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 .
Election/Restrictions
Applicant's election with traverse of Invention I Species A (claims 1-4) in the reply filed on 07/15/2026 is acknowledged.
The traversal is on the ground(s) that the claimed subject matter shares a common inventive concept relating to odor suppression/control in batteries employing halide solid electrolytes, therefore, there is not a serious search or examination burden.
This is not found persuasive because regardless of search method, inventions of different limitations will require different search strategies, and times to consider the relevancy of collective references would increase proportionally as well.
In this case, Invention I does not require the limitations “a casing having an internal space; a power generator disposed in the internal space, and an odorant disposed outside the power generator in the internal space” as is required by Invention II, therefore, would not be searched the same as Invention II. Similarly, Invention II does not require the limitations “at least one layer selected from the group consisting of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer contains a halide solid electrolyte and a sulfide solid electrolyte, and a ratio of the mass of the sulfide solid electrolyte to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer is less than or equal to 1%” or “at least one layer selected from the group consisting of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer contains a halide solid electrolyte and an odorant, and a ratio of the mass of the odorant to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer is less than or equal to 1%”, as is required by Invention I, therefore, would not be searched the same as Invention I.
Further, Species B does not require “at least one layer selected from the group consisting of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer contains a halide solid electrolyte and a sulfide solid electrolyte, and a ratio of the mass of the sulfide solid electrolyte to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer is less than or equal to 1%” as is required by Species A, therefore, would not be searched the same as Species A. Species A does not require “at least one layer selected from the group consisting of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer contains a halide solid electrolyte and an odorant, and a ratio of the mass of the odorant to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer is less than or equal to 1%”, as is required by Species B, therefore, would not be searched the same as Species B.
The requirement is still deemed proper and is therefore made FINAL.
Applicant states on Page 1 of the 07/15/2026 Response to Election/Restriction Filed that “It is believed that claims 1-4 read on the elected species. The Applicant reserves the right to file Divisional Applications on the non-elected claims”.
Therefore, claims 5-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention and Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/15/2026.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kitaura et al (US 20120216394 A1) in view of Sasaki (US 20180316057 A1) in view of Ito et al (US 20180219219 A1).
Regarding claim 1, Kitaura discloses a battery (electrode cell 5 in Figs. 1-2) comprising: a positive electrode active material layer (positive electrode layer 1 in Fig. 2); a negative electrode active material layer (negative electrode layer 3 in Fig. 2); and a solid electrolyte layer located between the positive electrode active material layer and the negative electrode active material layer (solid electrolyte layer 2 in Fig. 2; see entire disclosure and especially P29, 41-42).
Kitaura discloses the positive electrode active material layer can include a positive electrode active material in a range of 30 to 70 wt% and a solid electrolyte in a range of 30 to 70 wt% (see entire disclosure and especially P43, 46, 49). Kitaura discloses the solid electrolyte is not particularly limited as long as it can provide ion conductivity to the positive electrode active material layer (see entire disclosure and especially P47).
However, Kitaura does not disclose wherein the positive electrode active material layer contains a halide solid electrolyte and a sulfide solid electrolyte, and Kitaura does not disclose a ratio of the mass of the sulfide solid electrolyte to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer is less than or equal to 1%.
In a similar field of endeavor, Sasaki teaches a battery including a positive electrode, a negative electrode, and an electrolyte layer including a solid electrolyte material (P97). Sasaki teaches the positive electrode can include a halide solid electrolyte in order to increase ionic conductivity (P112). Sasaki teaches examples of the halide solid electrolyte include Li3InBr6, Li3InCl6, Li2FeCl4, Li2CrCl4, and Li3OCl (P112).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the solid electrolyte used within the positive electrode active material layer of Kitaura to be a halide solid electrolyte (such as Li3InBr6, Li3InCl6, Li2FeCl4, Li2CrCl4, and Li3OCl), given Sasaki teaches this can increase the ionic conductivity of a positive electrode, and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07)),
However, modified Kitaura still does not meet the limitation wherein the positive electrode active material layer contains a sulfide solid electrolyte, and a ratio of the mass of the sulfide solid electrolyte to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer is less than or equal to 1%.
