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
The Applicant’s amendment and arguments, filed 07/21/2026, has been entered. Claims 1-2 are amended; claims 3-12 stand as originally or previously presented; and claim 13 is new. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 04/21/2026 has been maintained (and altered as required by amendment), as set forth below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshima et al. (US 20190089009 A1, hereinafter Yoshima), in view of Zhang et al. (CN 114132966 A, hereinafter Zhang).
Regarding Claims 1-6, Yoshima discloses the limitations regarding an electrode (Yoshima, negative and positive electrode comprising an active material and solid electrolyte particles, [0035, 0084]) comprising an active material (Yoshima, negative electrode active material-containing layer includes negative electrode active material particles, Abstract) and
titanium-containing solid electrolyte particles (Yoshima, negative electrode active material-containing layer includes solid electrolyte particles having lithium ion conductivity, Abstract, [0223]), wherein
the active material comprises a transition metal oxide (Yoshima, titanium-containing metal oxide particles may be a lithium-titanium oxide having a spinel structure with the formula Li4Ti5O12, [0072], [0223]),
a form of the active material is at least one selected from the group consisting of primary particles, secondary particles, a granular form and a massive form (Yoshima, the negative electrode active material particles may be individual primary particles, secondary particles, in which the primary particles are aggregated, or a mixture of individual primary particles and secondary particles, [0073]).
Yoshima does not explicitly disclose at least a part of surfaces of the titanium-contain solid electrolyte particles is amorphous (Claim 1), and
in an X-ray absorption fine structure spectrum of Ti-K absorption edge for the electrode in a discharged state, a first X-ray absorption amount I at a first incident X-ray energy in a range of 4930 eV or more and 5000 eV or less satisfies 0.2≤I≤0.6, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, wherein, in an X-ray absorption fine structure spectrum of Ti-K absorption edge for anatase titanium dioxide, a second X-ray absorption amount at a second incident X-ray energy in a range of 4930 eV or more and 5000 eV or less is equal to the first X-ray absorption amount I, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, and wherein the first incident X-ray energy is higher than the second incident X-ray energy (Claim 1) and a difference between the first incident X-ray energy and the second incident X-ray energy is 1 eV or more and 4 eV or less (Claim 3),
Applicant discloses:
the titanium-containing solid electrolyte comprises a titanium-containing lithium phosphate composite oxide (Claim 2);
the transition metal oxide comprises at least one selected from the group consisting of lithium titanate having a ramsdellite structure, lithium titanate having a spinel structure, niobium pentoxide, hollandite titanium composite oxide, orthorhombic titanium composite oxide, and monoclinic niobium titanium oxide (Claim 4), or
the transition metal oxide comprises at least one selected from the group consisting of manganese dioxide, iron oxides, copper oxides, nickel oxides, lithium manganese composite oxides, lithium nickel composite oxides, lithium cobalt composite oxides, lithium nickel cobalt composite oxides, lithium manganese cobalt composite oxides, lithium manganese nickel composite oxides having a spinel structure, lithium phosphates having an olivine structure, iron sulfate, vanadium oxides, and lithium nickel cobalt manganese composite oxides (Claim 5), and
the titanium-containing solid electrolyte is treated with an aqueous hydrofluoric acid solution and stirred for 1 to 80 hours (Instant Specification [0238], Tables 1-2);
the surfaces of the titanium-containing solid electrolyte particles can be amorphized by the acid treatment. If the concentration of the aqueous hydrofluoric acid solution is 1 mass% or more, amorphization of the surfaces can be efficiently advanced (Instant Specification [0049]).
Accordingly, it is reasonably interpreted that the materials and methods of the electrode are critical to the recited X-ray structure such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Yoshima is silent regarding the titanium-containing solid electrolyte is treated with an aqueous hydrofluoric acid solution.
Zhang discloses a titanium-containing solid electrolyte (Zhang, solid electrolyte is lithium titanium aluminum phosphate (LATP), [0034]) is treated with an aqueous hydrofluoric acid solution (Zhang, 50g LATP (lithium aluminum titanium phosphate solid electrolyte), 7.5g PVP (polyvinylpyrrolidone), 0.5g HF and 58g deionized water, add them to a sand mill, put in 580g 0.3mm zirconia balls, set the sand mill speed to 2000r/min, and grind for 60 minutes to obtain nano solid electrolyte slurry, and the hydrofluoric acid is a metal leaching agent is added at 0.5% to 2% of the mass of the solid electrolyte, [0012, 0034]).
