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 .
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 08/22/2024 and 11/30/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
3. Claim 6 and 19 is objected to because of the following informalities:
Regarding claim 6, the recitation “a D50 particle diameter of the second positive active material” in claim 6, line 2 should read “the D50 particle diameter of the second positive active material”.
Further regarding claim 6, the recitation “a D50 particle diameter of the first positive active material” in claim 6, line 4 and line 13 should read “the D50 particle diameter of the first positive active material”.
Further regarding claim 6, the recitation “a D50 particle diameter of the first solid electrolyte” in claim 6, lines 2-3 and the recitation “the D50 particle diameter of the first solid electrolyte” in line 12 should read “the first D50 particle diameter of the first solid electrolyte”.
Further regarding claim 6, the recitation “the D50 particle diameter of the second solid electrolyte” in claim 6, lines 4-5 and 13-14 should read “the second D50 particle diameter of the second solid electrolyte”.
Regarding claim 19, the recitation “providing a positive electrode comprising a first positive active material, a second positive active material, a first solid electrolyte, and a second solid electrolyte; providing a negative electrode; preparing a solid electrolyte” in claim 19, lines 3-6 should read “providing the positive electrode comprising the first positive active material, the second positive active material, the first solid electrolyte, and the second solid electrolyte; providing the negative electrode; preparing the solid electrolyte”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 1-20 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, the recitation “about” in claim 1 lines 6-7 and 8-9 is indefinite in view of the instant published specification because the in [0057] of the instant published specification the term about is given multiple definitions of one or more standard deviations, +/-30%, +/-20%, +/-10%, or +/-5% of the stated value and it is unclear which definition is used to determine the full extent of the ranges in the claims. For examination purposes the aforementioned recitation will be interpreted as being +/-30%.
Regarding claim 8, the recitation “a D50 particle size” in claim 8, lines 2 and 4 is indefinite because a D50 particle diameter for each of the first and second positive active materials has already been introduced in claim 1 so it is unclear if the D50 particle size is the same or different as the D50 particle diameter. For examination purposes the aforementioned recitation will be interpreted as “the D50 particle diameter”.
Regarding claim 9, the recitation “about” in lines 2-5 is indefinite in view of the instant published specification because the in [0057] of the instant published specification the term about is given multiple definitions of one or more standard deviations, +/-30%, +/-20%, +/-10%, or +/-5% of the stated value and it is unclear which definition is used to determine the full extent of the ranges in the claims. For examination purposes the aforementioned recitation will be interpreted as being +/-30%.
Further regarding claim 9, the recitation “a D50 particle size” in claim 9, lines 2 and 4 is indefinite because a D50 particle diameter for each of the first and second positive active materials has already been introduced in claim 1 so it is unclear if the D50 particle size is the same or different as the D50 particle diameter. For examination purposes the aforementioned recitation will be interpreted as “the D50 particle diameter”.
Regarding claim(s) 2-7 and 10-20, the claim(s) is/are rejected as they depend from, and therefore incorporate the claimed subject matter from claims rejected under this statute.
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 1-4 and 6-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (Pub. No. US 20210280865 A1) in view of Hoshina et al. (Pub. No. US 20140199598 A1) in view of Kunisa et al. (Pub. No. US 20240243350 A1) in view of Mogi et al. (Pub. No. US 20220352500 A1).
