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 .
Claim Interpretation
Claims 1, 6-11, and 20 recite “or” for alternative limitations which are interpreted for each claim as provided below.
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.
(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.
Claim(s) 1-4, 6-7, 9-13, and 16-21 is/are rejected under 35 U.S.C. 102(a)(1) being anticipated by Li et al. [US20200328423A1, as provided on the IDS dated 8/8/24], hereinafter Li.
Regarding Claim 1, Li discloses an anode-solid electrolyte sub-assembly for an all-solid secondary battery [Li abstract and throughout], the anode-solid electrolyte sub-assembly comprising:
an anode current collector [Li 0155 and throughout, Fig. 1, 3 and throughout, anode current collector 1140];
a mixed ionic-electronic conductor structure disposed on a first side of the anode current collector [Li 0155 and throughout, Fig. 1, 3 and throughout, first side 1112 with MIEC 1110], the mixed ionic-electronic conductor structure comprising a mixed ionic-electronic conductor [Li 0017 and throughout], and having a plurality of openings extending along a thickness direction, wherein the plurality of openings has a structure in which at least one end is open [Li 00155-0156, 0169 and throughout, Fig. 1, 3 and throughout, openings 1120 extending in the thickness direction as shown in Fig. 1, 3 with height h from first side 1112 to 1114];
an interlayer disposed on the mixed ionic-electronic conductor structure and opposite the anode current collector [Li 0155, 0171, 0205-0206, 0209, 0248 and throughout, Fig. 1-4 and throughout, The broadest reasonable interpretation of the limitation is that an interfacial structures in contact with or inside the MIEC and this is not in direct contact with the anode current collector meet the limitation. The broadest reasonable interpretation of Li is the interlayer is alkali metal 1300/1310/1320/1330/1340, structures/interfacial materials interacting with 1300/1310/1320/1330/1340 such as LiC6, Li22Si5, Li9Al4, nitrides and Ti, carbon anode materials, and all interfaces as taught throughout. Further, the alkaliphilic coating reads on an interlayer with an interlayer material ZnOx or Al2O3. Thus, Li anticipates the limitation.] ; and
a solid electrolyte disposed on the interlayer and opposite the mixed ionic-electronic conductor structure [Li 0155 and throughout, Fig. 1, 3 and throughout, solid electrolyte 1400],
wherein the interlayer comprises an interlayer material [Li 0155, 0171, 0205-0206, 0209, 0248 and throughout, Fig. 1-4 and throughout, The broadest reasonable interpretation of Li is the interlayer is alkali metal 1300/1310/1320/1330/1340, structures/interfacial materials interacting with 1300/1310/1320/1330/1340 such as LiC6, Li22Si5, Li9Al4, nitrides and Ti, carbon anode materials, and all interfaces as taught throughout. Further, the alkaliphilic coating reads on an interlayer with an interlayer material ZnOx or Al2O3. Thus, Li anticipates the limitation.] the interlayer material comprising
a carbon anode active material [Li embodiment in 0193, 0248 and throughout],
lithium [Li 0204 and throughout],
a mixture of the carbon anode active material, and a second metal, a metalloid, or a combination thereof [Li embodiment in 0193-0206, 0209, 0215, 0236-0243, 0250-0251, 0265 and throughout, i.e., LiC6 reads on carbon anode active material and a second metal (Li); CHT with the alkaliphilic coating ZnOx or Al2O3 coating reads on CHT as carbon where second metal is Zn or Al],
a composite of the carbon anode active material, and the second metal, the metalloid, or a combination thereof [Li embodiment in 0193-0206, 0209, 0215, 0236-0243, 0250-0251, 0265 and throughout, i.e., LiC6 reads on carbon anode active material and a second metal (Li); CHT with the alkaliphilic coating ZnOx or Al2O3 coating reads on CHT as carbon where second metal is Zn or Al],
or a combination thereof [The limitations (A), (B), (C), (D) and (E) are considered as at least one of (A), (B), (C), (D) and (E) are required to meet the claim. In this case, the broadest reasonable interpretation of Li as provided in the recited paragraphs is Li anticipates A-D].