Zhang further discloses that the solid electrolyte slurry is mixed with a lithium manganese oxide electrode material and dried (Zhang, [0009-0013]).
Zhang teaches that by adding a nano-sized solid electrolyte with a high specific surface area, a rapid lithium-ion migration channel is formed. At the same time, the high specific surface area can adsorb the electrolyte, enhance the desolvation of lithium ions, and further improve the migration rate of lithium ions (Zhang, [n0020]).
Yoshima and Zhang are analogous to the current invention as they are all directed towards an electrode comprising an active material and a solid electrolyte.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the solid electrolyte particles of Yoshima with the nano-sized solid electrolyte particles of Zhang, in order to enhance the desolvation of lithium ions, and further improve the migration rate of lithium ions.
MPEP 2112.01 teaches that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
With respect to the limitations:
at least a part of surfaces of the titanium-contain solid electrolyte particles is amorphous (Claim 1);
in an X-ray absorption fine structure spectrum of Ti-K absorption edge for the electrode in a discharged state, a first X-ray absorption amount I at a first incident X-ray energy in a range of 4930 eV or more and 5000 eV or less satisfies 0.2≤I≤0.6, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, wherein, in an X-ray absorption fine structure spectrum of Ti-K absorption edge for anatase titanium dioxide, a second X-ray absorption amount at a second incident X-ray energy in a range of 4930 eV or more and 5000 eV or less is equal to the first X-ray absorption amount I, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, and wherein the first incident X-ray energy is higher than the second incident X-ray energy (Claim 1);
a difference between the first incident X-ray energy and the second incident X-ray energy is 1 eV or more and 4 eV or less (Claim 3),
it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited electrode.
Applicant discloses:
the titanium-containing solid electrolyte particles comprise a titanium-containing lithium phosphate composite oxide (Claim 2);
the transition metal oxide comprises at least one selected from the group consisting of lithium titanate having a ramsdellite structure, lithium titanate having a spinel structure, niobium pentoxide, hollandite titanium composite oxide, orthorhombic titanium composite oxide, and monoclinic niobium titanium oxide (Claim 4), or
the transition metal oxide comprises at least one selected from the group consisting of manganese dioxide, iron oxides, copper oxides, nickel oxides, lithium manganese composite oxides, lithium nickel composite oxides, lithium cobalt composite oxides, lithium nickel cobalt composite oxides, lithium manganese cobalt composite oxides, lithium manganese nickel composite oxides having a spinel structure, lithium phosphates having an olivine structure, iron sulfate, vanadium oxides, and lithium nickel cobalt manganese composite oxides (Claim 5), and
the titanium-containing solid electrolyte is treated with an aqueous hydrofluoric acid solution (Instant Specification [0238], Tables 1-2).
Accordingly, it is reasonably interpreted that the materials and methods of the electrode are critical to the recited X-ray structure such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Modified Yoshima discloses an electrode (Yoshima, negative and positive electrode comprising solid electrolyte particles, [0035, 0084]) comprising:
the titanium-containing solid electrolyte particles comprise a titanium-containing lithium phosphate composite oxide (Claim 2) (Yoshima, the solid electrolyte particles may be Li1+xAlxTi2-x(PO4)3, wherein x is within a range of 0 to 0.5, and more specifically LATP (Li1.5Al0.5Ti1.5(PO4)3), [0108, 0223]);
the transition metal oxide comprises at least one selected from the group consisting of lithium titanate having a ramsdellite structure, lithium titanate having a spinel structure, niobium pentoxide, and orthorhombic titanium composite oxide (Claim 4) (Yoshima, the negative electrode active material include at least one of titanium-containing oxides, such as lithium-titanium oxide having a ramsdellite structure, lithium-titanium oxide having a spine! structure, niobium titanium oxide, orthorhombic titanium oxide, [0067-0072]), or
the transition metal oxide comprises at least one selected from the group consisting of manganese dioxide, iron oxides, nickel oxides, lithium manganese composite oxides, lithium nickel composite oxides, lithium cobalt composite oxides, lithium nickel cobalt composite oxides, lithium manganese cobalt composite oxides, lithium manganese nickel composite oxides having a spinel structure, lithium phosphates having an olivine structure, iron sulfate, and lithium nickel cobalt manganese composite oxides (Claim 5) (Yoshima, the positive electrode active material may be lithium-manganese composite oxides, lithium-iron oxide, lithium-nickel-aluminum composite oxides, lithium-nickel-cobalt composite oxides, spine! lithium-manganese-nickel composite oxides, lithium-phosphorus oxides having an olivine structure, iron fluorinated sulfate, or lithium-nickel-cobalt manganese composite oxides, [0091-0094]).
