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 .
Information Disclosure Statement
As of the mailing date of this office action, there has been no information disclosure statement entered into the file. The Applicant is reminded of their duty to disclose. See MPEP 2001.
Claim Objections
Claims 1, 10, and 25 are objected to because of the following informalities:
Regarding claim 1, the numerals (i)-(iv) in lines 8-10 of the claim seem to indicate a list wherein each component is required. However, based on the content of the list and the “or” prior to item (iv), and the disclosure on page 4 of the instant specification that the interface enhancer comprises a lithium salt or a liquid solution, it seems that the interface enhancer composition must comprise one of the options (i)-(iv). For the sake of clarity, it is recommended to remove the numerals such that the claim clearly requires only one of the lithium salt components listed.
Regarding claim 10, the claim presents a list of organic solvents that may be included in the interface enhancer composition, however, several solvents are listed more than one time. Sulfone is included in lines 4, 7, and 12; sulfate is included in lines 5 and 13; siloxane is included in lines 5 and 14; phosphate is included in lines 4 and 13; and nitrile is included in lines 4 and 13. It is recommended to remove duplicate solvents.
Regarding claim 25, each list of possible anode active materials recited in groups (a)-(d) includes a list ending with the word “and,” indicating that the entire list is required to be included in the anode active material. For example, in selecting group (a), the claims seems to read that the anode active material includes Si, Ge, Sn, Pb, Sb, P, Bi, Zn, Al, Ti, Ni, Co, and Cd. Given anode active materials commonly used in the art, and the disclosure on page 13 of the instant specification that the anode of a lithium-ion cell may include an active material such as graphite particles, Si, or SiO, it seems that each group (a)-(h) should include the lists of possible active materials with the word “or” instead of “and.” For the purposes of examination, the claim is interpreted as allowing any material provided to be used as the anode active material on its own, rather than in the full sets provided by groups (a)-(h).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 8, 12, 15, and by dependency claims 2-28, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, lines 2-3 of the claim require at least an interface enhancer composition and lines 16-18 require a first interface enhancer composition present between the solid-state electrolyte and the cathode and a second interface enhancer composition present between the solid-state electrolyte and the anode. It is not clear if the interface enhancer composition introduced in lines 2-3 includes a first and a second interface enhancer composition, or if the first and second interface enhancer compositions introduced in lines 16-18 are intended to be additional compositions to the interface enhancer composition introduced in lines 2-3. As the claim further recites that the first and second interface enhancer compositions can be identical to each other, and page 13 of the instant specification discloses a method producing the cell including introducing a first interface enhancer into the pores of a cathode active material without disclosing a separate interface enhancer composition, it seems that the interface enhancer composition introduced in lines 2-3 includes the first interface enhancer composition and the second interface enhancer composition. For the purposes of examination, part d) of the claim is interpreted as requiring “the interface enhancer composition includes a first interface enhancer composition and a second interface enhancer composition, wherein the first interface enhancer composition is present between the solid-state electrolyte and the cathode and the second interface enhancer composition present between the solid-state electrolyte and the anode, wherein the first is identical to or different from the second interface enhancer composition.”
Regarding claim 8, lines 3-12 of the claim limits the cations that may be included in the ionic liquid of the interface enhancer composition. It is noted, however, that several materials are listed as the full ionic liquid, including both the cation and anion, making the limitation unclear. Specifically, 1-butyl-3-methylimidazolium hexafluorophosphate, 1-butyl-3-methylimidazolium acetate, 1-butyl-3-methylimidazolium thiocyanate, EMITFSI, 1-ethyl-3 methylimidazolium bis(fluorosulfonyl)imide, N-methyl-N-propylpyrrolidinium bis(fluorosulfonyl)imide, 1-ethyl-3-methylirnidazoliurn bis(trifluoromethylsulfonyl)imide, 1-ethyl-3-methylimidazolium trifluoronethanesulfonate, and 1-butyl-3-methylimidazolium dicyanamide provide the ionic liquid rather than the cation. For the purposes of examination, ionic liquids provided in claim 8 are interpreted as meeting the limitation of having the cations listed in the claim.
Regarding claim 12, the claim recites the limitation "vinyl sulfone or sulfide" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 15, the claim recites the limitation "phosphonic acid" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 2-28, these claims are rejected based on their dependency on claim 1.
Claim Rejections - 35 USC § 102
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 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 1-20 and 22-28 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sada (US 2022/0102703 A1).
