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 .
Response to Amendment
In response to the amendment received July 30, 2026:
Claims 1, 3-4 and 7-11 are pending. Claims 2 and 5-6 have been cancelled as per applicant’s request.
The previous provisional nonstatutory double patenting rejection has been withdrawn in light of the terminal disclaimer filed.
The previous prior art rejection has been withdrawn in light of the amendment. However, a new prior art rejection has been made below in view of Ito et al. (US 2018/0212233).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-4 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al. (US 2018/0212233) in view of Matsumura et al. (WO2019/146236), provided in the Information Disclosure Statement received November 20, 2023. The U.S. version of Matsumura et al. (US 2020/0350626) is used as the English translation and is referenced below.
Regarding Claim 1, Ito et al. teaches a composite cathode active material (Fig. 2, #100) (i.e. a positive electrode material) comprising core particles including a cathode active material (Para. [0056-0057]) (i.e. a positive electrode active material) and a first coating layer (Fig. 1, #102) (i.e. the second coating layer as claimed) and a second coating layer (Fig. 1, #103) (i.e. the first coating layer as claimed) wherein the first coating layer covers the surface of the core particle and the second coating layer covers the first coating layer (i.e. a coating layer coating at least a portion of a surface of the positive electrode active material, the coating layer includes a first coating layer and a second coating layer, the first coating layer is located outside of the second coating layer) wherein the second coating layer (i.e. first coating layer) includes a second Li-containing compound having lithium ion conductivity (Para. [0077-0078]) forming the all-solid-state secondary battery (Para. [0080]) (i.e. the coating layer containing a first solid electrolyte material, the first coating layer contains a first solid electrolyte), wherein the first coating layer (i.e. second coating layer) comprises a first Li-containing compound such as lithium niobium oxide (Para. [0071]) (i.e. the second coating layer contains a base material, the base material contains an oxide solid electrolyte having lithium ion conductivity), and a solid electrolyte (Fig. 2, #300 and Para. [0055]) (i.e. a second solid electrolyte in indirect contact with the positive electrode active material with the coating layer disposed between the second electrolyte and the positive electrode active material) wherein the solid electrolyte #300 is a sulfide solid electrolyte material comprising at least S and Li (Para. [0098]) (i.e. the second solid electrolyte contains Li and S), wherein the second coating layer (i.e. first coating layer) suppresses deterioration of the solid electrolyte (Para. [0052])
Ito et al. does not teach the first solid electrolyte contains Li, M and X, wherein M is at least one selected from the group consisting of metalloid elements and metal elements other than Li, and X is at least one selected from the group consisting of F, Cl, Br and I nor a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 60%.
However, Matsumura et al. a cathode material including a cathode active material (Para. [0020]) (i.e. a positive electrode active material comprising a positive electrode active material); a coating layer which coats at least a part of the surface of the cathode active material and includes a first solid electrolyte material (Para. [0009]) which includes Li, M and X (Para. [0012]) wherein M includes at least one selected from the group consisting of metalloid elements and metal elements other than Li (Para. [0014]) and X is at least one selected from the group consisting of Cl and Br (Para. [0015]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second coating layer (i.e. first coating layer as claimed) of Ito et al. to incorporate the teaching of the material (i.e. first solid electrolyte as claimed) as taught by Matsumura et al. as such a material prevents side reactions of sulfide solid electrolyte from occurring (Para. [0038]) improving charge/discharge efficiency (Para. [0038]).
Regarding the ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 60%, Ito et al. further teaches too low of a second coating layer thickness provides insufficient effect of suppressing the reaction between the core particles and the solid electrolyte and too high of a total thickness reduces lithium ion conductivity (Para. [0081]), and therefore one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to optimize the ratio of the volume of the second li-containing compound (i.e. first solid electrolyte) to a total volume of the second li-containing compound (i.e. first solid electrolyte) and the solid electrolyte (i.e. second solid electrolyte) in Ito et al. to achieve desirable suppression of reaction between core particles and solid electrolyte and desirable lithium ion conductivity (Para. [0081]). Thus, the claimed ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 60% is a result effective variable (i.e. a variable that achieves a recognized result, in this case desirable solid electrolyte reaction with core particle suppression and lithium ion conductivity) and modifying the ratio to achieve a ratio of greater than or equal to 4% and less than or equal to 60% would be discovering the optimum or workable range involving routine skill in the art.
