DETAILED ACTION
Application 18/512,877, “COATED POSITIVE ELECTRODE ACTIVE MATERIAL, POSITIVE ELECTRODE MATERIAL, AND BATTERY”, was filed with the USPTO on 11/17/2023 and has a foreign priority document of JP2021-085522 and JP2021-085523 filed on 5/20/2021.
This office action is in response to communication filed on 11/17/2023.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application No. 18/512,877, filed on 1/4/2024.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/17/2023, 2/14/2024 and 6/4/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-2, 4 and 8-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 4-6 of copending Application No. 18/513,658 (reference application, hereinafter 658’). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, 658’ teaches a coated positive electrode active material (positive electrode active material with coating layer, see claim 1 of 658’) comprising:
a positive electrode active material (positive electrode active material, see claim 1 of 658’); and
a coating layer (first solid electrolyte and second solid electrolyte, see claim 1 of 658’; note: second solid electrolyte is in indirect contact with the positive electrode active material with the coating layer disposed between the second solid electrolyte and the positive electrode active material (see claim 1 of 658’), therefore second solid electrolyte is part of the coating layer) coating at least a portion of a surface of the positive electrode active material (see claim 1 of 658’), wherein
the coating layer (first solid electrolyte and second solid electrolyte, see claim 1 of 658’) comprises a sulfide solid electrolyte (second solid electrolyte contains Li and S, see claim 2 of 658’) and a halide solid electrolyte (first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I, see claim 1 of 658’).
Regarding claim 2, 658’ teaches wherein a proportion of a volume of the halide solid electrolyte (a ratio of a volume of the first solid electrolyte, see claim 1 of 658’) to a volume of the coating layer (a total volume of the first solid electrolyte and the second solid electrolyte, see claim 1 of 658’) is 60% or less (less than or equal to 60%, see claim 1 of 658’).
Regarding claim 4, 658’ teaches wherein
the halide solid electrolyte (first solid electrolyte, see claim 4 of 658’) is represented by the following composition formula (1)
LiαMβXγ Formula (1) (Formula 1, see claim 4 of 658’)
where α, β, and γ are each independently a value greater than 0 (see claim 4 of 658’),
M comprises at least one element selected from the group consisting of metalloid elements and metal elements except Li (other than Li, see claim 1 of 658’), and
X comprises at least one selected from the group consisting of F, Cl, Br, and I (see claim 1 of 658’).
Regarding claim 8, 658’ teaches wherein
the coating layer (first solid electrolyte and second solid electrolyte, see claim 1 of 658’) comprises a mixture of the sulfide solid electrolyte (second solid electrolyte contains Li and S, see claim 2 of 658’) and the halide solid electrolyte (first solid electrolyte, see claim 1 of 658’).
Regarding claim 9, 658’ teaches a positive electrode material (positive electrode material, see claim 6 of 658’) comprising:
the coated positive electrode active material according to claim 1 (see mapping of rejection of claim 1 above); and
a first solid electrolyte (oxide solid electrolyte, see claims 5 and 6 of 658’; note: second coating layer contains a base material contains an oxide solid electrolyte, see claims 5 and 6 of 658’).
Regarding claim 10, 658’ teaches wherein
the first solid electrolyte (oxide solid electrolyte, see claims 5 and 6 of 658’) comprises at least one selected from the group consisting of a halide solid electrolyte, a sulfide solid electrolyte, an oxide solid electrolyte (oxide solid electrolyte, see claims 5 and 6 of 658’), a polymer solid electrolyte, and a complex hydride solid electrolyte.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 4-6 and 8-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 11 and 16 of U.S. Patent No. 12,119,487 (hereinafter 487’) in view of Iwasaki et al. (US 20150372344 A1).
Regarding claim 1, 487’ teaches a coated positive electrode active material (positive electrode active material covered by cover layer, see claim 1 of 487’) comprising:
a positive electrode active material (positive electrode active material, see claim 1 of 487’); and
a coating layer (cover layer, see claim 1 of 487’) coating at least a portion of a surface of the positive electrode active material (see claim 1 of 487’), wherein
the coating layer (cover layer, see claim 1 of 487’) comprises a halide solid electrolyte (first solid electrolyte material, see claim 1 of 487’; note: first solid electrolyte material contains X represents halogen elements, see claim 1 of 487’).