Regarding Claim 2, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the plurality of openings having the structure in which at least one end is open comprises a plurality of open pores providing an empty space [Li abstract, 0163, and discussed throughout, Figs. 1-4 shows the empty space].
Regarding Claim 3, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the plurality of openings having the structure in which at least one end is open has a shape comprising a vertical tube shape extending along the thickness direction [Li abstract, 0163, Figs. 1-4 and throughout] .
Regarding Claim 4, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein at least a portion of the openings comprises the interlayer material [Li 0165-0166, Fig. 1-4, and throughout, where lithium metal/ alkali metal 1300/1310/1320/1330/1340 is the interlayer].
Regarding Claim 6, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the mixed ionic-electronic conductor comprises [Claim 6 is interpreted that any of the listed conductors meets the limitation. Those taught by Li are noted.], a carbon material [Li 0017, 0183, 0193, 0211], silicon[Li 0017, 0193, 0204], aluminum[Li 0017, 0193, 0204], titanium nitride [Li 0017, 0206-0208], nickel [Li 0017, 0206], a lithiated compound of the carbon material [Li 0183, 0193], silicon [Li 0193-0194], aluminum [Li 0193-0194], titanium nitride [Li 0206], nickel [Li 0206].
Regarding Claim 7, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the mixed ionic-electronic conductor comprises a material comprising [Claim 7 is interpreted that any of the listed conductors meets the limitation. Those taught by Li are noted.]: TiN [Li 0017, 0206-0208] a lithiated compound of the material [Li 0206].
Regarding Claim 9, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the second metal is zinc or aluminum [The claim is considered that any of the recited elements meet the limitation. Li teaches zinc or aluminum [Li claim 23, 0209, 0215-0219, 0236-0237, 0250-0251, 0265 and throughout].
Regarding Claim 10, Li discloses the anode-solid electrolyte sub-assembly of claim 2, wherein the plurality of open pores comprises a first metal material, wherein the first metal material is lithium [Claim 10 is interpreted that any of the listed conductors meets the limitation. Li teaches a first metal is lithium [Li 0011 and throughout], a lithium first metal alloy [Li 0193, 0206, Li22Si5 and Li9Al4, where the first metals are Si and Al [Li 0193]; Li5TiN3 [Li 0206]; LiSiNi2 [Li 0206] where the first metals are Ti, Si, and Ni].
Regarding Claim 11, Li discloses the anode-solid electrolyte sub-assembly of claim 10, wherein the first metal is [Claim 11 is interpreted that any of the listed conductors meets the limitation. Those taught by Li are noted.]
silicon and aluminum [Li 0193, 0206]
titanium and nickel [Li 0206]
zinc [Li 0209, 0236-0237, 0265], cesium [Li 0013-0017, Li teaches alkali metals.], sodium, potassium [Li 0013-0017, Li teaches alkali metals.].
Regarding Claim 12, Li discloses the anode-solid electrolyte sub-assembly of claim 1, further comprising a first metal film between the mixed ionic-electronic conductor structure and the interlayer [Li 0209, first metal film the alkaliphilic coating ZnO between the lithium metal (when lithium metal is interpreted as the interlayer) and the MIEC 1110.].
Regarding Claim 13, Li discloses the anode-solid electrolyte sub-assembly of claim 1, further comprising a second metal film between the interlayer and the solid electrolyte [Li 0209, 0236-0237, 0250-0251, 0265, Fig. 3, ZnO or Al2O3 layer on the inner surface of the MIEC as the metal film between the interlayer Li/alkali metal and the solid electrolyte 1400. The broadest reasonable interpretation of Li is, in at least portions of Fig. 3, the ZnO or Al2O3 would be between the lithium/alkali (interpreted as the interlayer) transported through 1200 and solid electrolyte 1400 when lithium/alkali penetrates the pores in as described.].