It has been held that when the general conditions are disclosed in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05).
Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious.
Regarding Claim 3, Ito et al. as modified by Matsumura et al. teaches all of the elements of the current invention in claim 1 as explained above.
Matsumura et al. further teaches M may include yttrium (Para. [0042]). See the rejection to claim 1 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake; this reasoning is applicable to the specific example of Matsumura et al. cited herein.
Regarding Claim 4, Ito et al. as modified by Matsumura et al. teaches all of the elements of the current invention in claim 1 as explained above.
Matsumura et al. further teaches the first solid electrolyte material is a material represented by formula (1) LiαMβXγ where α, β, and γ are each independently a value greater than zero (Para. [0022], [0023]). See the rejection to claim 1 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake; this reasoning is applicable to the specific example of Matsumura et al. cited herein.
Regarding Claim 7, Ito et al. as modified by Matsumura et al. teaches all of the elements of the current invention in claim 1 as explained above.
Ito et al. further teaches the first Li-containing compound includes lithium niobium oxide (Para. [0071]) (i.e. wherein the base material contains lithium niobate).
Regarding Claim 8, Ito et al. as modified by Matsumura et al. teaches all of the elements of the current invention in claim 1 as explained above.
Ito et al. teaches a cathode layer (i.e. positive electrode) comprising the composite cathode active material and the solid electrolyte (i.e. comprising the positive electrode material according to claim 1) (Para. [0055]).
Regarding Claim 9, Ito et al. as modified by Matsumura et al. teaches all of the elements of the positive electrode in claim 8 as explained above.
Ito et al. further teaches an all-solid-state secondary battery comprising the cathode layer (Para. [0054]) (i.e. a battery comprising the positive electrode according to claim 8).
Regarding Claim 10, Ito et al. as modified by Matsumura et al. teaches all of the elements of the current invention in claim 1 as explained above.
Ito et al. further teaches the core particle (i.e. the positive electrode active material) comprising lithium nickel cobalt aluminum oxide, lithium nickel cobalt manganese oxide or lithium cobalt oxide (Para. [0061]).
Regarding Claim 11, Ito et al. as modified by Matsumura et al. teaches all of the elements of the current invention in claim 1 as explained above.
Ito et al. further teaches the core particle (i.e. the positive electrode active material) comprising lithium nickel cobalt aluminum oxide (Para. [0061]), the first Li-containing compound (i.e. base material) comprises lithium niobium oxide (Para. [0071]) (i.e. contains LiNbO3), and the sulfide solid electrolyte material (i.e. second solid electrolyte) includes Li2S-P2S5.
Ito et al. does not teach the first solid electrolyte contains Li3YBr2Cl4.
However, Matsumura et al. teaches the first solid electrolyte material may be Li3YX6 wherein X is at least one of Cl and Br (Para. [0053-0054]) (i.e. at the very least teaches an overlapping ratio of Br and Cl containing Li3YBr2Cl4).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second coating layer (i.e. first coating layer as claimed) of Ito et al. to incorporate the teaching of the material (i.e. first solid electrolyte as claimed) as taught by Matsumura et al. as such material provides improved ion conductivity and improved charge/discharge efficiency (Para. [0055]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Response to Arguments
Applicant’s arguments filed July 30, 2026 have been fully considered but are moot because the arguments do not apply to any of the combination of references being used in the current rejection in light of the amendment.
Applicant’s arguments are drawn to a previous prior art combination and thus, are not persuasive in light of the newly cited prior art.
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 ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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