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 .
This is the initial Office action based on application number 18/527140 filed on 12/1/2023. Claims 1-15 are currently pending and have been considered below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 8, 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 20210050597 A1) in view of Sun et al. (US 20220216507 A1).
Regarding to claims 1-4: Lin et al. disclose a lithium-ion battery (abstract). The lithium-ion battery comprising:
a cathode electrode (equivalent to a positive electrode) (par. 40);
an anode electrode (equivalent to a negative electrode) (par. 40); and
an electrolyte (par. 40) positioned between the cathode electrode and the anode electrode (par. 40), wherein
the cathode electrode includes cathode materials (equivalent to a positive electrode material) (par. 134), the cathode materials include a positive electrode active material (par. 134),
the positive electrode active material includes lithium manganese oxide (e.g., LiMn2O4 and LiMnO2 (equivalent to LixMnyO2, wherein x=1, y=1)) (par. 134), and
the anode electrode includes an alloy as an anode active material (equivalent to a negative electrode active material), the alloy including Ni and Bi (par. 86).
Lin et al. fail to explicitly disclose the positive electrode material includes a first solid electrolyte material. However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises the solid electrolyte material (equivalent to a first solid electrolyte material) and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the solid electrolyte material of Sun et al. into the cathode materials of Lin et al. because Sun et al. teach the solid electrolyte material can improve the energy density of the lithium secondary battery (par. 31).
Regarding to claim 5: Lin et al. disclose the anode electrode includes, as the anode electrode active material, the alloy including Ni and Bi (par. 86).
Regarding to claim 8: Lin et al. disclose Li3Bi as an example of anode active material (par. 29-30).
Regarding to claim 10: Lin et al. disclose an anode current collector (equivalent to a negative electrode current collector) electrically connected to the anode electrode (par. 130), wherein the anode electrode current collector can be Ni foil (par. 130).
Regarding to claim 11: Lin et al. disclose the anode active material can be in coating form (equivalent to a plating layer) (par. 25).
Regarding to claim 12: Lin et al. disclose a lithium ion battery as described above. Lin et al. fail to explicitly disclose the first solid electrolyte material includes: Li; at least one selected from the group consisting of metalloid elements and metal elements except Li; and at least one selected from the group consisting of Cl and Br. However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises the solid electrolyte material (equivalent to a first solid electrolyte material) and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). The solid electrolyte material may be a material represented by LiaMXb, wherein M is one or more of Al, Ho, Ga, In, Sc, Y and La, X is one or more of F, Cl and Br, 0≤a≤10, and 1≤b≤13 (par. 98). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the solid electrolyte material of Sun et al. into the cathode materials of Lin et al. because Sun et al. teach the solid electrolyte material can improve the energy density of the lithium secondary battery (par. 31).
Regarding to claim 13: Lin et al. disclose a lithium ion battery as described above. Lin et al. fail to explicitly disclose formula (4). However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises the solid electrolyte material (equivalent to a first solid electrolyte material) and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). The solid electrolyte material may be a material represented by LiaMXb, wherein M is one or more of Al, Ho, Ga, In, Sc, Y and La, X is one or more of F, Cl and Br, 0≤a≤10, and 1≤b≤13 (par. 98). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the solid electrolyte material of Sun et al. into the cathode materials of Lin et al. because Sun et al. teach the solid electrolyte material can improve the energy density of the lithium secondary battery (par. 31).
Regarding to claim 14: Lin et al. disclose a lithium-ion battery as described above. Lin et al. fail to explicitly disclose formula (4) and the composition of formula (4). However, Sun et al. disclose a solid electrolyte material for a lithium secondary battery (abstract). An electrode (equivalent to a positive electrode) comprises the solid electrolyte material (equivalent to a first solid electrolyte material) and a cathode electrode material (equivalent to a positive electrode active material) (par. 97, 100). The solid electrolyte material can be Li3InCl6 (par. 99). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the solid electrolyte material (Li3InCl6) of Sun et al. into the cathode materials of Lin et al. because Sun et al. teach the solid electrolyte material can improve the energy density of the lithium secondary battery (par. 31).