Regarding claim 1, Kwon teaches a positive electrode (positive electrode, see [0024]) for an all-solid secondary battery (all-solid secondary battery, see [0024]), comprising: a first positive active material (first positive active material, see [0024]), a second positive active material (second positive active material, see [0024]), a solid electrolyte (solid electrolyte, see [0024]), wherein the first positive active material (first positive active material, see [0024]) has a D50 particle diameter (15 to 20 microns, see [0024]) that is greater than a D50 particle diameter (2 to 6 microns, see [0024]) of the second positive active material (second positive active material, see [0024]), but fails to teach wherein the solid electrolyte includes a first solid electrolyte and a second solid electrolyte, wherein the first solid electrolyte has a first D50 particle diameter of about 0.5 micrometers to about 1.9 micrometers, wherein the first solid electrolyte has a particle size distribution that satisfies Equation 1, wherein the second solid electrolyte has a second D50 particle diameter of about 2 micrometers to about 5 micrometers, wherein a ratio of the first D50 particle diameter to the second D50 particle diameter satisfies Equation 2, and wherein an amount of the first solid electrolyte in the positive electrode is greater than an amount of the second solid electrolyte in the positive electrode, by weight: (d-.sub.190-d.sub.110)/d.sub.150<2 Equation 1 0.1≤(d.sub.150/d.sub.250)≤0.95 Equation 2 wherein, in Equations 1 and 2, d.sub.110 is a D10 particle diameter of the first solid electrolyte, d.sub.150 is the first D50 particle diameter of the first solid electrolyte, d.sub.250 is the second D50 particle diameter of the second solid electrolyte, and d.sub.190 is a D90 particle diameter of the first solid electrolyte. See 112 rejection above for interpretation.
However, Hoshina teaches a positive electrode (positive electrode, see [0017]) comprising a first solid electrolyte (first solid electrolyte particles, see [0017]) and a second solid electrolyte (second solid electrolyte particles, see [0017]) wherein an amount (15 to 25% by volume, see [0031]) of the first solid electrolyte (first solid electrolyte particles, see [0017]) in the positive electrode (positive electrode, see [0017]) is greater than an amount (8 to 15% by volume, see [0031]) of the second solid electrolyte (second solid electrolyte particles, see [0017]) in the positive electrode (positive electrode, see [0017]) by weight (see [0088] gives an examples showing the solid electrolyte particles are from the same type of solid electrolyte having different average particle sizes represented by peaks of the particle size distribution, therefore as the particles have the same density, differences in volume equate to differences in weight), and wherein a ratio of the first D50 particle diameter (D1, see [0017]) to the second D50 particle diameter (D2, see [0017]) satisfies Equation 2 (0.02≤D1/D2≤0.33, see [0017] where the ratio is 3≤D2/D1≤50, taking the inverse of 3 is 0.33 and the inverse of 50 is 0.02), 0.1≤(d.sub.150/d.sub.250)≤0.95 Equation 2 (0.02≤D1/D2≤0.33, see [0017] where the ratio is 3≤D2/D1≤50, taking the inverse of 3 is 0.33 and the inverse of 50 is 0.02), where d.sub.150 (D1, see [0017]) is the first D50 particle diameter (D1, see [0017]) of the first solid electrolyte (first solid electrolyte particles, see [0017]), d.sub.250 (D2, see [0017]) is the second D50 particle diameter (D2, see [0017]) of the second solid electrolyte (second solid electrolyte particles, see [0017]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon such that the solid electrolyte is comprised of a first solid electrolyte particle and a second electrolyte particle of the same material wherein the first solid electrolyte particle is present in 15 to 20% by volume to 8 to 15% by volume of the second solid electrolyte particles (note the ranges overlap at 15% by volume, however a general recitation of one amount greater than another amount infinitely approaches one amount being equal to each other, and further a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I)) and wherein a ratio of the second to first solid electrolyte particle diameters meets 0.02≤D1/D2≤0.33 as taught by Hoshina to increase the lithium ion conductivity of the electrode and battery comprising the electrode (see [0012] of Hoshina). It would have further been obvious to modify the ratio to stay between within the claimed range of 0.1 to 0.33 as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I) and Hoshina teaches the ratio of the diameter of the solid electrolyte particles is a result effective variable of ensuring the function of the first and second solid electrolyte particles are effectively exhibited (see [0012] of Hoshina). Further Kwon teaches that modifications can be made (see [0117] of Kwon).
Hoshina in view of Kwon fail to teach wherein the first solid electrolyte has a first D50 particle diameter of about 0.5 micrometers to about 1.9 micrometers, wherein the first solid electrolyte has a particle size distribution that satisfies Equation 1, wherein the second solid electrolyte has a second D50 particle diameter of about 2 micrometers to about 5 micrometers, (d-.sub.190-d.sub.110)/d.sub.150<2 Equation 1, wherein, in Equation 1, d.sub.110 is a D10 particle diameter of the first solid electrolyte, d.sub.150 is the first D50 particle diameter of the first solid electrolyte, and d.sub.190 is a D90 particle diameter of the first solid electrolyte.
