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 .
Status of Claims and Other Notes
Claims 1–11 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0194862 A1.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 27 February 2024 and 07 April 2025 were filed before the mailing of a first Office Action on the merits. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character 102 has been used to designate both a coating layer (e.g., FIGS. 1 and 3; [0031], [0032], [0036]–[0040], [0048], [0049], [0065], [0086], [0094]) and a first coating layer (e.g., FIG. 2; [0097]–[0099], [0103]–[0105], [0112]). 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. 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 title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: POSITIVE ELECTRODE ACTIVE MATERIAL COATED WITH LITHIUM-TITANIUM-METAL-HALIDE SOLID ELECTROLYTE, POSITIVE ELECTRODE AND BATTERY INCLUDING THE SAME.
The disclosure is objected to because of the following informalities:
Reference character 102 has been used to designate both a coating layer (e.g., [0031], [0032], [0036]–[0040], [0048], [0049], [0065], [0086], [0094]) and a first coating layer (e.g., [0097]–[0099], [0103]–[0105], [0112]). The same reference character should not be used to designate different parts. See 37 CFR 1.84(p)(4).
The use of the term Ketjen black (e.g., [0086]), which is a trade name or a mark used in commerce, has been noted in this application. The term is not accompanied by generic terminology and does not include a proper symbol indicating use in commerce . The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Claims 1–11 are 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 1 recites the limitation "M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti." It is unclear if M excludes both lithium and titanium or only one of lithium and titanium.
Claims 2–9 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–9 are also 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 10 recites the limitation "the positive electrode material according to claim 1" and includes all the limitation of claim 10. Therefore, claim 10 is also 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 11 recites the limitation "the positive electrode according to claim 10" and includes all the limitation of claim 10. Therefore, claim 11 is also 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 Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1–11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sasaki et al. (WO 2019/146216 A1; see English language equivalent, US 2020/0350623 A1; hereinafter Sasaki).
Regarding claim 1, Sasaki discloses a positive electrode material (101, [0028]) comprising:
a positive electrode active material (110, [0144]);
a coating layer (111) containing a first solid electrolyte (111) and coating at least a portion of a surface of the positive electrode active material (110, [0150]); and
a second solid electrolyte (113, [0138]),
wherein the first solid electrolyte (111) contains Li, Ti, M, and X (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]; Me, [0070]),
where M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]), and
X is at least one selected from the group consisting of F, Cl, Br, and I (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]),
the second solid electrolyte (113) is in indirect contact with the positive electrode active material (110, [0151])
with the coating layer (111) disposed between the second solid electrolyte (113) and the positive electrode active material (110, [0151]), and
a percentage of coverage of the surface of the positive electrode active material with the coating layer is greater than or equal to 65% (FIG. 1; [0150], [0151]).
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Sasaki discloses Me may be Zr, Hf, or Ti (Me, [0070]). The species can be "at once envisaged" from the generic disclosure of Sasaki because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Regarding claim 2, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the percentage of coverage is greater than or equal to 69% (FIG. 1; [0150], [0151]).
Regarding claim 3, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the second solid electrolyte (113) contains Li and S (see coating material, [0139]).
Regarding claim 4, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein M includes at least one selected from the group consisting of Ca, Mg, Al, Y, and Zr (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]).
Regarding claim 5, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein M includes aluminum (see coating material, [0139]).
Regarding claim 6, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the first solid electrolyte is represented by Formula 1 LiαTiβMγXδ (Formula 1) (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]; Me, [0071])
where α, β, γ, and δ are each independently a value greater than 0 (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]; Me, [0071]).
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Sasaki discloses Me may be Zr, Hf, or Ti (Me, [0070]). The species can be "at once envisaged" from the generic disclosure of Sasaki because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Regarding claim 7, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the coating layer (111) includes a first coating layer (111) and a second coating layer (111, [0152]),
the first coating layer (111) contains the first solid electrolyte (111, [0150]), and
the second coating layer (111) contains a base material (see oxide solid electrolyte, [0182]), and
the first coating layer (111) is located outside of the second coating layer (111, [0152]).
Regarding claim 8, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the base material contains an oxide solid electrolyte having lithium ion conductivity (see LiNbO3, [0142]).
Regarding claim 9, Sasaki discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the base material contains lithium niobate (see LiNbO3, [0142]).
Regarding claim 10, Sasaki discloses a positive electrode (201) comprising a positive electrode material (101, [0025]), wherein the positive electrode material (101, [0028]) comprises:
a positive electrode active material (110, [0144]);
a coating layer (111) containing a first solid electrolyte (111) and coating at least a portion of a surface of the positive electrode active material (110, [0150]); and
a second solid electrolyte (113, [0138]),
wherein the first solid electrolyte (111) contains Li, Ti, M, and X (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]; Me, [0070]),
where M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]), and
X is at least one selected from the group consisting of F, Cl, Br, and I (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]),
the second solid electrolyte (113) is in indirect contact with the positive electrode active material (110, [0151])
with the coating layer (111) disposed between the second solid electrolyte (113) and the positive electrode active material (110, [0151]), and
a percentage of coverage of the surface of the positive electrode active material with the coating layer is greater than or equal to 65% (FIG. 1; [0150], [0151]).