Claims 6, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 20210050597 A1) in view of Sun et al. (US 20220216507 A1) as applied to claim 1 above, and further in view of Ichikawa (JP 2019164961 A). The English translation of the JP 2019164961 A is attached.
Regarding to claim 6: Lin et al. disclose the alloy including Ni and Bi (par. 86). The combination of Lin et al. and Sun et al. fails to explicitly disclose NiBia (Formula (2)), and the composition formula (2) satisfies 0 < a ≤ 3. However, Ichikawa discloses an alloy for a negative electrode active material (par. 1). The alloy can be NiBi (equivalent to NiBia, wherein a=1) (par. 25-32). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use NiBi of Ichikawa as the alloy of Ni and Bi of Lin et al. because Ichikawa teaches that NiBi can increase the capacity retention rate of the non-aqueous electrolyte energy storage element (par. 31).
Regarding to claim 7: Lin et al. disclose the alloy including Ni and Bi (par. 86). The combination of Lin et al. and Sun et al. fails to explicitly the composition formula (2) satisfies a=1. However, Ichikawa discloses an alloy for a negative electrode active material (par. 1). The alloy can be NiBi (equivalent to NiBia, wherein a=1) (par. 25-32). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use NiBi of Ichikawa as the alloy of Ni and Bi of Lin et al. because Ichikawa teaches that NiBi can increase the capacity retention rate of the non-aqueous electrolyte energy storage element (par. 31).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 20210050597 A1) in view of Sun et al. (US 20220216507 A1) as applied to claim 1 above, and further in view of Inagaki et al. (US 20030124426 A1).
Regarding to claim 9: Lin et al. disclose Li3Bi (equivalent to the composition formula (3) satisfying z = 3) as an example of anode active material (par. 29-30). The combination of Lin et al. and Sun et al. fails to explicitly disclose the composition formula (1) satisfies x = 0 and y = 1. However, Inagaki et al. discloses a nonaqueous electrolyte battery (abstract). The nonaqueous electrolyte battery comprises the positive electrode active material. The examples of the positive electrode active material are manganese dioxide (MnO2) (equivalent to the composition formula (1) satisfying x = 0 and y = 1) , lithium manganese composite oxides (e.g., LiMn2O4 and LiMnO2) (par. 29). Since the prior art of Inagaki et al. recognize the equivalency of MnO2 and LiMnO2 in the field of the positive electrode active material, it would have been obvious to one of ordinary skill in the art at the time of the invention to replace LiMnO2 of Lin et al. with the MnO2 of Inagaki et al. as it is merely the selection of functionally equivalent positive electrode active material. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Claim 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 20210050597 A1) in view of Sun et al. (US 20220216507 A1) as applied to claim 1 above, and further in view of Endo et al. (JPH 08222235 A). The English translation of the JP 2006244734 A is attached.
Regarding to claim 15: Lin et al. disclose an electrolyte layer (par. 40) as described in paragraph 2 above. The combination of Lin et al. and Sun et al. fails to explicitly disclose the electrolyte layer includes a first electrolyte layer and a second electrolyte layer, the first electrolyte layer is positioned between the positive electrode and the negative electrode, and the second electrolyte layer is positioned between the first electrolyte layer and the negative electrode. However, Endo et al. disclose a solid-state battery (par. 1). The solid-state battery comprises a first solid electrolyte (1) on a positive electrode (3) and a second solid electrolyte (2) on a negative electrode (4) (par. 36, 37, fig. 4). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the first electrolyte and the second electrolyte of Endo et al. as the electrolyte layer of Lin et al. because Endo et al. teach that two electrolyte layers can prevent decomposition of solid electrolytes (par. 11).
Conclusion
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/PIN JAN WANG/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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