However, Kunisa teaches wherein the first solid electrolyte (solid electrolyte particles at first peak, see [0012], note as mentioned above in Hoshina a peak particle diameter is equivalent to a D50 particle diameter of the particles) has a first D50 particle diameter (first peak particle diameter, see [0012]) of about 0.5 micrometers to about 1.9 micrometers (0.5 microns to 0.7 microns, see [0012]), wherein the second solid electrolyte (solid electrolyte particles at the second peak, see [0012]) has a second D50 particle diameter (second peak particle diameter, see [0012]) of about 2 micrometers to about 5 micrometers (1 to 3 microns, see [0012]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon in view of Hoshina such that the peak particle diameter of the particle size distribution of the first solid electrolyte particles and therefore the D50 particle diameter is between 0.5 and 0.7 microns, and the peak particle diameter of the particle size distribution of the second solid electrolyte particles and therefore the D50 particle diameter is between 1 and 3 microns as taught by Kunisa to provide excellent lithium ion conductivity for the solid electrolyte (see [0002] of Kunisa). Further, it would be obvious to modify the D50 particle diameter of the second solid electrolyte particles to stay between 2.1 and 3 microns as the particle size diameter ratio of 0.1≤D1/D2≤0.33 required by the modifications above (0.1≤D1/D2≤0.33, see [0017] of Hoshina, see modifications above, 0.7/2.1 = 0.33). Further Kwon in view of Hoshina teaches that modifications can be made (see [0117] of Kwon). Further it has been held that a recitation of relative dimensions or size cannot be used as the basis for patentability.
Regarding the modifications above, the examiner would like to note the solid electrolyte particles in Kunisa are used in a solid electrolyte layer of the battery, however the improvements in lithium ion conductivity taught by Kunisa is applicable to the solid electrolyte used in positive electrodes, and further as taught in [0080] of Kwon, the solid electrolyte in the positive electrode can be the same as the solid electrolyte in the solid electrolyte layer.
Kwon in view of Hoshina and further in view of Kunisa fails to teach wherein the first solid electrolyte has a particle size distribution that satisfies Equation 1, (d-.sub.190-d.sub.110)/d.sub.150<2 Equation 1, wherein, in Equation 1, d.sub.110 is a D10 particle diameter of the first solid electrolyte, d.sub.150 is the first D50 particle diameter of the first solid electrolyte, and d.sub.190 is a D90 particle diameter of the first solid electrolyte.
However, Mogi teaches a particle size distribution that satisfies Equation 1 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043]), (d-.sub.190-d.sub.110)/d.sub.150<2 Equation 1 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043]), wherein, in Equation 1 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043]), d.sub.110 is a D10 particle diameter (D.sub.10, see [0043]), d.sub.150 is the first D50 particle diameter (D.sub.50, see [0043]), and d.sub.190 is a D90 particle diameter (D.sub.90, see [0044]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon in view of Hoshina and further in view of Kunisa such that the particle size distribution of each of the first positive active material, the second positive active material, the first solid electrolyte particles, and the second solid electrolyte particles satisfies (D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5 as taught by Mogi to ensure uniform lithium ion conduction (see [0044] of Mogi). Although Mogi teaches the particles size distribution applied to positive active material, one of ordinary skill in the art would understand that the benefit of controlling the variation in particle size of uniform lithium ion conductivity is applicable to both positive electrode active material and solid electrolyte particles used in a positive active material layer. Further Kwon in view of Hoshina in view of Kunisa teaches that modifications can be made (see [0117] of Kwon).
Therefore, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi teaches wherein the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) has a particle size distribution that satisfies Equation 1 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043] of Mogi, see modifications above), (d-.sub.190-d.sub.110)/d.sub.150<2 Equation 1, wherein, in Equation 1 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043] of Mogi, see modifications above), d.sub.110 is a D10 particle diameter of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above), d.sub.150 is the first D50 particle diameter of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above), and d.sub.190 is a D90 particle diameter of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above).