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Sasaki discloses Me may be Zr, Hf, or Ti (Me, [0070]). The species can be "at once envisaged" from the generic disclosure of Sasaki because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Regarding claim 11, Sasaki discloses a battery (1000) comprising a positive electrode (201) comprising a positive electrode material (101, [0025]), wherein the positive electrode material (101, [0028]) comprises:
a positive electrode active material (110, [0144]);
a coating layer (111) containing a first solid electrolyte (111) and coating at least a portion of a surface of the positive electrode active material (110, [0150]); and
a second solid electrolyte (113, [0138]),
wherein the first solid electrolyte (111) contains Li, Ti, M, and X (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]; Me, [0070]),
where M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]), and
X is at least one selected from the group consisting of F, Cl, Br, and I (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0069]),
the second solid electrolyte (113) is in indirect contact with the positive electrode active material (110, [0151])
with the coating layer (111) disposed between the second solid electrolyte (113) and the positive electrode active material (110, [0151]), and
a percentage of coverage of the surface of the positive electrode active material with the coating layer is greater than or equal to 65% (FIG. 1; [0150], [0151]).
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Sasaki discloses Me may be Zr, Hf, or Ti (Me, [0070]). The species can be "at once envisaged" from the generic disclosure of Sasaki because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Claims 1–4, 6, 7, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsumura et al. (WO 2019/146236 A1; see English language equivalent, US 2020/0350626 A1; hereinafter Matsumura).
Regarding claim 1, Matsumura discloses a positive electrode material (1000, [0122]) comprising:
a positive electrode active material (110, [0122]);
a coating layer (111) containing a first solid electrolyte and coating at least a portion of a surface of the positive electrode active material (110, [0122]); and
a second solid electrolyte (100, [0122]),
wherein the first solid electrolyte (111) contains Li, Ti, M, and X (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]; Me, [0071]),
where M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]), and
X is at least one selected from the group consisting of F, Cl, Br, and I (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]),
the second solid electrolyte (100) is in indirect contact with the positive electrode active material (110, [0123])
with the coating layer (111) disposed between the second solid electrolyte (100) and the positive electrode active material (110, [0123]), and
a percentage of coverage of the surface of the positive electrode active material with the coating layer is greater than or equal to 65% (FIG. 1; [0128], [0129]) .
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Matsumura discloses Me may be Zr, Hf, or Ti (Me, [0071]). The species can be "at once envisaged" from the generic disclosure of Matsumura because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Regarding claim 2, Matsumura discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the percentage of coverage is greater than or equal to 69% (FIG. 1; [0128], [0129]).
Regarding claim 3, Matsumura discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the second solid electrolyte (100) contains Li and S (see second solid electrolyte material, [0112]).
Regarding claim 4, Matsumura discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein M includes at least one selected from the group consisting of Ca, Mg, Al, Y, and Zr (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]).
Regarding claim 6, Matsumura discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the first solid electrolyte is represented by Formula 1 LiαTiβMγXδ (Formula 1) (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]; Me, [0071])
where α, β, γ, and δ are each independently a value greater than 0 (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]; Me, [0071]).
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Matsumura discloses Me may be Zr, Hf, or Ti (Me, [0071]). The species can be "at once envisaged" from the generic disclosure of Matsumura because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Regarding claim 7, Matsumura discloses all the claim limitations as set forth above and further discloses a positive electrode material:
wherein the coating layer (111) includes a first coating layer (111) and a second coating layer (111, [0140]),
the first coating layer (111) contains the first solid electrolyte (111, [0122]), and
the second coating layer (111) contains a base material (111, [0140]), and
the first coating layer (111) is located outside of the second coating layer (111, [0140]).
Regarding claim 10, Matsumura discloses a positive electrode (201) comprising a positive electrode material (1000, [0152]), wherein the positive electrode material (1000, [0122]) comprises:
a positive electrode active material (110, [0122]);
a coating layer (111) containing a first solid electrolyte and coating at least a portion of a surface of the positive electrode active material (110, [0122]); and
a second solid electrolyte (100, [0122]),
wherein the first solid electrolyte (111) contains Li, Ti, M, and X (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]; Me, [0071]),
where M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]), and
X is at least one selected from the group consisting of F, Cl, Br, and I (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]),
the second solid electrolyte (100) is in indirect contact with the positive electrode active material (110, [0123])
with the coating layer (111) disposed between the second solid electrolyte (100) and the positive electrode active material (110, [0123]), and
a percentage of coverage of the surface of the positive electrode active material with the coating layer is greater than or equal to 65% (FIG. 1; [0128], [0129]) .
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Matsumura discloses Me may be Zr, Hf, or Ti (Me, [0071]). The species can be "at once envisaged" from the generic disclosure of Matsumura because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Regarding claim 11, Matsumura discloses a battery comprising a positive electrode (201) comprising a positive electrode material (1000, [0152]), wherein the positive electrode material (1000, [0122]) comprises:
a positive electrode active material (110, [0122]);
a coating layer (111) containing a first solid electrolyte and coating at least a portion of a surface of the positive electrode active material (110, [0122]); and
a second solid electrolyte (100, [0122]),
wherein the first solid electrolyte (111) contains Li, Ti, M, and X (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]; Me, [0071]),
where M is at least one selected from the group consisting of metalloid elements and metal elements other than Li or Ti (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]), and
X is at least one selected from the group consisting of F, Cl, Br, and I (Li3-3δ-aY1+δ-aMeaCl6-xBrx [0070]),
the second solid electrolyte (100) is in indirect contact with the positive electrode active material (110, [0123])
with the coating layer (111) disposed between the second solid electrolyte (100) and the positive electrode active material (110, [0123]), and
a percentage of coverage of the surface of the positive electrode active material with the coating layer is greater than or equal to 65% (FIG. 1; [0128], [0129]) .
A generic disclosure will anticipate a claimed species covered by that disclosure when the species can be "at once envisaged" from the disclosure. See MPEP § 2131.02. Matsumura discloses Me may be Zr, Hf, or Ti (Me, [0071]). The species can be "at once envisaged" from the generic disclosure of Matsumura because Me only needs to be chosen from three options (i.e., Zr, Hf, or Ti).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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