Regarding claim 1, Sada teaches a lithium ion battery with a conductive polymer solid state electrolyte (¶ [0012], Ln. 7-10). In the examples, Sada teaches producing the battery by the following steps. First, a positive electrode including NCM811 (cathode active material) and conductive carbon black (conductive additive) is formed having a 70% closed pack formation rate (30% porosity) (¶ [0144]-[0145], ¶ [0147], Ln. 1-17). Second, a conductive polymer (first interface enhancer composition) including an ionic liquid and a lithium salt is impregnated in the positive electrode (first interface enhancer composition present between the solid state electrolyte and the cathode), filling at least 80% of the voids in the closed pack structure (¶ [0161], Ln. 1-11). Third, a casting slurry is produced including a conductive polymer matrix and inorganic solid state electrolyte (¶ [0167], Ln. 1-3). The inorganic solid state electrolyte includes LAGP, and a conductive polymer matrix including an ionic liquid, lithium salt, and LATP (¶ [0168], ¶ [0169], Ln. 1-5). In this case, the ionic liquid and lithium salt meet the limitations of the interface enhancer. It is noted that the reference recites “LATG” rather than LATP as a NASICON type solid electrolyte in the paragraph cited, however, in paragraph [0119], the reference discloses NASICON type inorganic solid state electrolytes indicated as examples, providing LATP and LAGP. Thus, one of ordinary skill in the art would recognize the reference to LATG in paragraph [0169] as a typo with the intention of reciting “LATP,” as LATG is not a widely recognized NASICON type inorganic solid state electrolyte and LATP is expressly taught in the reference. Sada teaches that the electrolyte layer has excellent ion conductivity, teaching an inherent ion conductivity of the inorganic solid state electrolyte oxide of 10-4 S/cm and an upgraded ion conductivity of 10-3 S/cm including the ion conductive polymer (no less than 10-4 S/cm) (¶ [0048], Ln. 17-26). Sada teaches that the casting slurry containing the conductive polymer matrix and inorganic solid electrolyte may be coated into the voids of the negative electrode (second interface enhancer composition present between solid state electrolyte and the anode) and then laminated with the positive electrode to produce the solid state electrolyte rechargeable battery (¶ [0170], Ln. 1-5, ¶ [0171], Ln. 1-8), or the casting slurry is coated onto a Teflon plate to form a conductive membrane, and then the membrane is inserted between the positive and negative electrode to produce the solid state electrolyte rechargeable battery (¶ [0169], Ln. 4-6, ¶ [0172], Ln. 1-9).
Regarding claim 2, Sada teaches all of the limitations of claim 1 above, and further teaches that both the positive and negative electrodes may have the closed pack structure (¶ [0048], Ln. 5-8). A negative electrode in the second example having a closed pack void structure of 70% is formed using graphite as the negative electrode active material and a conductive agent (¶ [0158]-[0159]). Sada further teaches that the conductive polymer solution impregnates the electrodes, teaching that at least 70% of the voids’ rate of the closed pack structure of electrodes is filled (¶ [0044], Ln. 34-36).
Regarding claim 3, Sada teaches all of the limitations of claim 1 above, and further teaches that the battery can be produced using lithium metal foil laminated on a copper current collector as the negative electrode (¶ [0174], Ln. 1-3).
Regarding claims 4-5, Sada teaches all of the limitations of claim 1 above, including a conductive polymer matrix (second interface enhancer) including an ionic liquid, lithium salt, and LATP (¶ [0168], ¶ [0169], Ln. 1-5). Sada teaches that these components are added to a conductive polymer of Practical Example 1, which includes vinylidene fluoride and an ionic liquid (¶ [0146], Ln. 1-8). In this case, the LATP is a phosphate flame retardant additive.
Regarding claims 6-7, Sada teaches all of the limitations of claim 1 above. Sada further teaches that the conductive polymer, which comprises a lithium salt fills preferably over 90% of the voids of the closed pack structure of the positive electrode (¶ [0042], Ln. 19-21). Sada teaches that the impregnating process allows conductive polymer to reach the interior of the electrodes, such that a uniform film is formed on the surface of the particles (¶ [0045], Ln. 21-26). Thus, as a uniform film is formed on the surface of the particles, including the interior particles of the electrode, a contiguous phase or continuous lithium ion pathway from the positive electrode active material throughout the solid state electrolyte to the negative electrode is established.
Regarding claims 8-9, Sada teaches all of the limitations of claim 1 above, and further teaches that the ionic liquid added to the casting slurry of the solid state electrolyte is 1-ethyl 3-methyl imidazolium bis(fluorosulfonyl)imide (¶ [0169], Ln. 1-2), including the cation 1-ethyl 3-methyl imidazolium and the anion bis(fluorosulfonyl)imide (N(SO₂F)₂⁻).
Regarding claims 10-16, Sada teaches all of the limitations of claim 1 above, including a conductive polymer matrix including an ionic liquid. Therefore, as Sada teaches an interface enhancer composition including an ionic liquid, the limitations drawn to an interface enhancer composition comprising an organic solvent are not applied and are necessarily met.
Regarding claim 17, Sada teaches all of the limitations of claim 1 above, including that the inorganic solid state electrolyte includes LAGP (¶ [0168], Ln. 1-2), a NASICON type electrolyte material.
Regarding claim 18, Sada teaches all of the limitations of claim 1 above, including an inorganic solid state electrolyte. Therefore, as Sada teaches a solid state electrolyte including an inorganic solid state electrolyte, the limitations drawn to a solid state electrolyte comprising a polymer/inorganic composite electrolyte are not applied and are necessarily met.
