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
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 1-8, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama et al. (U.S. PGPub US 2023/0231124 A1 with Foreign Application Priority Date of July 8th, 2020), hereinafter Sugiyama, in view of Hoshina et al. (U.S. PGPub US 2014/0199598 A1), hereinafter Hoshina.
Regarding claim 1, Sugiyama discloses a positive electrode material comprising: a positive electrode active material (i.e., at least positive electrode material comprising a positive electrode active material as disclosed in [0006], also see [0035], etc.);
a first solid electrolyte (i.e., at least first solid electrolyte as disclosed in [0006], also see [0039]-[0052], etc.); and
a second solid electrolyte (i.e., at least second solid electrolyte as disclosed in [0006], also see [0053]-[0057]).
Sugiyama further discloses in [0044]-[0045] the first solid electrolyte may be a compound represented by the compositional formula LiaMebYcXd, etc., whereby Me is one or more elements selected from the group consisting of Ti, Ca, Mg, Al, and Zr, etc., and X is either or both of Cl or Br, etc., which at least provides the first solid electrolyte contains Li, Ti, M, and X, where M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti, and X is at least one selected from the group consisting of F, Cl, Br, and I, etc., and lacking any further distinction thereof (also see [0039]-[0052], etc.).
However, Sugiyama is silent as to a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50%.
Hoshina teaches (Title). Hoshina further teaches in [0031] the first solid electrolyte particles and the second solid electrolyte particles are preferably formulated in ratios of 10 to 40% by volume of the first solid electrolyte particles and 5 to 25% by volume of the second solid electrolyte particles, etc., which at least provides a ratio range of 28 to 88% (10×100/(10+25) to 40×100/(40+5)), which is a ratio range that overlaps and/or encompasses the claimed range of a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50%, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Hoshina further teaches in [0012] in the electrode for the solid electrolyte secondary battery according to the embodiment, the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama with the teachings of Hoshina, whereby the positive electrode material including the first/second solid electrolyte(s) as disclosed by Sugiyama further includes a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50% as taught Hoshina so that the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles, etc.
Regarding claim 2, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. Hoshina further teaches in [0031] the first solid electrolyte particles and the second solid electrolyte particles are preferably formulated in ratios of 10 to 40% by volume of the first solid electrolyte particles and 5 to 25% by volume of the second solid electrolyte particles, etc., which at least provides a ratio range of 28 to 88% (10×100/(10+25) to 40×100/(40+5)), as discussed above in claim 1, which provides a ratio range that overlaps and/or encompasses the claimed range of the ratio is greater than or equal to 4.8%, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Hoshina further teaches in [0012] in the electrode for the solid electrolyte secondary battery according to the embodiment, the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama with the teachings of Hoshina, whereby the positive electrode material including the first/second solid electrolyte(s) as disclosed by Sugiyama further includes a ratio within the claimed range of the ratio is greater than or equal to 4.8% as taught by Hoshina so that the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles, etc.
Regarding claim 3, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. Hoshina further teaches in [0031] the first solid electrolyte particles and the second solid electrolyte particles are preferably formulated in ratios of 10 to 40% by volume of the first solid electrolyte particles and 5 to 25% by volume of the second solid electrolyte particles, etc., which at least provides a ratio range of 28 to 88% (10×100/(10+25) to 40×100/(40+5)), as discussed above in claim 1, which provides a ratio that overlaps and/or encompasses the claimed range of the ratio is less than or equal to 45%, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Hoshina further teaches in [0012] in the electrode for the solid electrolyte secondary battery according to the embodiment, the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama with the teachings of Hoshina, whereby the positive electrode material including the first/second solid electrolyte(s) as disclosed by Sugiyama further includes the ratio is less than or equal to 45% as taught by Hoshina so that the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles, etc.
Regarding claim 5, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. Sugiyama further discloses in [0010] the second solid electrolyte comprises L and S as constituent elements, which at least provides the second solid electrolyte contains Li and S, lacking any further distinction thereof (also see [0053]-[0057]).
Regarding claim 6, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. Sugiyama further discloses in [0044]-[0045] the first solid electrolyte may be a compound represented by the compositional formula LiaMebYcXd, etc., whereby Me is one or more elements selected from the group consisting of Ti, Ca, Mg, Al, and Zr, etc., and X is either or both of Cl or Br, etc., which at least provides M includes at least one selected from the group consisting of Ca, Mg, Al, Y, and Zr, and lacking any further distinction thereof.