However, 487’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the cover layer taught by 487’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 4, 487’ in view of Iwasaki et al. teaches wherein
the halide solid electrolyte (first solid electrolyte material, see claim 2 of 487’) is represented by the following composition formula (1)
LiαMβXγ Formula (1) (Formula (1), see claim 2 of 487’)
where α, β, and γ are each independently a value greater than 0 (see claim 2 of 487’),
M comprises at least one element selected from the group consisting of metalloid elements and metal elements except Li (M represents Y and at least one element selected from the group consisting of semi-metal elements and metal elements other than Li and Y, see claim 1 of 487’), and
X comprises at least one selected from the group consisting of F, Cl, Br, and I (X represents halogen elements including Cl, see claim 1 of 487’).
Regarding claim 5, 487’ in view of Iwasaki et al. teaches wherein the composition formula (1) satisfies 2.5≤α≤3, 1≤β≤1.1, and γ =6 (see claim 3 of 487’).
Regarding claim 6, 487’ in view of Iwasaki et al. teaches wherein
in the composition formula (1), M comprises yttrium (“M represents Y….”, see claim 1 of 487’).
Regarding claim 8, 487’ in view of Iwasaki et al. teaches wherein
the coating layer comprises a mixture of the sulfide solid electrolyte (sulfide-based solid electrolyte 4, Iwasaki et al. [0054]) and the halide solid electrolyte (first solid electrolyte material, see claim 1 of 487’).
Regarding claim 9, 487’ teaches a positive electrode material comprising:
a coated positive electrode active material (positive electrode active material covered by cover layer, see claim 1 of 487’) comprising:
a positive electrode active material (positive electrode active material, see claim 1 of 487’); and
a coating layer (cover layer, see claim 1 of 487’) coating at least a portion of a surface of the positive electrode active material (see claim 1 of 487’), wherein
the coating layer (cover layer, see claim 1 of 487’) comprises a halide solid electrolyte (first solid electrolyte material, see claim 1 of 487’; note: first solid electrolyte material contains X represents halogen elements, see claim 1 of 487’); and
a first solid electrolyte (second solid electrolyte material, see claim 1 of 487’).
However, 487’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the cover layer taught by 487’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 10, 487’ in view of Iwasaki et al. teaches wherein
the first solid electrolyte (second solid electrolyte material, see claim 1 of 487’) comprises at least one selected from the group consisting of a halide solid electrolyte, a sulfide solid electrolyte (sulfide solid electrolyte, see claim 11 of 487’), an oxide solid electrolyte, a polymer solid electrolyte, and a complex hydride solid electrolyte.
Regarding claim 11, 487’ teaches a battery (battery, see claim 16 of 487’) comprising:
a positive electrode (positive electrode, see claim 16 of 487’) comprising:
a coated positive electrode active material (positive electrode active material covered by cover layer, see claim 1 of 487’) comprising:
a positive electrode active material (positive electrode active material, see claim 1 of 487’); and
a coating layer (cover layer, see claim 1 of 487’) coating at least a portion of a surface of the positive electrode active material (see claim 1 of 487’), wherein
the coating layer (cover layer, see claim 1 of 487’) comprises a halide solid electrolyte (first solid electrolyte material, see claim 1 of 487’; note: first solid electrolyte material contains X represents halogen elements, see claim 1 of 487’);
a first solid electrolyte (second solid electrolyte material, see claim 1 of 487’);
a negative electrode (negative electrode, see claim 16 of 487’); and
an electrolyte layer (electrolyte layer, see claim 16 of 487’) provided between the positive electrode and the negative electrode (see claim 16 of 487’).
However, 487’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the cover layer taught by 487’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Claims 1, 4 and 8-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5 and 9-10 of copending Application No. 18/507,037 (hereinafter 037’) in view of Iwasaki et al. (US 20150372344 A1).
