041]), and
0 < f ≤ 10, 0 < g ≤ 5, and 0 < h ≤ 10 (see Li4SiS4, Li4SnS4; [0041]),
wherein the third compound is complexed with the first compound and the second compound within the single solid electrolyte (see mixed, [0051]).
Regarding claim 25, modified Yao discloses all the claim limitations as set forth above and further discloses an all-solid-state battery:
wherein the solid electrolyte layer further comprises at least one of an oxide-based solid electrolyte and a polymer electrolyte (see polymer framework, [0099]).
Regarding claims 26 and 29, Yao discloses a single solid electrolyte (see sulfide composite electrolyte layer I, [0099]) comprising:
a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a (see Li7PS5X, [0041]),
wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li7PS5X, [0041]); and
a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c (see Li6+xMxSb1-xS5I, [0041]),
wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof (see Li6+xMxSb1-xS5I, [0041]), and
X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I (see Li6+xMxSb1-xS5I, [0041]),
a third compound represented by a third chemical formula LifM2gSh (see Li4SiS4, Li4SnS4; [0041]),
wherein M2 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof (see Li4SiS4, Li4SnS4; [0041]), and
0 < f ≤ 10, 0 < g ≤ 5, and 0 < h ≤ 10 (see Li4SiS4, Li4SnS4; [0041]),
wherein the third compound is complexed with the first compound and the second compound within the single solid electrolyte (see mixed, [0051]).
wherein the solid electrolyte has a lithium ion conductivity of 2.0 mS/cm or more at 25°C (see room temperature conductivity, [0052]), and
wherein the first compound and the second compound are complexed with each other within the single solid electrolyte (see mixed, [0051]; see sulfide composite electrolyte layer I, [0099]).
Yao does not explicitly disclose:
wherein 0 < a ≤ 2 and 0 < b < 1, and
wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1,
wherein in the first chemical formula Xi is Cl and X2 is Br, and
in the second chemical formula X3 is Cl and X4 is Br.
Du discloses a solid electrolyte comprising a first compound represented by a first chemical formula Li7-aPS6-a(X11-b X2b)a ([0125], [0169]), wherein X1 and X2 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0125], [0169]); and wherein 0 < a ≤ 2 and 0 < b < 1 ([0125], [0169]), and a second compound represented by a second chemical formula Li7-cP1-2dM1dS6-c-3d(X31-e X4e)c ([0129], [0133], [0173], [0177]), wherein M1 comprises an element selected from the group consisting of Ge, Si, and Sn, and a combination thereof ([0129], [0133], [0173], [0177]), and X3 and X4 are the same or different and are each an element selected from the group consisting of F, Cl, Br, and I ([0129], [0133], [0173], [0177]), wherein 0 < c ≤ 2, 0 < d < 0.5, and 0 < e < 1 ([0129], [0133], [0173], [0177]), wherein in the first chemical formula Xi is Cl and X2 is Br ([0125], [0169]), and in the second chemical formula X3 is Cl and X4 is Br ([0129], [0133], [0173], [0177]) to improve the compatibility and stability of the solid electrolyte (see solid-state electrolyte, [0226]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the single solid electrolyte of Yao with the first and second compounds of Du in order to improve the compatibility and stability of the solid electrolyte.
Regarding claim 27, modified Yao discloses all the claim limitations as set forth above and further discloses a single solid electrolyte:
wherein M1 in the second chemical formula comprises Sn (see M = Si, Ge, Sn, [0041]).
Regarding claim 28, modified Yao discloses all the claim limitations as set forth above and further discloses single solid electrolyte:
wherein the third compound is selected from the group consisting of Li4GeS4, Li4SiS4, and Li4SnS4 (see Li4SiS4, Li4SnS4; [0041]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN 112909322 A) in view of Du (US 2023/0261254 A1) as applied to claim 1 above, and further in view of Choi et al. (EP 4068426 A1, hereinafter Choi).
Regarding claim 4, Li discloses all the claim limitations as set forth above, but does not explicitly disclose a solid electrolyte:
wherein an X-ray diffraction pattern of the solid electrolyte comprises a peak due to a cubic argyrodite crystal structure; and a peak due to an orthorhombic crystal structure.
Choi discloses a solid electrolyte (FIG. 1, [0036]) having an X-ray diffraction pattern including a peak due to a cubic argyrodite-type crystal structure (see sulfide solid electrolyte, [0038]); and a peak due to an orthorhombic crystal structure (see metal oxides, [0048]) to prevent side reactions of the solid electrolyte (see buffer layer, [0037]). Yao and Choi are analogous because they are directed to 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 make the single solid electrolyte of modified Yao with the argyrodite-type crystal structure and orthorhombic crystal structure of Choi in order to prevent side reactions of the solid electrolyte.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN 112909322 A) in view of Du (US 2023/0261254 A1) as applied to claim 1 above, and further in view of Lee et al. (US 2021/0094824 A1, hereinafter Lee).
Regarding claim 9, modified Yao discloses all the claim limitations as set forth above, but does not explicitly disclose a single solid electrolyte:
wherein the solid electrolyte has a lithium ion conductivity retention rate of 80% or more after 3 days under dry conditions in an air atmosphere having a dew point of -70° C. or less.
Lee discloses a solid electrolyte has a ion conductivity retention 80% or more after 3 days under dry conditions in an air atmosphere having a dew point of -70° C. or less (see ion conductivity retention, [0063]) to improve the stability of the solid electrolyte (TABLE 1, [0160]). Yao and Lee are analogous because they are directed to 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 make the single solid electrolyte of modified with the ion conductivity retention of Lee in order to improve the stability of the solid electrolyte.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN 112909322 A) in view of Du (US 2023/0261254 A1) as applied to claim 26 above, and further in view of Lee (US 2021/0094824 A1).
Regarding claim 30, modified Yao discloses all the claim limitations as set forth above, but does not explicitly disclose a single solid electrolyte:
wherein the solid electrolyte has a lithium ion conductivity retention rate of 80% or more after 3 days under dry conditions in an air atmosphere having a dew point of -50° C or less.
Lee discloses a solid electrolyte has a ion conductivity retention 80% or more after 3 days under dry conditions in an air atmosphere having a dew point of -50° C. or less (see ion conductivity retention, [0063]) to improve the stability of the solid electrolyte (TABLE 1, [0160]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the single solid electrolyte of modified Yao with the ion conductivity retention of Lee in order to improve the stability of the solid electrolyte.
Response to Arguments
Applicant' s arguments with respect to claims 1–10 and 21–30 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.
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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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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