Regarding claim 16, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the mixed ionic-electronic conductor structure comprises vertical nanotubes extending along the thickness direction [Li 0163 and throughout Fig. 1-4, aligned tubules 1210 within MIEC 1110], wherein the vertical nanotubes have an average diameter of about 5 nanometers to about 200 nanometers [Li 0194-0199, 0232-0234 Li teaches examples with 100 nm width tubules. 0235 Li teaches 200 nm tubules], and the vertical nanotubes have an average length of about 1 micrometer to about 100 micrometers [Li 0191, 0261 Li teaches an example of 20 um and the range of 10 to 100 um, which is considered to anticipate the claimed range.]
Regarding Claim 17, Li discloses an all-solid secondary battery [Li abstract, 0015, 0258 claim 14 and throughout] comprising:
a cathode [Li 0003, 0156-0157, 0258]; and
the anode-solid electrolyte sub-assembly of claim 1 disposed on the cathode [Li as described in claim 1 and Li 0156-0157, 0167, 0258], wherein the solid electrolyte is disposed between the cathode and the anode [Li 0156-0157, 0167, 0258].
Regarding Claim 18, Li discloses the all-solid secondary battery of claim 17, wherein the solid electrolyte comprises [The claim is interpreted that any of the recited oxides meet the limitation. Specifically, Li teaches an oxide solid electrolyte [Li 0018 and throughout PEO], a sulfide solid electrolyte [Li 0018 and throughout LGPS], a polymer electrolyte [Li 0018 and throughout PEO].].
Regarding Claim 19, Li discloses a method of preparing the all-solid secondary battery of claim 17, the method comprising:
providing a mixed ionic-electronic conductor structure [Li 0155 and making of the structure as taught throughout such as 0215, Fig. 1-4 and throughout, first side 1112 with MIEC 1110], the mixed ionic-electronic conductor structure comprising a mixed ionic-electronic conductor [Li 0017 and throughout], and having a plurality of openings extending along a thickness direction, wherein the plurality of openings has a structure in which at least one end is open [Li 00155-0156, 0169 and throughout, Fig. 1-4 and throughout, openings 1120 extending in the thickness direction as shown in Fig. 1 with height h from first side 1112 to 1114];
disposing an interlayer on the mixed ionic-electronic conductor structure to prepare the mixed ionic-electronic conductor structure with the interlayer disposed thereon [Li 0021, 0155, 0171, 0180, 0205-0206, 0209, 0248 and throughout, Figs. 1-4 and throughout, The broadest reasonable interpretation of Li is the interlayer is alkali metal 1300/1310/1320/1330/1340, structures/interfacial materials interacting with 1300/1310/1320/1330/1340 such as LiC6, Li22Si5, Li9Al4, nitrides and Ti, carbon anode materials, and all interfaces as taught throughout. Further, the alkaliphilic coating reads on an interlayer with an interlayer material ZnOx or Al2O3. For example, the plating of lithium [Li 0180 and throughout, Fig. 4] or the alkaliphilic coating reads on disposing an interlayer with an interlayer material ZnOx or Al2O3 [Li 0209]. reads on disposing the interlayer as claimed];
disposing the mixed ionic-electronic conductor structure with the interlayer disposed thereon on an anode current collector to prepare a laminate [Li 0021, 0155-0157, 0170, Figs. 1-4, The broadest reasonable interpretation of the structure of Figs. 1-3 is a laminate.] wherein the mixed ionic-electronic conductor structure is between the interlayer and the anode current collector [Li 0155-0180 and throughout, MIEC 1110 is at least partially between the interlayers 1300/1310/1320/1330/1340 or the alkaliphilic coating interlayer material ZnOx or Al2O3 and current collector 1140 as shown in Figs. 1-4.]
disposing the solid electrolyte on the interlayer of the laminate [Li Figs. 1-4, Li’s interlayer is within walls 1200. Thus, Li’s electrolyte 1400 would be considered on the interlayer. ] and opposite the mixed ionic-electronic conductor structure to form an anode-solid electrolyte sub-assembly [Li 0015 and throughout, Figs. 1-4, The broadest reasonable interpretation of Li is the solid electrolyte is opposite portions of the MIEC. For example, 1400 is opposite end 1112 of the MIEC. ]; and
disposing a cathode on the solid electrolyte of the anode-solid electrolyte sub-assembly and opposite the anode to prepare the all-solid secondary battery [Li 0156-0157, 0167, 0258].