Regarding claim 2, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi teaches wherein the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) has a particle size distribution that satisfies Equation 3 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043] of Mogi, see modifications above): (d.sub.290-d.sub.210)/d.sub.250<3.5 Equation 3 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043] of Mogi, see modifications above) wherein, in Equation 3 ((D.sub.90 – D.sub.10)/D.sub.50 = 0.8 to 1.5, see [0043] of Mogi, see modifications above), d.sub.210 is a D10 particle diameter (D.sub.10, see [0043] of Mogi, see modifications above) of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above), and d.sub.290 is a D90 particle diameter (D.sub.90, see [0044] of Mogi, see modifications above) of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above).
Regarding claim 3, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi fails to teach wherein a ratio of the amount of the second solid electrolyte in the positive electrode to the amount of the first solid electrolyte in the positive electrode satisfies Equation 4: 0.1<(y/x)<1Equation 4 wherein, in Equation 4, x is the amount of the first solid electrolyte in the positive electrode, by weight, y is the amount of the second solid electrolyte in the positive electrode, by weight, and x and y are both numbers greater than 0.
However, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi teaches wherein a ratio of the amount of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]) to the amount of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]) satisfies Equation 4: 0.1<(y/x)<1Equation 4 (0.32 to 1, see math calculation below) wherein, in Equation 4, x (volume percent of first solid electrolyte particles, see [0031] of Hoshina, see modifications above) is the amount of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]), by weight (as mentioned in modifications above, the first and second electrolyte particles are the same material, therefore they have the same density, therefore a volume ratio is the same as a weight ratio), y (volume percent of second solid electrolyte particles, see [0031] of Hoshina, see modifications above) is the amount of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]), by weight (as mentioned in modifications above, the first and second electrolyte particles are the same material, therefore they have the same density, therefore a volume ratio is the same as a weight ratio), and x (volume percent of first solid electrolyte particles, see [0031] of Hoshina, see modifications above) and y (volume percent of second solid electrolyte particles, see [0031] of Hoshina, see modifications above) are both numbers greater than 0 (15-20% and 8 to 15% by volume, see [0031] of Hoshina, see modifications above).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon in view of Hoshina in view of Kunisa and further in view of Mogi to such that the ratio of the volume percent of the first solid electrolyte particles and the second solid electrolyte particles stays within the claimed range of greater than or equal to 0.32 and less than 1 as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches that modifications can be made (see [0117] of Kwon).
Math Calculations: see [0031] of Hoshina and modifications above where the volume percent of the first solid electrolyte particles is 15 to 20%, and volume percent of the second solid electrolyte particles is 8-15% and where the particles are the same solid electrolyte material, and therefore have the same density, therefore the volume ratio is equivalent to a weight ratio and 8/25 = 0.32 and 15/15 = 1.
Regarding claim 4, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi fails to teach wherein a ratio of the amount of the second solid electrolyte in the positive electrode to the amount of the first solid electrolyte in the positive electrode satisfies Equation 5: 0.25≤(y/x)≤0.66 Equation 5 wherein, in Equation 5, x is the amount of the first solid electrolyte in the positive electrode, by weight, y is the amount of the second solid electrolyte in the positive electrode, by weight, and x and y are both numbers greater than 0.
However, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi teaches wherein a ratio of the amount of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]) to the amount of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]) satisfies 0.25≤(y/x)≤0.66 Equation 5 (0.32 to 1, see math calculation below) wherein, in Equation 5, x (volume percent of first solid electrolyte particles, see [0031] of Hoshina, see modifications above) is the amount of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]), by weight (as mentioned in modifications above, the first and second electrolyte particles are the same material, therefore they have the same density, therefore a volume ratio is the same as a weight ratio), y (volume percent of second solid electrolyte particles, see [0031] of Hoshina, see modifications above) is the amount of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) in the positive electrode (positive electrode, see [0024]), by weight (as mentioned in modifications above, the first and second electrolyte particles are the same material, therefore they have the same density, therefore a volume ratio is the same as a weight ratio), and x (volume percent of first solid electrolyte particles, see [0031] of Hoshina, see modifications above) and y (volume percent of second solid electrolyte particles, see [0031] of Hoshina, see modifications above) are both numbers greater than 0 (15-20% and 8 to 15% by volume, see [0031] of Hoshina, see modifications above).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon in view of Hoshina in view of Kunisa and further in view of Mogi by modifying the volume percent of the first and second solid electrolyte particles such that the range of the ratio of the volume percent stays within the claimed range of 0.32 to 0.66 as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches that modifications can be made (see [0117] of Kwon).