Regarding claim 7, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. Sugiyama further discloses in [0044]-[0045] the first solid electrolyte may be a compound represented by the compositional formula LiaMebYcXd, etc., whereby Me is one or more elements selected from the group consisting of Ti, Ca, Mg, Al, and Zr, etc., and X is either or both of Cl or Br, etc., which at least provides M includes aluminum, and lacking any further distinction thereof.
Regarding claim 8, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. Sugiyama further discloses in [0044]-[0045] the first solid electrolyte may be a compound represented by the compositional formula LiaMebYcXd, etc., whereby Me is one or more elements selected from the group consisting of Ti, Ca, Mg, Al, and Zr, etc., and X is either or both of Cl or Br, etc., which at least provides the first solid electrolyte is represented by Formula 1: Li------αTi--βMyXδ (Formula 1) where α, ß, Y, and δ are each independently a value greater than 0, such that as disclosed in [0042] α, ß, and γ may each independently represent a value greater than 0, which provides values that overlap and/or encompass the claimed range of α, ß, Y, and δ are each independently a value greater than 0, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Regarding claim 12, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. Sugiyama further discloses a positive electrode comprising the positive electrode material according to claim 1 (i.e., at least positive electrode material ref. 10 as disclosed in at least [0034], etc., also see [0064]-[0066]).
However, as discussed above in claim 1, Sugiyama is silent as to a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50%.
Hoshina teaches (Title). Hoshina further teaches in [0031] the first solid electrolyte particles and the second solid electrolyte particles are preferably formulated in ratios of 10 to 40% by volume of the first solid electrolyte particles and 5 to 25% by volume of the second solid electrolyte particles, etc., which at least provides a ratio range of 28 to 88% (10×100/(10+25) to 40×100/(40+5)), which is a ratio range that overlaps and/or encompasses the claimed range of a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50%, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Hoshina further teaches in [0012] in the electrode for the solid electrolyte secondary battery according to the embodiment, the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama with the teachings of Hoshina, whereby the positive electrode material comprising the positive electrode active material including the first/second solid electrolyte(s) as disclosed by Sugiyama further includes a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50% as taught Hoshina so that the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles, etc.
Regarding claim 13, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 12. Sugiyama further discloses a battery comprising the positive electrode according to claim 12 (i.e., at least as shown in Fig. 2, the battery ref. 1000 comprises a positive electrode material layer ref. 100 that is made of the aforementioned positive electrode material ref. 10, etc., as disclosed in at least [0064]-[0066], etc., also see [0034]).
However, as discussed above in claim 1, Sugiyama is silent as to a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50%.
Hoshina teaches (Title). Hoshina further teaches in [0031] the first solid electrolyte particles and the second solid electrolyte particles are preferably formulated in ratios of 10 to 40% by volume of the first solid electrolyte particles and 5 to 25% by volume of the second solid electrolyte particles, etc., which at least provides a ratio range of 28 to 88% (10×100/(10+25) to 40×100/(40+5)), which is a ratio range that overlaps and/or encompasses the claimed range of a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50%, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Hoshina further teaches in [0012] in the electrode for the solid electrolyte secondary battery according to the embodiment, the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama with the teachings of Hoshina, whereby the battery including the positive electrode material comprising the positive electrode active material including the first/second solid electrolyte(s) as disclosed by Sugiyama further includes a ratio of a volume of the first solid electrolyte to a total volume of the first solid electrolyte and the second solid electrolyte is greater than or equal to 4% and less than or equal to 50% as taught Hoshina so that the first solid electrolyte particles located the vicinity of a surface of the active material particles contribute to increase in reaction area, and the second solid electrolyte particles located a gap between the active material particles contribute to long-distance ion conductivity between the active material particles, etc.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama and Hoshina as applied to claim 1, and further in view of Miyazaki et al. (WO2019146216 (A1) and using Machine Translation as English version), hereinafter Miyazaki.
Regarding claim 9, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 1. However, Sugiyama and Hoshina are silent as to a coating layer coating at least a portion of a surface of the positive electrode active material.