Regarding claim 20, Li discloses the method of claim 19, wherein the disposing of the interlayer on the mixed ionic-electronic conductor structure to prepare the mixed ionic-electronic conductor structure with the interlayer disposed thereon comprises a transfer method [Li 0020-0021, 0167, The broadest reasonable interpretation where the interlayer is the alkali metal is the lithium transport method reads on transfer method.] or a coating method [Li 0209, The broadest reasonable interpretation where the alkaliphilic coating is the interlayer is a coating method. ].
Regarding claim 21, Li discloses the method of claim 19, further comprising further disposing a first metal film between the mixed ionic-electronic conductor structure and the interlayer [Li 0209, The alkaliphilic coating with an interlayer material ZnOx or Al2O3 as a first metal film between MIEC 1110 and lithium/alkali metal.].
Claim(s) 1-2, 4, 6, 9-10, 12-13, 15, and 17-21 is/are rejected under 35 U.S.C. 102(a)(1) being anticipated by De Souza et al [US20200014058A1, as provided on the IDS dated 8/8/2024], hereafter De Souza.
Regarding Claim 1, De Souza discloses an anode-solid electrolyte sub-assembly for an all-solid secondary battery [De Souza abstract 0046-0058 and throughout, Figs. 1-2], the anode-solid electrolyte sub-assembly comprising:
an anode current collector [De Souza 0033-0058 and throughout, Figs. 1-2 anode 10];
a mixed ionic-electronic conductor structure disposed on a first side of the anode current collector [De Souza 0046-0058 and throughout, Figs. 1-2, porous layer 16], the mixed ionic-electronic conductor structure comprising a mixed ionic-electronic conductor [De Souza 0046-0058, 0075-0079 and throughout, Figs. 1-2, 7A, 9A-9C, porous layer 16, PR2], and having a plurality of openings extending along a thickness direction, wherein the plurality of openings has a structure in which at least one end is open [De Souza 0046-0058, 0075-0079 and throughout Figs. 7A, 9A-9C, The broadest reasonable interpretation of De Souza is that the upper portion PR1/PR2 (away from the substrate 50S) is open to permit lithium to enter.];
an interlayer disposed on the mixed ionic-electronic conductor structure and opposite the anode current collector [De Souza 0033-0058, 0075-0079 and throughout, Figs. 1-2, 7A, 9A-9C, PR1 (layer 17) as the interlayer on MIEC PR2 (layer 16) opposite current collector 10 and or plated lithium within 17(PR1)] ; and
a solid electrolyte disposed on the interlayer and opposite the mixed ionic-electronic conductor structure [De Souza 0012, 0033, 0057-0058 and throughout, Figs. 1-2 solid electrolyte 18 on interlayer 17],
wherein the interlayer comprises an interlayer material [De Souza 0033-0058, 0075-0079 and throughout, Figs. 1-2, 7A, 9A-9C, PR1 (layer 17) as the interlayer on MIEC PR2 (layer 16) opposite current collector 10 and or plated lithium within 17(PR1) ] the interlayer material comprising
a carbon anode active material [De Souza 0043 and throughout, carbon-doped silicon based alloy reads on claimed carbon anode active material since it would also be the material used for anode material layer 14],
lithium [De Souza 0033-0058, Figs. 9A-9C],
a mixture of the carbon anode active material, and a second metal, a metalloid, or a combination thereof [De Souza 0043, where the second metal or metalloid is silicon or germanium],
a composite of the carbon anode active material, and the second metal, the metalloid, or a combination thereof [De Souza 0043, where the second metal or metalloid is silicon or germanium ],
or a combination thereof [The limitations (A), (B), (C), (D) and (E) are considered as at least one of (A), (B), (C), (D) and (E) are required to meet the claim. In this case, the broadest reasonable interpretation of De Souza as provided in the recited paragraphs is De Souza anticipates A-D].
