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 .
Drawings
The drawings are objected to because there is a typo in Figure 9. The third label reads “Psitive electrode active materials” whereas it should read “Positive electrode active materials”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0018], “can increases” should read as “can increase”.
Table 1 is missing ion conductivity data for Examples 15-19.
In paragraph [0037], there is a disagreement with the list of doping elements which can substitute for M according to Formula (1) and Claim 1. Elements Fe, Ni, Co, Mn, Al, Ga, and In are listed as potential options for M in Paragraph [0037], but the Claims list V, Cr, Mn, Fe, Co, and Ni. It should be noted Paragraph [0036] includes a list of M substitutes which matches the language of the Claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 8 is 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.
Claim 8 recites the limitation "the lithium-ion battery according to claim 4". As the lithium-ion battery is introduced in Claim 5, not in Claim 4, there is insufficient antecedent basis for this limitation in the claim. This rejection may be overcome by changing “claim 4” to “claim 5”. For further examination purposes, Claim 8 was interpreted to refer to Claim 5 and not to Claim 4.
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.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (CN 115332621 A; see machine translation) in view of Luo et al (CN 115566259 A).
Regarding Claims 1-4, Zhang teaches a solid-state electrolyte, comprising halides (halide solid electrolyte; Paragraph [n0006]) represented by the following formula Li2+aZr1-aMaCl6-x-yBrxIy (1) wherein 0<a≤0.6, 0≤x≤6, 0≤y≤6, x+y≤6, and M is selected from at least one of V, Cr, Mn, Fe, Co, and Ni (Li2.5Zr0.5Fe0.5Cl6, Comparative Example 1; Paragraph [n0075]), wherein at least part of the halides have a median particle diameter D50 of 50 nm to 3 μm. Comparative Example 1 teaches a formula wherein M is Fe, and wherein 0.01 ≤ a ≤ 0.5. Zhang does not teach a specific particle size of the halides to fall within the range of 100 nm to 1 µm, however, Luo teaches a ball milling and sintering process which reduces the particle diameter distribution of the halide solid electrolyte to 0.1 – 0.5 µm. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the method of Luo to reduce the particle size of the halide solid electrolyte to increase surface area contact of the particles for the purpose of improving ionic conductivity and cycle stability.
Regarding Claims 5-7, Zhang teaches in view of Luo, the solid-state electrolyte according to claim 1. Furthermore, Zhang teaches a solid-state battery comprising a positive electrode, negative electrode, and an electrolyte layer, wherein the electrolyte layer is comprised of the halide solid electrolyte and the positive electrode is a composite material including active material and the halide solid electrolyte (Paragraphs [n0028 – n0031]. Luo teaches a particle diameter of 0.1 – 0.5 µm.
Regarding Claim 8, Zhang in view of Luo teaches the lithium-ion battery according to claim 5. Luo describes various uses for lithium-ion batteries in the Background section. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to consider mobile phones, computers, electronic toys, and automobiles as examples of electronic apparatuses in which the lithium-ion battery may be used.
References of Interest
Yu et al (CN 117154202 A)
Conclusion
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/KEVIN M KNOWLAN/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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