Regarding claim 6, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi fails to teach and a ratio of a D50 particle diameter (15 to 20 microns, see [0024]) of the first positive active material (first positive active material, see [0024]) to the D50 particle diameter (2.1 – 3, see [0012] of Mogi, see modifications above) of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) satisfies Equation 7 (5 to 9.52, see math calculations below): 3≤λ2≤30 Equation 7 (5 to 9.52, see math calculations below) wherein, in Equation 7 (5 to 9.52, see math calculations below), λ2 is the ratio of a D50 particle diameter (15 to 20 microns, see [0024]) of a first positive active material (first positive active material, see [0024]) to the D50 particle diameter (2.1 – 3, see [0012] of Mogi, see modifications above) of the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above), but fails to teach wherein a ratio of a D50 particle diameter of the second positive active material to a D50 particle diameter of the first solid electrolyte satisfies Equation 6, 3≤λ1≤30 Equation 6 wherein, in Equations 6, λ1 is the ratio of the D50 particle diameter of the second positive active material to the D50 particle diameter of the first solid electrolyte.
However, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi teaches wherein a ratio of a D50 particle diameter (2 to 6 microns, see [0024]) of the second positive active material (second positive active material, see [0024]) to a D50 particle diameter (0.5 to 0.7 microns, see [0012] of Mogi, see modifications above) of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) satisfies Equation 6 (2.86 to 12, see math calculations below), 3≤λ1≤30 Equation 6 (2.86 to 12, see math calculations below) wherein, in Equations 6 (2.86 to 12, see math calculations below), λ1 is the ratio of the D50 particle diameter (2 to 6 microns, see [0024]) of the second positive active material (second positive active material, see [0024]) to the D50 particle diameter (0.5 to 0.7 microns, see [0012] of Mogi, see modifications above) of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon in view of Hoshina in view of Kunisa in view of Mogi such that the ratio of the D50 particle size of the second positive active material to the D50 particle diameter of the first solid electrolyte particles is within the claimed range of 3 to 12 as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches that modifications can be made (see [0117] of Kwon).
Math Calculations: D50 of First positive active material (15 to 20 microns, see [0024]), D50 of second positive active material (2 to 6 microns, see [0024]), D50 of First Solid Electrolyte Particles (0.5 to 0.7 microns, see [0012] of Mogi, see modifications above), D50 of Second Solid Electrolyte Particles (2.1 – 3, see [0012] of Mogi, see modifications above).
Minimum of each range: minimum D50 active material/maximum D50 solid electrolyte, (15/3 = 5) and (2/0.7 = 2.86).
Maximum of each range: maximum D50 active material/minimum D50 solid electrolyte, (20/2.1 = 9.52) and (6/0.5 = 12).
Regarding claim 7, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein a total amount of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) and the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) combined is about 2 parts by weight to about 70 parts by weight (5.55 to 18.75 parts by weight, see [0045], see math calculations below), with respect to 100 parts by weight of a total weight of the first positive active material (first positive active material, see [0024]) and the second positive active material (second positive active material, see [0024]) combined (total amount of positive active material, see [0045], see math calculations below for adjusting to 100 parts by weight).
Math Calculations: Total Amount of Solid Electrolyte is 5 to 15 parts by weight (see [0045]), and Total Amount of Solid Electrolyte Particles is 80 to 90 parts by weight (see [0045]).
100/90 = 1.11, 5*1.11 = 5.55
100/80 = 1.25, 15*1.25 = 18.75
Regarding claim 8, Kwon in view of Hoshina in view of Kunisa in view of Mogi wherein a D50 particle size (15 to 20 microns, see [0024]) of the first positive active material (first positive active material, see [0024]) is 14 micrometers or greater (15 to 20 microns, see [0024]), and a D50 particle size (2 to 6 microns, see [0024]) of the second positive active material (second positive active material, see [0024]) is 6 micrometers or less (2 to 6 microns, see [0024]). See 112 rejection above for interpretation.