Regarding Claim 2, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the plurality of openings having the structure in which at least one end is open comprises a plurality of open pores providing an empty space [De Souza 0033, 0035-0036, 0048 Fig. 7A, 9A-9C The broadest reasonable interpretation of De Souza is the pores in the plurality of openings of PR2/layer 16 are open and provide an empty space . ].
Regarding Claim 4, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, wherein at least a portion of the openings comprises the interlayer material [De Souza 0046-0058, 0075-0079 and throughout Figs. 7A, 9A-9C, The broadest reasonable interpretation of De Souza is that the upper portion PR1/PR2 (away from the substrate 50S) is open to permit lithium to enter. Thus, interlayer material PR1 (17) is considered open.].
Regarding Claim 6, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the mixed ionic-electronic conductor comprises [Claim 6 is interpreted that any of the listed conductors meets the limitation. Those taught by De Souza, including alloys of the recited elements [De Souza 0044] are noted.], a carbon material [De Souza 0043, carbon doping], silicon[De Souza 0043], aluminum[De Souza 0044], titanium nitride [De Souza 0044], titanium carbide [De Souza 0044], tantalum nitride [De Souza 0044], tungsten nitride [De Souza 0044], nickel [De Souza 0044].
Regarding Claim 9, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the second metal is silicon or germanium [De Souza 0043, The claim is considered that any of the recited elements meet the limitation.].
Regarding Claim 10, De Souza discloses the anode-solid electrolyte sub-assembly of claim 2, wherein the plurality of open pores comprises a first metal material, wherein the first metal material is lithium [Claim 10 is interpreted that any of the listed conductors meets the limitation. De Souza teaches a first metal is lithium [De Souza 0048 and throughout].
Regarding Claim 12, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, further comprising a first metal film between the mixed ionic-electronic conductor structure and the interlayer [De Souza 0078, seed layer 52 as the first metal film].
Regarding Claim 13, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, further comprising a second metal film between the interlayer and the solid electrolyte [De Souza 0078-0082, Figs. 1-2, 9C, 9E-F, 10B, second metal layer 54].
Regarding Claim 15, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the plurality of open pores of the mixed ionic-electronic conductor structure has an average pore size, which is greater than an overage pore size of the interlayer [De Souza 0048, size of pores in 16/PR2 is greater than the size of pores in 17/PR1].
Regarding Claim 17, De Souza discloses an all-solid secondary battery [De Souza abstract and throughout] comprising:
a cathode [De Souza 0041 and throughout, Figs. 1-2, cathode 20/22]; and
the anode-solid electrolyte sub-assembly of claim 1 disposed on the cathode [De Souza as described in claim 1 and 0041 and throughout], wherein the solid electrolyte is disposed between the cathode and the anode [De Souza 0057 and throughout, Figs. 1-2].
Regarding Claim 18, De Souza discloses the all-solid secondary battery of claim 17, wherein the solid electrolyte comprises [The claim is interpreted that any of the recited oxides meet the limitation. Specifically, De Souza teaches an oxide solid electrolyte [De Souza 0058], a sulfide solid electrolyte [De Souza 0058], a polymer electrolyte [De Souza 0057].