In a similar field of endeavor, Ito teaches an all-solid-sate lithium ion secondary battery including a positive active material composite including a surface coated with a lithium-containing compound layer and a needle-shaped crystal layer of a first sulfide solid electrolyte, which are coated in this stated order (P32, 44). Ito teaches wherein the positive active material composite in the positive electrode active material layer is coated with the first sulfide solid electrolyte in a range of about 0.1 wt% to about 15 wt % based on the total weight of the positive active material particle (P67). Ito discloses, thus, the portion covered with the first sulfide solid electrolyte and the portion not covered with the first sulfide solid electrolyte may be disposed appropriately on a surface of the positive active material composite, and the positive active material composite may have excellent lithium ion conductivity and excellent electron conductivity (P67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Ito and selected the positive electrode active material of modified Kitaura to be or substituted the positive electrode active material of modified Kitaura with the positive active material composite of Ito, given Ito discloses their positive active material composite has excellent lithium ion conductivity and excellent electron conductivity, Ito teaches their positive active material composite used in an all-solid-state lithium ion secondary battery, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07)), and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved (See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.)).
Through this modification, modified Kitaura meets the limitation wherein the positive electrode active material layer contains a sulfide solid electrolyte (the first sulfide solid electrolyte).
Kitaura discloses the positive electrode active material layer can include a positive electrode active material in a range of 30 to 70 wt% (P49), and Ito teaches wherein the positive active material composite in the positive electrode active material layer is coated with the first sulfide solid electrolyte in a range of about 0.1 wt% to about 15 wt % based on the total weight of the positive active material particle (P67).
If the amount of the positive active material composite in the positive electrode active material layer of modified Kitaura is 30 wt% and the first sulfide solid electrolyte is coated in a range of about 0.1 wt% of the positive active material composite, then the amount of the first sulfide solid electrolyte in the positive electrode active material layer is 0.03 wt % (0.1 percent of 30 percent). If the amount of the positive active material composite in the positive electrode active material layer of modified Kitaura is 70 wt% and the first sulfide solid electrolyte is coated in a range of about 15 wt% of the positive active material composite, then the amount of the first sulfide solid electrolyte in the positive electrode active material layer is 10.5 wt % (15 percent of 70 percent).
Therefore, in the positive electrode active material layer of modified Kitaura, the amount of the sulfide solid electrolyte (first sulfide solid electrolyte) is 0.03 wt% to 10.5 wt%.
One of ordinary skill in the art could assume that the mass of each of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer are 100g.
In this case, the total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer would be 300g, and the mass of the sulfide solid electrolyte (first sulfide solid electrolyte) in the positive electrode active material layer would be 0.03g to 10.5g.
If the mass of the sulfide solid electrolyte (first sulfide solid electrolyte) in the positive electrode active material layer is divided by the total mass of the three layers, then multiplied by 100, a person of ordinary skill in the art can get the ratio of the mass of the sulfide solid electrolyte to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer.
Therefore, using this, in modified Kitaura, the ratio of the mass of the sulfide solid electrolyte to a total mass of the positive electrode active material layer, the negative electrode active material layer, and the solid electrolyte layer is 0.01 wt % ((0.03/300)*100) to 3.5 wt % ((10.5/300)*100).
The range of 0.01 wt% to 3.5 wt% overlaps the claimed range of “less than or equal to 1%”, and 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). Similarly, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985).
Regarding claim 2, modified Kitaura’s range of 0.01 wt% to 3.5 wt% overlaps the claimed range of “less than or equal to 0.1%”, and 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). Similarly, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985).
Regarding claim 3, modified Kitaura’s range of 0.01 wt% to 3.5 wt% overlaps the claimed range of “less than or equal to 0.01%”, and 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). Similarly, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985).
Regarding claim 4, Ito teaches examples of the first sulfide solid electrolyte can include Li2S—P2S5, Li2S—P2S5—LiX wherein X is a halogen element, Li2S—P2S5—Li2O—LiI, Li2S—SiS2, Li2S—SiS2—LiI, Li2S—SiS2—LiBr, Li2S—SiS2—LiCl, or Li2S—B2S3 (P64).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Ito and selected the sulfide solid electrolyte of modified Kitaura (first sulfide solid electrolyte) to be Li2S—P2S5, Li2S—B2S3, or Li2S—SiS2, given Ito teaches these are known materials to use for the first sulfide solid electrolyte, the sulfide solid electrolyte of modified Kitaura is the first sulfide solid electrolyte of Ito, and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07)).
Conclusion
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/MARY GRACE HARRIS/Examiner, Art Unit 1729
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