Regarding claim 9, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein a D50 particle size (15 to 20 microns, see [0024]) of the first positive active material (first positive active material, see [0024]) is about 14 micrometers to about 20 micrometers (15 to 20 microns, see [0024]), but fails to teach a D50 particle size of the second positive active material is about 3 micrometers to about 5.5 micrometers. See 112 rejection above for interpretation.
However, Kwon teaches wherein a D50 particle size (2 to 6 microns, see [0024]) of the second positive active material (second positive active material, see [0024]) is about 3 micrometers to about 5.5 micrometers (2 to 6 microns, see [0024]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon in view of Hoshina in view of Kunisa in view of Mogi such that the D50 particle diameter of the second positive active material is within the claimed range of 2.1 to 6 microns (note 112 rejection above where “about” is interpreted as +/-30% so 2.1 is 3-30%, and 6 is within the range of 5.5 + 30%) as taught by Kwon as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches that modifications can be made (see [0117] of Kwon).
Regarding claim 10, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein each of the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) and the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) is independently (see modifications above where both the first and second solid electrolyte particles are the same material) a compound (argyrodite-type compound, see [0100]) having an argyrodite crystal structure (crystalline, see [0099] where the solid electrolyte is crystalline, see [0147] gives a specific example using argyrodite crystal type material) that is represented by Formula 1 (Li.sub.6PS.sub.5Cl, see [0100], see [0147] gives a specific example of using Li.sub.6PS.sub.5Cl): wherein in Formula 1 (Li.sub.6PS.sub.5Cl, see [0100], see [0147] gives a specific example of using Li.sub.6PS.sub.5Cl), M1 (note M1 is not present in the formula and x can be zero) is one or more metal element or metalloid element of Group 1 to Group 15 of the Periodic Table of Elements, provided that M1 is not Li, M2 (Cl, see [0100]) is one or more element of Group 17 of the Periodic Table of the Elements, M3 (note M3 is not present, and w can be 0) is S.sub.mO.sub.n, 4≤a≤8 (6, see [0100]), 0≤x<1 (0, see [0100]), 3≤y≤7 (5, see [0100]), 0<z≤2 (1, see [0100]), 0≤w<2 (0, see [0100]), 1≤m≤4, and 1.5≤n≤5.
Regarding claim 11, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein M1 (note M1 is not present in the formula and x can be zero) comprises Na, K, Mg, Ag, Cu, Hf, In, Ti, Pb, Sb, Fe, Zr, Zn, Cr, B, Sn, Ge, Si, Zr, Ta, Nb, V, Ga, Al, As, or a combination thereof, M2 (Cl, see [0100]) comprises F, Cl (Cl, see [0100]), Br, I, or a combination thereof, M3 (note M3 is not present, and w can be 0) comprises S.sub.4O.sub.6, S.sub.3O.sub.6, S.sub.2O.sub.3, S.sub.2O.sub.4, S.sub.2O.sub.5, S.sub.2O.sub.6, S.sub.2O.sub.7, S.sub.2O.sub.8, SO.sub.4, SO.sub.5, or a combination thereof.
Regarding claim 12, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above) comprises a compound (argyrodite-type compound, see [0100]) represented by Formula 12, a compound represented by Formula 12-1 (Li.sub.6PS.sub.5Cl, see [0100], see [0147] gives a specific example of using Li.sub.6PS.sub.5Cl), or a compound represented by Formula 13: wherein in Formulae 12 and 13, 0<x≤2, 0<v<0.7, 0<z≤2, and 0<w<0.2, wherein in Formula 12-1, 5≤a<7 (6, see [0100]), 4≤b≤6 (5, see [0100]), and 0<d≤2 (1, see [0100]).