Regarding claim 1, 037’ teaches a coated positive electrode active material (coated active material, claim 1 of 037’) comprising:
a positive electrode active material (positive electrode active material, claim 1 of 037’); and
a coating layer coating at least a portion of a surface of the positive electrode active material (see claim 1 of 037’), wherein
the coating layer (coating layer, claim 1 of 037’) comprises a halide solid electrolyte (first solid electrolyte, claim 1 of 037’; note: first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I).
However, 037’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by 037’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 4, 037’ in view of Iwasaki et al. teaches wherein
the halide solid electrolyte (first solid electrolyte, claim 5 of 037’) is represented by the following composition formula (1)
LiαMβXγ Formula (1) (see claim 5 of 037’)
where α, β, and γ are each independently a value greater than 0 (see claim 5 of 037’),
M comprises at least one element selected from the group consisting of metalloid elements and metal elements except Li (see claim 1 of 037’), and
X comprises at least one selected from the group consisting of F, Cl, Br, and I (see claim 1 of 037’).
Regarding claim 8, 037’ in view of Iwasaki et al. teaches wherein
the coating layer comprises a mixture of the sulfide solid electrolyte (sulfide-based solid electrolyte 4, Iwasaki [0054]) and the halide solid electrolyte (first solid electrolyte, claim 1 of 037’; note: first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I).
Regarding claim 9, 037’ teaches a positive electrode material (positive electrode material, claim 9 of 037’) comprising:
the coated positive electrode active material (coated active material, claim 1 of 037’) comprising:
a positive electrode active material (positive electrode active material, claim 1 of 037’); and
a coating layer coating at least a portion of a surface of the positive electrode active material (see claim 1 of 037’), wherein
the coating layer (coating layer, claim 1 of 037’) comprises a halide solid electrolyte (first solid electrolyte, claim 1 of 037’; note: first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I); and
a first solid electrolyte (second solid electrolyte, claim 9 of 037’).
However, 037’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by 037’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 10, 037’ in view of Iwasaki et al. teaches wherein
the first solid electrolyte (second solid electrolyte, claim 10 of 037’) comprises at least one selected from the group consisting of a halide solid electrolyte, a sulfide solid electrolyte (second solid electrolyte contains Li and S, claim 10 of 037’), an oxide solid electrolyte, a polymer solid electrolyte, and a complex hydride solid electrolyte.
This is a provisional nonstatutory double patenting rejection.
Claims 1 and 8-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4 and 10-13 of copending Application No. 18/504,122 (hereinafter 122’) in view of Iwasaki et al. (US 20150372344 A1).
Regarding claim 1, 122’ teaches a coated positive electrode active material (coated active material, claim 1 of 122’) comprising:
a positive electrode active material (positive electrode active material, claim 1 of 122’); and
a coating layer coating at least a portion of a surface of the positive electrode active material (see claim 1 of 122’), wherein
the coating layer (coating layer, claim 1 of 122’) comprises a halide solid electrolyte (first solid electrolyte, claim 4 of 122’; note: coating layer includes a first coating layer which contains first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I).
However, 122’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by 122’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 8, 122’ in view of Iwasaki et al. teaches wherein
the coating layer comprises a mixture of the sulfide solid electrolyte (sulfide-based solid electrolyte 4, Iwasaki [0054]) and the halide solid electrolyte (first solid electrolyte, claim 4 of 122’; note: first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I).
Regarding claim 9, 122’ teaches a positive electrode material (positive electrode material, claim 10 of 122’) comprising:
the coated positive electrode active material (coated active material, claim 1 of 122’) comprising:
a positive electrode active material (positive electrode active material, claim 1 of 122’); and
a coating layer coating at least a portion of a surface of the positive electrode active material (see claim 1 of 122’), wherein
the coating layer (coating layer, claim 1 of 122’) comprises a halide solid electrolyte (first solid electrolyte, claim 4 of 122’; note: coating layer includes a first coating layer which contains first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I); and
a first solid electrolyte (second solid electrolyte, claim 10 of 122’).
