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 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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (PGPUB 2022/0293955) and further in view of Otsuka et al (USPAT 11667609).
Claim 1: Jang teaches an electrode for a rechargeable lithium battery where the electrode active material is mixed with solid-state electrolyte such the layer includes a crosslinking product of a solvent, curing agent or initiator, lithium salt, and optional liquid solvent [Abstract; Fig 1a-1c]. The slurry to form the all-solid-state battery is taught to have 0% liquid solvent in the resulting electrolyte of the solid-state electrolyte [0090]. The electrolyte is taught to comprise inorganic solid electrolyte particles [0044-048, 0118-0119]. A polymer, applicant’s polymer A, is added in the electrolyte in the form of a mixture, copolymer, semi-interpenetrating network, or simultaneous interpenetrating network with a second polymer [0117] whereby these polymers are made of monomers. Example of a polymer used in combination with other polymers is polyhydroxyethylmethacrylate.
Jang teaches a polymer to be added to the slurry that is an acrylic group [0109-0118] but is silent to teach a polymer with the claimed polysulfide bond-containing monomer and (meth)acrylic acid ester monomer.
Otsuka teaches a novel compound having a specific structure that makes it a great adhesive [Col 1 Ln 9-13] for the use in batteries [Col 2 Ln 58-59, Col 21 Ln 10-20]. The compound of Otsuka is:
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[Col 4 Ln 35-45]. Otsuka teaches compounds with monomer satisfies the instant claimed 0.5mass%-9.5mass% polysufide bond-containing monomer unit and 10.0mass%-95.0mass% methacrylic acid ester monomer [Col 4 Ln 14 – Col 7 Ln 60].
One having ordinary skill at the time of invention would have found it obvious to modify the solid electrolyte battery slurry of Jang to include the compound of Otsuka in a polymer mixture to meet applicant’s polymer A in order to provide a self-healing material that is capable of acting as a dynamic barrier that automatically repairs physical damage through integrated dynamic bonds that can fix micro-cracks, reduce interfacial resistance, and suppress harmful lithium dendrites.
The instant claim is drawn to the slurry composition and therefore intermediate products of the polymer A to be specific to how the monomers are utilized to create the polymer are not limiting to the slurry.
Claim 2: Jang teaches the solvent [0056-0062] to comprise material selected from the group of ketones and esters [0095].
Claim 3-4: Jang is silent to teach the polymer A to include the list of materials of the instant claim.
Otsuka teaches a battery self-healing material that comprises groups from the instant claim to be nitrile group[Col 4 Ln 14 – Col 7 Ln 60]. One having ordinary skill at the time of invention would have found it obvious to modify the solid electrolyte battery slurry of Jang to include the compound of Otsuka in a polymer mixture to meet applicant’s polymer A in order to provide a self-healing material that is capable of acting as a dynamic barrier that automatically repairs physical damage through integrated dynamic bonds that can fix micro-cracks, reduce interfacial resistance, and suppress harmful lithium dendrites.
Claim 5: Jang is silent to teach a polysulfide bond monomer partial structure of formula I.
Otsuka teaches a partial structure of formula I of the instant claim where the n is not less than 1 and not more than 10 [Col 3 Ln19-38]. One having ordinary skill at the time of invention would have found it obvious to modify the solid electrolyte battery slurry of Jang to include the compound of Otsuka in a polymer mixture to meet applicant’s polymer A in order to provide a self-healing material that is capable of acting as a dynamic barrier that automatically repairs physical damage through integrated dynamic bonds that can fix micro-cracks, reduce interfacial resistance, and suppress harmful lithium dendrites.
Claim 6: Jang teaches the inorganic solid electrolyte to include at least a sulfide inorganic solid electrolyte [0119, 0122].
Claim 7: Jang teaches the crosslinking agent and/or initiator to occupy 0.1-50% by weight the reactive additive [0020]. One having ordinary skill in the art at the time of invention would have found it routine and obvious to discover workable ranges and optimize the electrolyte to incorporate the self-healing features of Otsuka while maintaining electrochemical function like ion transport, weight, and stability.
Claim 8: Jang teaches the slurry to further comprise an electrode active material [Fig 1b, 0048, 0061].
Claim 9: Jang teaches a conductive additive added to the slurry [Fig 1B].
Claim 10: Jang teaches forming a solid electrolyte containing layer formed by a slurry composition [Fig 1A-1C].
Claim 11: Jang teaches a battery formed by the material of a slurry and electrolyte containing layer [0070-0090].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J YANCHUK whose telephone number is (571)270-7343. The examiner can normally be reached M-Th 10a-8p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nick Smith can be reached at 571-272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN J YANCHUK/ Primary Examiner, Art Unit 1752
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