Regarding claim 13, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above) comprises a compound (argyrodite-type compound, see [0100]) represented by Formula 12, a compound represented by Formula 12-1 (Li.sub.6PS.sub.5Cl, see [0100], see [0147] gives a specific example of using Li.sub.6PS.sub.5Cl), or a compound represented by Formula 14: wherein, in Formula 12, 0<x≤2, wherein, in Formula 14, 0<v<0.7 and 0<z≤2, wherein in Formula 12-1, 5≤a<7 (6, see [0100]), 4≤b≤6 (5, see [0100]), and 0<d≤2 (1, see [0100]).
Regarding claim 14, Kwon in view of Hoshina in view of Kunisa in view of Mogi wherein the positive electrode (positive electrode, see [0024]) further comprises a binder (binder, see [0090]), and the binder (binder, see [0090]) comprises at least one of a styrene-butadiene-styrene copolymer, a (meth)acrylic resin, a styrene-butadiene rubber (styrene-butadiene rubber, see [0090]), a poly(tetrafluoroethylene) (polytetrafluoroethylene, see [0090]), a poly(vinylidene fluoride) (polyvinylidene fluoride, see [0090]), a polyethylene (polyethylene, see [0090]), a vinylidene fluoride/hexafluoropropylene copolymer, a poly(acrylonitrile), or a poly(methyl (meth)acrylate).
Regarding claim 15, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches an all-solid secondary battery (all-solid state secondary battery 1, Fig. 2, see [0078]), comprising: the positive electrode (positive electrode 10, Fig. 2, see [0078], see [0074] where the positive electrode of the all solid state battery is a positive electrode mentioned above) of claim 1 (see rejection of claim 1 above); a negative electrode (negative electrode 20, Fig. 2, see [0078]); and a solid electrolyte (solid electrolyte layer 30, Fig. 2, see [0078]) arranged between the positive electrode (positive electrode 10, Fig. 2, see [0078], see [0074]) and the negative electrode (negative electrode 20, Fig. 2, see [0078], see in Fig. 2 30 is between 10 and 20).
Regarding claim 16, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein the negative electrode (negative electrode 20, Fig. 2, see [0078]) comprises a negative current collector (21, Fig. 2, see [0078]) and a first negative active material layer (22, Fig. 2, see [0078]) arranged on the negative current collector (21, Fig. 2, see [0078]), and the first negative active material layer (22, Fig. 2, see [0078]) comprises: a carbon-containing negative active material (carbonaceous negative active material, see [0107]); or a carbon-containing negative active material (carbonaceous negative active material, see [0107]) and a first negative active material (metal or metalloid negative active material, see [0107]) comprising at least one of a metal or a metalloid (metal or metalloid, see [0107]).
Regarding claim 17, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein the carbon-containing negative active material (carbonaceous negative active material, see [0107]) comprises amorphous carbon (amorphous carbon, see [0108]), and the first negative active material (metal or metalloid negative active material, see [0107]) comprises indium, silicon (silicon, see [0109]), gallium, tin (tin, see [0109]), aluminum (aluminum, see [0109]), titanium, zirconium, niobium, germanium, antimony, bismuth (bismuth, see [0109]), gold (gold, see [0109]), platinum (platinum, see [0109]), palladium (palladium, see [0109]), magnesium, silver (silver, see [0109]), zinc (zinc, see [0109]), nickel, iron, cobalt, chromium, cesium, sodium, potassium, calcium, yttrium, tantalum, hafnium, barium, vanadium, strontium, lanthanum, or a combination thereof.
Regarding claim 18, Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches wherein the solid electrolyte (solid electrolyte layer 30, Fig. 2, see [0078]) comprises an oxide-containing solid electrolyte, a sulfide-containing solid electrolyte (sulfide-based solid electrolyte, see [0096]), a polymer electrolyte, or a combination thereof.