However, 122’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by 122’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 10, 122’ in view of Iwasaki et al. teaches wherein
the first solid electrolyte (second solid electrolyte, claim 11 of 122’) comprises at least one selected from the group consisting of a halide solid electrolyte, a sulfide solid electrolyte (second solid electrolyte contains Li and S, claim 11 of 122’), an oxide solid electrolyte, a polymer solid electrolyte, and a complex hydride solid electrolyte.
Regarding claim 11, 122’ teaches wherein a battery (battery, claim 13 of 122’) comprising:
a positive electrode (positive electrode, claims 12 and 13 of 122’) comprising the positive electrode material (positive electrode material, claim 10 of 122’) comprising:
the coated positive electrode active material (coated active material, claim 1 of 122’) comprising:
a positive electrode active material (positive electrode active material, claim 1 of 122’); and
a coating layer coating at least a portion of a surface of the positive electrode active material (see claim 1 of 122’), wherein
the coating layer (coating layer, claim 1 of 122’) comprises a halide solid electrolyte (first solid electrolyte, claim 4 of 122’; note: coating layer includes a first coating layer which contains first solid electrolyte contains X, and X is at least one selected from the group consisting of F, Cl, Br, and I); and
a first solid electrolyte (second solid electrolyte, claim 10 of 122’);
a negative electrode (negative electrode, claim 13 of 122’); and
an electrolyte layer (electrolyte layer, claim 13 of 122’) provided between the positive electrode and the negative electrode (claim 13 of 122’).
However, 122’ does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by 122’ by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
This is a provisional nonstatutory double patenting rejection.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsumura et al. (WO 2019146236 A1, provided on IDS filed on 11/17/2023 and 2/14/2024, citations see machine translation).
Regarding claim 1, Matsumura et al. teaches a coated positive electrode active material (Embodiment 4, see [0189]-[0192]) comprising:
a positive electrode active material (Li(NiCoMn)O2, [0191]); and
a coating layer coating (Li2.7Y1.1Cl6, [0191] and Li2S-P2S5 (Li2S: P2S5 = 75:25), [0189]; note: first coated with Li2.7Y1.1Cl6, then with a second layer Li2S-P2S5 by an agate mortar, see [0189]-[0192];) at least a portion of a surface of the positive electrode active material (see formation of coating layer Li2.7Y1.1Cl6 on Li(NiCoMn)O2 in [0191]), wherein
the coating layer comprises a sulfide solid electrolyte (Li2S-P2S5 (Li2S: P2S5 = 75:25), [0189]; note: citation is short for Li2S-P2S5 for all following mappings) and a halide solid electrolyte (Li2.7Y1.1Cl6, [0191]).
Regarding claim 2, Matsumura et al. teaches wherein
a proportion of a volume of the halide solid electrolyte (2.9 part, see calculation below) to a volume of the coating layer (14.8 part (2.9 + 11.9 part), see calculation below) is 60% or less (19.6%; volume proportion = 2.9 / 14.8 X 100%) (note: weight ratio of Li2.7Y1.1Cl6 : Li(NiCoMn)O2 = 1:10, weight ratio of Li2S-P2S5 : (Li2.7Y1.1Cl6 + Li(NiCoMn)O2) = 23:77, therefore, weight ratio of Li2.7Y1.1Cl6 : Li2S-P2S5 = 7:23; calculation of volumes: volume of Li2.7Y1.1Cl6 = 7 / 2.401* = 2.9 part; volume of Li2S-P2S5 = 23 / 1.935* = 11.9 part, unit of density is g/cm3).
*The density of Li2.7Y1.1Cl6 is estimated from Li3YCl6. The density of Li3YCl6 value is 2.401 g/cm3 and obtained from Table S3 of Li3YCl6, on page 5 of Supplementary Information of this NPL: Jiang et al. title: Materials perspective on new lithium chlorides and bromides: insights into thermo-physical properties. Phys. Chem. Chem. Phys., 2020, 22, 22758-22767. Note: Li2.7Y1.1Cl6 is in the family of and its density is based on its crystal structure, therefore for examination purposes, using density of Li3YCl6 to calculate the volume of Li2.7Y1.1Cl6.