Regarding claim 19, Sada teaches all of the limitations of claims 1 above, including a solid state electrolyte slurry is produced by adding an ionic liquid, lithium salt, and LATP (¶ [0168], ¶ [0169], Ln. 1-5) to a conductive polymer of Practical Example 1, which includes vinylidene fluoride (¶ [0146], Ln. 1-8). Thus, the solid state electrolyte includes vinylidene fluoride.
Regarding claim 20, Sada teaches all of the limitations of claim 1 above, and further teaches that the lithium salt included in the conductive polymer matrix is LiFSI (lithium bis(fluorosulphonyl)imide) (¶ [0169], Ln. 1-2).
Regarding claim 22, Sada teaches all of the limitations of claim 1 above, including an inorganic solid state electrolyte. Therefore, as Sada teaches a solid state electrolyte including an inorganic solid state electrolyte, the limitations drawn to a solid state electrolyte comprising a polymer/inorganic composite electrolyte are not applied and are necessarily met.
Regarding claims 23-24, Sada teaches all of the limitations of claim 1 above, including a lithium ion battery with a positive electrode including NCM811 (cathode active material) (¶ [0145]), such that the battery is a lithium-ion cell with a lithium nickel manganese cobalt oxide.
Regarding claim 25, Sada teaches all of the limitations of claim 1 above, and further teaches a negative electrode in the second example formed using graphite as the negative electrode active material (¶ [0158], Ln. 4-5).
Regarding claim 26, Sada teaches all of the limitations of claim 1 above, including that the casting slurry is coated onto a Teflon plate (porous polymer membrane) to form a conductive membrane, and then the membrane is inserted between the positive and negative electrode to produce the solid state electrolyte rechargeable battery (¶ [0169], Ln. 4-6, ¶ [0172], Ln. 1-9).
Regarding claim 27, Sada teaches all of the limitations of claim 1 above and further teaches that the active material, conductive agent, and an ion conductive binder are mixed to form the positive electrode (¶ [0147], Ln. 1-13).
Regarding claim 28, Sada teaches all of the limitations of claim 1 above, and further teaches that the negative electrode is produced including ionic conductive binder and conductive agent (¶ [0159], Ln. 5-8).
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Sada (US 2022/0102703 A1), as applied to claim 4 above, in view of Jang (US 2022/0255129 A1).
Regarding claim 21, Sada teaches all of the limitations of claim 4 above, including a conductive polymer matrix (second interface enhancer) including an ionic liquid, lithium salt, and LATP (¶ [0168], ¶ [0169], Ln. 1-5). Sada does not expressly teach that the conductive polymer includes a flame retardant additive in a form of encapsulated particles.
Jang teaches a rechargeable lithium battery comprising an anode, a cathode, and a quasi-solid or solid-state electrode in ionic communication with the anode and the cathode, wherein the electrolyte comprises a polyphosphazene polymer and lithium salt dissolved in the polymer (¶ [0078], Ln. 1-6). Jang teaches that the electrolyte composition is designed to permeate the internal structure of the cathode to be in physical contact with cathode active material in the cathode, and to permeate into the anode electrode to be in physical contact with the anode active material if present (¶ [0046], Ln. 1-6). Jang teaches that the cathode active material for the lithium metal or lithium-ion battery may be a layered compound LiMO2, spinel compound LiM2O4, olivine compound LiMPO4, silicate compound Li2MSiO4, Tavorite compound LiMPO4F, borate compound LiMBO3, or a combination thereof, wherein M is a transition metal or a mixture of multiple transition metals (¶ [0177], Ln. 4-11), teaching the use of nickel manganese cobalt oxide in Examples 1-5. Jang further teaches that the electrolyte may further comprise a flame-retardant additive selected from a halogenated flame retardant, phosphorus-based flame retardant, melamine flame retardant, metal hydroxide flame retardant, silicon-based flame retardant, phosphate flame retardant, biomolecular flame retardant, or a combination thereof (¶ [0037], Ln. 1-6). Additionally, Jang teaches that the flame-retardant additive may be in a form of encapsulated particles comprising the additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte-impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature (¶ [0038], Ln. 1-6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the conductive polymer of Sada to include a flame retardant additive of Jang. One of ordinary skill in the art would find it obvious to apply the teachings of Jang to the solid state battery of Sada, as both teach solid state batteries with NCM cathodes impregnated by the solid state electrolyte composition. Further, one of ordinary skill in the art would be motivated to include a flame retardant additive in the conductive polymer of Sada in order to produce a safer battery. As batteries often operate at high temperatures, one of ordinary skill in the art would find it obvious to include the flame retardant additive of Jang in order to reduce risk. In applying the teachings of Jang, the flame retardant additive would include a halogenated flame retardant, phosphorus-based flame retardant, melamine flame retardant, metal hydroxide flame retardant, silicon-based flame retardant, phosphate flame retardant, biomolecular flame retardant, or a combination thereof in a form of encapsulated particles comprising the additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte-impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature.
Conclusion
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785
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