Regarding Claim 19, De Souza discloses a method of preparing the all-solid secondary battery of claim 17 [De Souza 0086-0093 and throughout], the method comprising:
providing a mixed ionic-electronic conductor structure [De Souza 0046-0058, 0075-0079, 0086-0093 and throughout, Figs. 1-2, 7A, 9A-9C, porous layer 16, PR2], the mixed ionic-electronic conductor structure comprising a mixed ionic-electronic conductor [De Souza 0043-0044], and having a plurality of openings extending along a thickness direction, wherein the plurality of openings has a structure in which at least one end is open [De Souza 0046-0058, 0075-0079 0086-0093, and throughout Figs. 7A, 9A-9C, The broadest reasonable interpretation of De Souza is that the upper portion PR1/PR2 (away from the substrate 50S) is open to permit lithium to enter.];
disposing an interlayer on the mixed ionic-electronic conductor structure to prepare the mixed ionic-electronic conductor structure with the interlayer disposed thereon [De Souza 0046-0058, 0075-0079, 0086-0093 and throughout Figs. 1-2, 7A, 9A-9C, interlayer 17];
disposing the mixed ionic-electronic conductor structure with the interlayer disposed thereon on an anode current collector to prepare a laminate [De Souza 0065, 0086-0093, and throughout, Figs. 1-2, current collector 10 in laminate stack.] wherein the mixed ionic-electronic conductor structure is between the interlayer and the anode current collector [De Souza 0046-0058, 0086-0093 and throughout, Figs. 1-2.]
disposing the solid electrolyte on the interlayer of the laminate [De Souza 0046-0058, 0075-0079, 0086-0093 and throughout Figs. 1-2 ] and opposite the mixed ionic-electronic conductor structure to form an anode-solid electrolyte sub-assembly De Souza 0046-0058, 0075-0079, 0086-0093 and throughout Figs. 1-2]; and
disposing a cathode on the solid electrolyte of the anode-solid electrolyte sub-assembly and opposite the anode to prepare the all-solid secondary battery [De Souza 0046-0058, 0075-0079, 0086-0093 and throughout Figs. 1-2].
Regarding claim 20, De Souza discloses the method of claim 19, wherein the disposing of the interlayer on the mixed ionic-electronic conductor structure to prepare the mixed ionic-electronic conductor structure with the interlayer disposed thereon comprises a transfer method [De Souza 0036-0038, seed layer formation in PR1/17 (ion-plating) reads on a transfer method. Either a transfer method or coating method meets the limitation. De Souza teaches the transfer method.].
Regarding claim 21, De Souza discloses the method of claim 19, further comprising further disposing a first metal film between the mixed ionic-electronic conductor structure and the interlayer [ De Souza 0036-0038, Li plating as disposing the first metal film between MIEC 16/PR2 and 17/PR1 as shown in Figs. 9A-C.].
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.
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.
Claim(s) 5 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li as provided for claim 1 above.
Regarding Claim 5, Li discloses anode-solid electrolyte sub-assembly of claim 1, wherein the mixed ionic-electronic conductor structure has a porosity of about 60 percent or greater [Li 0010 Figs. 6B-6C show the volumetric capacity and gravimetric capacity for various porosities and evidence each are higher for porosities greater that 60%. Thus, Li obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.], the mixed ionic-electronic conductor structure has an average pore size of about 5 nanometers to about 200 nanometers [Li 0163, 0195, 0199, 0216, 231-0232, claim 7 Li teaches less than 300 nm throughout, which obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. Further, Li provides examples of 100 nm [Li 0195, 0199] and 30 nm, 68 nm, 60 nm, 160 nm [Li 0231-0234], which anticipate the claimed range.] and the mixed ionic-electronic conductor structure has a thickness of about 1 micrometer to about 100 micrometers [Li 0191, 0261, claim 8, Li teaches h as the thickness of the structure is 10 to 100 um [Li 0261], which overlaps and obviates the claimed range. Further, Li provide examples of 20 um [Li 0191], which anticipates the range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.] It would have been obvious to one of ordinary skill in the art before the effective filing date to select the claimed ranges from Li’s teaching as described above.