* The density of Li2S-P2S5 value is 1.935 g/cm3 and obtained from Table 2 of (Li2S)75(P2S5)25, on page 7 of this NPL: Ohara, K., Mitsui, A., Mori, M. et al. Structural and electronic features of binary Li2S-P2S5 glasses. Sci Rep 6, 21302 (2016).
Regarding claim 3, Matsumura et al. teaches wherein
a proportion of a volume of the halide solid electrolyte to a volume of the coating layer is 40% or less (19.6%; calculation see above rejection of claim 2).
Regarding claim 4, Matsumura et al. teaches wherein
the halide solid electrolyte (Li2.7Y1.1Cl6, [0191]) is represented by the following composition formula (1)
LiαMβXγ Formula (1) (Li2.7Y1.1Cl6, [0191])
where α, β, and γ are each independently a value greater than 0 (α = 2.7, β = 1.1, and γ =6, see Li2.7Y1.1Cl6, [0191]),
M comprises at least one element selected from the group consisting of metalloid elements and metal elements except Li (M = Y, see Li2.7Y1.1Cl6, [0191]), and
X comprises at least one selected from the group consisting of F, Cl, Br, and I (X = Cl, see Li2.7Y1.1Cl6, [0191]).
Regarding claim 5, Matsumura et al. teaches wherein
the composition formula (1) (Li2.7Y1.1Cl6, [0191]) satisfies 2.5≤ α ≤3, 1≤ β ≤1.1, and γ = 6 (α = 2.7, β = 1.1, and γ =6, see Li2.7Y1.1Cl6, [0191]).
Regarding claim 6, Matsumura et al. teaches wherein
in the composition formula (1) (Li2.7Y1.1Cl6, [0191]), M comprises yttrium (M = Y, see Li2.7Y1.1Cl6, [0191]).
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.
Claims 1 and 4-11 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et al. (WO 2019146236 A1, provided on IDS filed on 11/17/2023 and 2/14/2024, citations see machine translation) in view of Iwasaki et al. (US 20150372344 A1).
Regarding claim 1, Matsumura et al. teaches a coated positive electrode active material (110/111, Fig. 1) comprising:
a positive electrode active material (110, Fig. 1); and
a coating layer (111, Fig. 1) coating at least a portion of a surface of the positive electrode active material (see Fig. 1; also see [0099]), wherein
the coating layer (111, Fig. 1) comprises a halide solid electrolyte (first solid electrolyte material, [0099], first solid electrolyte is Li2.7Y1.1Cl6, [0094]).
However, Matsumura et al. does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by Matsumura et al. by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 4, Matsumura et al. in view of Iwasaki et al. teaches wherein
the halide solid electrolyte (Li2.7Y1.1Cl6, Matsumura [0094]) is represented by the following composition formula (1)
LiαMβXγ Formula (1) (Li2.7Y1.1Cl6, Matsumura [0094])
where α, β, and γ are each independently a value greater than 0 (α = 2.7, β = 1.1, and γ =6, see Li2.7Y1.1Cl6, Matsumura [0094]),
M comprises at least one element selected from the group consisting of metalloid elements and metal elements except Li (M = Y, see Li2.7Y1.1Cl6, Matsumura [0094]), and
X comprises at least one selected from the group consisting of F, Cl, Br, and I (X = Cl, see Li2.7Y1.1Cl6, Matsumura [0094]).
Regarding claim 5, Matsumura et al. in view of Iwasaki et al. teaches wherein
the composition formula (1) (Li2.7Y1.1Cl6, Matsumura [0094]) satisfies 2.5≤ α ≤3, 1≤ β ≤1.1, and γ = 6 (α = 2.7, β = 1.1, and γ =6, see Li2.7Y1.1Cl6, Matsumura [0094]).
Regarding claim 6, Matsumura et al. in view of Iwasaki et al. teaches wherein
in the composition formula (1) (Li2.7Y1.1Cl6, Matsumura [0094]), M comprises yttrium (M = Y, see Li2.7Y1.1Cl6, Matsumura [0094]).