the titanium-containing solid electrolyte is treated with an aqueous hydrofluoric acid solution (Instant Specification 0238, Tables 1-2) (Zhang, 50g LATP (lithium aluminum titanium phosphate solid electrolyte), 7.5g PVP (polyvinylpyrrolidone), 0.5g HF and 58g deionized water, add them to a sand mill, put in 580g 0.3mm zirconia balls, set the sand mill speed to 2000r/min, and grind for 60 minutes to obtain nano solid electrolyte slurry, [0034]).
the surfaces of the titanium-containing solid electrolyte particles can be amorphized by the acid treatment. If the concentration of the aqueous hydrofluoric acid solution is 1 mass% or more, amorphization of the surfaces can be efficiently advanced (Instant Specification [0049]) (Zhang, the hydrofluoric acid is a metal leaching agent is added at 0.5% to 2% of the mass of the solid electrolyte, [0012])
It is submitted that the electrode of modified Yoshima is substantially similar to the instant electrode such that the electrode of modified Yoshima would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the electrode of modified Yoshima would inherently possess physical properties, e.g. X-ray structure, such that the electrode of modified Yoshima would necessarily fulfill the recited limitations, i.e.
at least a part of surfaces of the titanium-contain solid electrolyte particles is amorphous (Claim 1);
in an X-ray absorption fine structure spectrum of Ti-K absorption edge for the electrode in a discharged state, a first X-ray absorption amount I at a first incident X-ray energy in a range of 4930 eV or more and 5000 eV or less satisfies 0.2≤I≤0.6, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, wherein, in an X-ray absorption fine structure spectrum of Ti-K absorption edge for anatase titanium dioxide, a second X-ray absorption amount at a second incident X-ray energy in a range of 4930 eV or more and 5000 eV or less is equal to the first X-ray absorption amount I, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, and wherein the first incident X-ray energy is higher than the second incident X-ray energy (Claim 1);
a difference between the first incident X-ray energy and the second incident X-ray energy is 1 eV or more and 4 eV or less (Claim 3),
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the claimed electrode. The skilled artisan would reasonably find that the disclosed electrode of modified Yoshima is so similar to the instant electrode, that the prior art electrode would also exhibit:
at least a part of surfaces of the titanium-contain solid electrolyte particles is amorphous (Claim 1);
an X-ray absorption fine structure spectrum of Ti-K absorption edge for the electrode in a discharged state, a first X-ray absorption amount I at a first incident X-ray energy in a range of 4930 eV or more and 5000 eV or less satisfies 0.2≤I≤0.6, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, wherein, in an X-ray absorption fine structure spectrum of Ti-K absorption edge for anatase titanium dioxide, a second X-ray absorption amount at a second incident X-ray energy in a range of 4930 eV or more and 5000 eV or less is equal to the first X-ray absorption amount I, where an X-ray absorption amount at an incident X-ray energy of 5500 eV is 1, and wherein the first incident X-ray energy is higher than the second incident X-ray energy (Claim 1);
a difference between the first incident X-ray energy and the second incident X-ray energy is 1 eV or more and 4 eV or less (Claim 3).
Regarding Claim 6, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a secondary battery (Yoshima, secondary battery, [0017]) comprising:
a positive electrode (Yoshima, a positive electrode, [0017]);
a negative electrode (Yoshima, a negative electrode, [0017]); and
an electrolyte (Yoshima, an aqueous electrolyte, [0017]), wherein
at least one selected from the group consisting of the positive electrode and the negative electrode is the electrode (Yoshima, negative and positive electrode comprising an active material and solid electrolyte particles, [0035, 0084]).
Regarding Claim 7, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a secondary battery (Yoshima, secondary battery, [0017]), wherein the electrolyte contains a fluorine atom (Yoshima, the aqueous electrolyte comprises a lithium salt, wherein the lithium salt includes LiN(SO2CF3)2, [0125]).
Regarding Claim 8, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a battery pack comprising the secondary battery (Yoshima, battery pack includes the secondary battery, [0164]).
Regarding Claim 9, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a battery pack (Yoshima, battery pack, [0164]) further comprising: an external power distribution terminal (Yoshima, battery pack may further comprise an external power distribution terminal, [0166]); and a protective circuit (Yoshima, battery pack incudes a protective circuit, [0165]).