Regarding Claim 14, Li discloses the anode-solid electrolyte sub-assembly of claim 1. Li does not explicitly teach wherein the interlayer has an average pore size of about 0.1 nanometer to about 100 nanometers; however, Li’s interlayer embodiments as described in claim 1 would be within the walls 1200 of MIEC 1110 [Li 0163]. Li teaches the walls are 1 nm to 30 nm [Li 0163]. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide pores in the interlayer within walls 1200 than are smaller than the thickness of the walls, which would require pores less than 30 nm, for the predictable result of a pore sized to accommodate lithium movement within the porous region of Li’s structure [Li 0156] to reduce the formation of dead lithium and/or provide spatially uniform transport of the alkali metal 1300/1310/1320/1330/1340 [LI 0165]. Thus, Li’s structure obviates the claimed range of average pore size. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Regarding Claim 15, Li discloses the anode-solid electrolyte sub-assembly of claim 1 wherein the plurality of open pores of the mixed ionic-electronic conductor structure has an average pore size [Li 0179, 0194-0195, 0199, and throughout, Li teaches less than 300 nm [0179] and further teaches examples where the pore size is 100 nm [0194-0195, 0199, and throughout]. Li does not explicitly teach this pore size is greater than an average pore size of the interlayer; however, Li’s interlayer embodiments as described in claim 1 would be within the walls 1200 of MIEC 1110 [Li 0163]. Li teaches the walls are 1 nm to 30 nm [Li 0163] and provides examples where the wall is 10 nm [LI 0199]; thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide pores in the interlayer within walls 1200 which are smaller than the open pores of the MIEC 1110.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, as provided for claim 1 above, in further view of Lee et al. [US20200136177A1], hereafter Lee.
Regarding claim 8, Li discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the carbon anode active material comprises an amorphous carbon [Li 0183, 0220, and throughout] but is silent to wherein the amorphous carbon is carbon black, acetylene black, furnace black, Ketjen black, graphene, carbon nanotube, carbon nanofiber, or a combination thereof. Lee teaches that amorphous carbons for anode materials such as carbon black, acetylene black, furnace black, ketjen black, graphene, or any suitable amorphous carbon [Lee 0083-0084]. From Lee’s teachings, it would be understood that any of the amorphous carbons recited would be considered art recognized as suitable for use for an anode material. See MPEP 2144.06. It would have been obvious to one of ordinary skill in the art before the effective filing date to select any of Lee’s recited amorphous carbons as the amorphous carbon in Li’s MIEC for the predictable result of an amorphous carbon suitable for an anode material [Li 0183, 0220; Lee 0083-0084].
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Souza as provided for claim 1 above.
Regarding Claim 14, De Souza discloses the anode-solid electrolyte sub-assembly of claim 1, wherein the interlayer has an average pore size of about 0.1 nanometer to about 100 nanometers [De Souza 0048 De Souza teaches the pore size in the interlayer 16 has an average pore opening of less than 3nm [De Souza 0048], which obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
For purpose of compact prosecution, alternative rejection of Claim 14:
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, as provided for claim 1 above, in further view of De Souza et al [US20200014058A1, as provided on the IDS dated 8/8/2024], hereafter De Souza.
Regarding Claim 14, Li discloses the anode-solid electrolyte sub-assembly of claim 1. Li does not explicitly teach wherein the interlayer has an average pore size of about 0.1 nanometer to about 100 nanometers. De Souza teaches an interlayer disposed on a mixed ionic-electronic conductor structure and opposite the anode current collector [De Souza 0033-0058, 0075-0079 and throughout, Figs. 1-2, 7A, 9A-9C, PR1 (layer 17) as the interlayer on MIEC PR2 (layer 16) opposite current collector 10 and or plated lithium within 17(PR1)]and the mixed ionic electronic conductor structure with a MIEC material [De Souza 0033-0058, 0075-0079 and throughout, Figs. 1-2, 7A, 9A-9C, porous layer 16, PR2 as the MIEC]. De Souza further teaches the pore size in the interlayer 16 has an average pore opening of less than 3nm [De Souza 0048], which obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine De Souza’s teaching about pore size with Li’s anode sub assembly for the predictable result of a pore sized to accommodate lithium movement [De Souza 0036] within the porous region of Li’s structure [Li 0156] to reduce the formation of dead lithium and/or provide spatially uniform transport of the alkali metal 1300/1310/1320/1330/1340 [LI 0165].
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/M. T. LEONARD/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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