Regarding claim 7, Matsumura et al. in view of Iwasaki et al. teaches wherein
the coating (111, Matsumura Fig. 1 modified by adding sulfide-based solid electrolyte, Iwasaki [0054]) layer is a single layer (111 is a single layer, see Matsumura Fig. 1).
Regarding claim 8, Matsumura et al. in view of Iwasaki et al. teaches wherein
the coating layer comprises a mixture of the sulfide solid electrolyte (sulfide-based solid electrolyte, Iwasaki [0054]) and the halide solid electrolyte (Li2.7Y1.1Cl6, Matsumura [0094]).
Regarding claim 9, Matsumura et al. teaches a positive electrode material (1000, Fig. 1) comprising:
the coated positive electrode active material (110/111, Fig. 1) comprising:
a positive electrode active material (110, Fig. 1); and
a coating layer (111, Fig. 1) coating at least a portion of a surface of the positive electrode active material (see Fig. 1; also see [0099]), wherein
the coating layer (111, Fig. 1) comprises a halide solid electrolyte (first solid electrolyte material, [0099], first solid electrolyte is Li2.7Y1.1Cl6, [0094]); and
a first solid electrolyte (100, Fig. 1; second solid electrolyte material, see [0085]-[0087]).
However, Matsumura et al. does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by Matsumura et al. by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Regarding claim 10, Matsumura et al. in view of Iwasaki et al. teaches wherein
the first solid electrolyte (100, Matsumura Fig. 1; second solid electrolyte material, see Matsumura [0085]-[0087]) comprises at least one selected from the group consisting of a halide solid electrolyte (Li3YX6, X = Cl, Br or I, see Matsumura [0085]), a sulfide solid electrolyte (sulfide solid electrolyte, e.g. Li2S-P2S5, see Matsumura [0087]), an oxide solid electrolyte, a polymer solid electrolyte, and a complex hydride solid electrolyte.
Regarding claim 11, Matsumura et al. teaches a battery (2000, Fig. 2) comprising:
a positive electrode (201, Fig. 2) comprising the positive electrode material (1000, Fig. 1) comprising:
the coated positive electrode active material (110/111, Fig. 1) comprising:
a positive electrode active material (110, Fig. 1); and
a coating layer (111, Fig. 1) coating at least a portion of a surface of the positive electrode active material (see Fig. 1; also see [0099]), wherein
the coating layer (111, Fig. 1) comprises a halide solid electrolyte (first solid electrolyte material, [0099], first solid electrolyte is Li2.7Y1.1Cl6, [0094]); and
a first solid electrolyte (100, Fig. 1; second solid electrolyte material, see [0085]-[0087]);
a negative electrode (203, Fig. 2); and
an electrolyte layer (202, Fig. 2) provided between the positive electrode (201, Fig. 2) and the negative electrode (203, Fig. 2).
However, Matsumura et al. does not teach the coating layer comprises a sulfide solid electrolyte.
Iwasaki et al. teaches the coating layer (4, Fig. 1B) comprises a sulfide solid electrolyte (sulfide-based solid electrolyte 4, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the coating layer taught by Matsumura et al. by adding the sulfide-based solid electrolyte taught by Iwasaki et al. to have the surface of each active material particle coated with the sulfide-based solid electrolyte so that the lithium secondary battery is able to suppress the reaction resistance to a lesser degree as compared to the existing lithium secondary battery (see Iwasaki et al. [0075]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(Nagamine): US 20240136571 A1, identical Figs 1 and 2 as in the instant application. Both halide and sulfide solid electrolytes are in the electrolyte layer 202 not in positive electrode 201. Coating layer 111 has both halide and oxide solid electrolytes;
(Nagao): US 20240079569 A1, Figs 1-3, 104 is bilayer coating: 102 halide same formula 1; 103 oxide solid electrolyte;
(Sasaki): US 20220367845 A1, Figs 1 and 2;
(Tanaka): US 20210249683 A1, Figs 1 and 2;
(Tanaka): US 20210242494 A1, Figs 1 and 2;
(Iwasaki): US 20250379218 A1, Fig. 1, bilayer-coating, fluoride first layer and sulfide second layer.
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/NING CHEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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