Miyazaki further discloses a coating layer coating at least a portion of a surface of the positive electrode active material (i.e., at least [0105] examples of solid electrolytes that can be used as coating materials include LiNbO3, etc., also see [0014-[0016], [0058]-[0060], [0104]-[0108]). Miyazaki further discloses in [0058] when a coating layer containing a coating material is provided on the positive electrode active material, the coating material is interposed between the halogen solid positive electrode active material containing I and the positive electrode active material, and as a result the coating material suppresses the transfer of electrons to and from the halide solid electrolyte, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama and Hoshina with the teachings of Miyazaki, whereby the positive electrode material including the first/second solid electrolyte(s) as disclosed by Sugiyama and Hoshina further includes a coating layer coating at least a portion of a surface of the positive electrode active material so that when a coating layer containing a coating material is provided on the positive electrode active material, the coating material is interposed between the halogen solid positive electrode active material containing I and the positive electrode active material, and as a result the coating material suppresses the transfer of electrons to and from the halide solid electrolyte, etc.
Regarding claim 10, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 9. However, Sugiyama and Hoshina are silent as to the coating layer contains an oxide solid electrolyte having lithium ion conductivity.
Miyazaki further discloses the coating layer contains an oxide solid electrolyte having lithium ion conductivity (i.e., at least [0105] examples of solid electrolytes that can be used as coating materials include LiNbO3, etc., also see [0014-[0016], [0058]-[0060], [0104]-[0108]). Miyazaki further discloses in [0058] when a coating layer containing a coating material is provided on the positive electrode active material, the coating material is interposed between the halogen solid positive electrode active material containing I and the positive electrode active material, and as a result the coating material suppresses the transfer of electrons to and from the halide solid electrolyte, etc.
Since Miyazaki discloses an oxide solid electrolyte (i.e., at least LiNbO3), which is identical and/or substantially identical to that claimed, properties and/or functions such as having lithium ion conductivity are presumed inherent, lacking any further distinction thereof (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977), II., In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama and Hoshina with the teachings of Miyazaki, whereby the positive electrode material including the first/second solid electrolyte(s) as disclosed by Sugiyama and Hoshina further includes the coating layer contains an oxide solid electrolyte having lithium ion conductivity so that when a coating layer containing a coating material is provided on the positive electrode active material, the coating material is interposed between the halogen solid positive electrode active material containing I and the positive electrode active material, and as a result the coating material suppresses the transfer of electrons to and from the halide solid electrolyte, etc.
Regarding claim 11, Sugiyama and Hoshina discloses the positive electrode material as discussed above in claim 9. However, Sugiyama and Hoshina are silent as to the coating layer contains lithium niobate.
Miyazaki further discloses the coating layer contains lithium niobate. (i.e., at least [0105] examples of solid electrolytes that can be used as coating materials include LiNbO3, etc., also see [0014-[0016], [0058]-[0060], [0104]-[0108]). Miyazaki further discloses in [0058] when a coating layer containing a coating material is provided on the positive electrode active material, the coating material is interposed between the halogen solid positive electrode active material containing I and the positive electrode active material, and as a result the coating material suppresses the transfer of electrons to and from the halide solid electrolyte, etc.
Since Miyazaki discloses an oxide solid electrolyte (i.e., at least LiNbO3), which is identical and/or substantially identical to that claimed, properties and/or functions such as having lithium ion conductivity are presumed inherent, lacking any further distinction thereof (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977), II., In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sugiyama and Hoshina with the teachings of Miyazaki, whereby the positive electrode material including the first/second solid electrolyte(s) as disclosed by Sugiyama and Hoshina further includes the coating layer contains lithium niobate so that when a coating layer containing a coating material is provided on the positive electrode active material, the coating material is interposed between the halogen solid positive electrode active material containing I and the positive electrode active material, and as a result the coating material suppresses the transfer of electrons to and from the halide solid electrolyte, etc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Iwasaki et al. (U.S. PGPub US 2016/0013479 A1) discloses a composite active material and method for producing the same (Title), whereby as disclosed in [0012] an electrode active material layer of at least one of the cathode and anode can contain an electrode active material and an electrolyte for electrodes, whereby in this case, as an electrolyte for electrodes, employed can be a solid electrolyte such as a solid oxide electrolyte and a solid sulfide electrolyte, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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