Regarding claim 19, Kwon in view of Hoshina in view of Kunisa in view of Mogi method of preparing (preparation of all-solid secondary battery, see [0145]) the all-solid secondary battery (all-solid state secondary battery 1, Fig. 2, see [0078]) of claim 15 (see rejection of claim 15 above), the method (preparation of all-solid secondary battery, see [0145]) comprising: providing (see [0147-0148] a positive electrode is provided) a positive electrode (positive electrode 10, Fig. 2, see [0078], see [0074] where the positive electrode of the all solid state battery is a positive electrode mentioned above) comprising a first positive active material (first positive active material, see [0024]), a second positive active material (second positive active material, see [0024]), a first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above), and a second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above); providing (see [0151] a negative electrode is prepared and therefore provided) a negative electrode (negative electrode 20, Fig. 2, see [0078]); preparing (see [0152] a solid electrolyte layer is prepared) a solid electrolyte (solid electrolyte layer 30, Fig. 2, see [0078]); and arranging the positive electrode (positive electrode 10, Fig. 2, see [0078], see [0074] where the positive electrode of the all solid state battery is a positive electrode mentioned above), the solid electrolyte (solid electrolyte layer 30, Fig. 2, see [0078]), and the negative electrode (negative electrode 20, Fig. 2, see [0078]) to prepare the all-solid secondary battery (all-solid state secondary battery 1, Fig. 2, see [0078]).
Regarding claim 20, Kwon in view of Hoshina in view of Kunisa in view of Mogi fails to teach wherein the providing of the positive electrode comprises: obtaining a first mixture by mixing together the first positive active material, the second positive active material, and the first solid electrolyte; obtaining a second mixture by mixing together the first positive active material, the second positive active material, and the second solid electrolyte; mixing the second mixture with the first mixture, and adding and mixing a conductive agent, a binder, and a solvent thereto.
However, Kwon in view of Hoshina in view of Kunisa in view of Mogi does teach wherein the providing (see [0148] a positive electrode is provided) of the positive electrode (positive electrode 10, Fig. 2, see [0078], see [0074] where the positive electrode of the all solid state battery is a positive electrode mentioned above) comprises: mixing together the first positive active material (first positive active material, see [0024], see [0146] where the first positive active material is mixed), the second positive active material (second positive active material, see [0024], see [0146-0147] the second positive active material is mixed), the first solid electrolyte (first solid electrolyte particles, see [0017] of Hoshina, see modifications above where the solid electrolyte includes the first and second solid electrolyte, see [0147] the solid electrolyte is mixed in), the second solid electrolyte (second solid electrolyte particles, see [0017] of Hoshina, see modifications above where the solid electrolyte includes the second solid electrolyte, see [0147] where the solid electrolyte is mixed in), a conductive additive (conducting agent, see [0147]), a binder (binder, see [0147]), and a solvent (solvent, see [0147]).
Therefore as Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches a method of providing a positive electrode with the same composition as the claimed invention, one of ordinary skill in the art would expect a positive electrode made using the method taught by Kwon in view of Hoshina in view of Kunisa in view of Mogi to be the same as a positive electrode produced using the method of the claimed invention. Therefore the method taught by Kwon in view of Hoshina in view of Kunisa in view of Mogi would be prima facie obvious over the method taught by the claimed invention as it has been held that selection of any order of mixing ingredients is prima facie obvious. Further Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches that modifications can be made (see [0117] of Kwon).
8. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (Pub. No. US 20210280865 A1) in view of Hoshina et al. (Pub. No. US 20140199598 A1) in view of Kunisa et al. (Pub. No. US 20240243350 A1) in view of Mogi et al. (Pub. No. US 20220352500 A1) as applied to claim 1 above, and further in view of Yoshina et al. (Pub. No. US 20200091499 A1).
Regarding claim 5, Kwon in view of Hoshina in view of Kunisa and further in view of Mogi fails to teach wherein the first solid electrolyte and the second solid electrolyte each comprise a plurality of monolith particles.
However, Yoshina teaches wherein solid electrolyte (solid electrolyte particles, see [0067]) each comprise a plurality of monolith particles (primary particles, see [0067] where the solid electrolyte particles are primary particles).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kwon in view of Hoshina in view of Kunisa in view of Mogi such that the first solid electrolyte particles and the second solid electrolyte particles are primary particles as taught by Yoshima to fit in spaces between the active material particles and offer superior rate characteristics and low-temperature characteristics. Further Kwon in view of Hoshina in view of Kunisa in view of Mogi teaches that modifications can be made (see [0117] of Kwon).
Conclusion
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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