Regarding Claim 10, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a battery pack further comprising a plurality of the secondary battery (Yoshima, the battery pack includes a plurality of secondary batteries, [0164]), the plurality of the secondary battery being electrically connected in series, in parallel, or in a combination of in series and in parallel (Yoshima, the plurality of battery cells are in series, parallel, or connected in a combination of in-series connection and in-parallel connections, [0171]).
Regarding Claim 11, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a vehicle comprising the battery pack (Yoshima, the battery pack serves as a power source for vehicles, [0165]).
Regarding Claim 12, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a vehicle comprising a mechanism that converts kinetic energy of the vehicle into regenerative energy (Yoshima, the battery pack is configured, for example, to recover regenerative energy from motive force of the vehicle. The vehicle may include a mechanism configured to convert kinetic energy of the vehicle into regenerative energy, [0189]).
Regarding Claim 13, modified Yoshima discloses all of the claim limitations as set forth above. Modified Yoshima discloses the limitations regarding a secondary battery (Yoshima, secondary battery, [0017]), wherein the negative electrode is the electrode (Yoshima, negative electrode active material-containing layer includes negative electrode active material particles and solid electrolyte particles having lithium ion conductivity, Abstract).
Response to Arguments
Applicant's arguments (filed 01/31/2026) with respect to Claim(s) 1 have been fully considered but they are not persuasive.
Applicant argues that paragraph n0009 of Zhang discloses that the solid electrolyte and the lithium manganese oxide particles are integrated with each other through high-temperature sintering, allowing to obtain the surface-modified lithium manganese oxide cathode material. Therefore, in the manufacturing method described in Zhang, the solid electrolyte and the lithium manganese oxide particles cannot remain as independent particles.
The Examiner respectfully disagrees and submits that Claim 1 does not require the solid electrolyte and the lithium manganese oxide to remain as independent particles. Claim 1 discloses that “a form of the active material is at least one selected from the group consisting of primary particles, secondary particles, a granular form and a massive form.”
Further, Yoshima discloses a negative electrode active material-containing layer including negative electrode active material particles and solid electrolyte particles (Yoshima, Abstract). Zhang discloses active material particles (Zhang, [n0009]) and solid electrolyte particles (Zhang, [n0023]).
Applicant argues that omitting the high-temperature sintering step from the metal leaching sintering process is not something a person skilled in the art would ordinarily perform.
The Examiner respectfully disagrees that Yoshima does not disclose sintering and would not be motivated to. Zhang discloses that high temperature treatment at 350 - 600 °C carbonizes the dispersant and thereby improves the electronic conductivity of the active material (Zhang, [0013, n0021]). However, the active material layer of Yoshima has graphite powder as a conductive agent and uses PVdF as a binder (Yoshima, [0223]), and the method does not include sintering. The Examiner notes that Yoshima already has a conductive agent to improve electronic conductivity, so the skilled artisan would not be motivated to carbonize the dispersant. Further, it is evidenced by Kim et al. (US 20070020525 A1) that PVDF has a melting point of 170 °C, so the PVDF binder cannot serve as a binder at temperatures greater than 170 °C (Kim et al., [0076]).
Zhang is taught in for only its nano-sized solid electrolyte comprising of 50g LATP (lithium aluminum titanium phosphate solid electrolyte), 7.5g PVP (polyvinylpyrrolidone), 0.5g HF and 58g deionized water (Zhang, [0034]). The nano-sized solid electrolyte has the advantage of forming rapid lithium-ion migration channels by adding nano-sized solid electrolyte with a high specific surface area, which adsorbs the electrolyte and enhances the desolvation of lithium ions, and further improves the migration rate of lithium ions (Zhang, [n0020]).
Applicant argues that a person skilled in the art reading Zhang would understand that performing only metal leaching without high-temperature sintering would have no effect.
The Examiner respectfully disagrees and submits that Zhang is taught in for only its nano-sized solid electrolyte, which has the advantage of forming rapid lithium-ion migration channels by adding nano-sized solid electrolyte with a high specific surface area, which adsorbs the electrolyte and enhances the desolvation of lithium ions, and further improves the migration rate of lithium ions, as noted above.
Further, it is evidenced by the Instant Specification that the titanium-containing solid electrolyte can trap hydrofluoric acid to suppress contact of hydrofluoric acid generated by a side reaction with the active material, so deterioration in active material can be suppressed (Instant Specification [0027]). Thus, the effects of trapping hydrofluoric acid would be inherent to the active material layer comprising the negative electrode active material particles of Yoshima and the solid electrolyte particles of Zhang.
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.
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/K.N./Examiner, Art Unit 1752
/OSEI K AMPONSAH/Primary Examiner, Art Unit 1752
