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 .
Foreign Priority Documents
The German foreign priority document(s) DE 10 2021 128 377.9 , submitted under 35 U.S.C. § 119 (a)-(d), was/were been received on May 10, 2024 and placed of record in the file.
Information Disclosure Statement
The information disclosure statements filed March 12, 2024, August 25, 2025 & May 18, 2026 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
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.
In claim 8, lines 2-4, the empirical formula Li7−3x+y−zAlx MyIIM3−yIII M2−zIVMz VO12±δ where MII comprises one or more divalent cations, MIII comprises one or more trivalent cations, MIV comprises one or more tetravalent cations and MV comprises one or more pentavalent cations. However, the empirical formula relates to an extremely large number of possible compound formula possibilities of hundreds, possibly thousands. In fact, the claims contain so many options or possible permutations and provisos that a lack of clarity and conciseness exist within the meaning of 112 to such an extent as to render the claim vague and indefinite. An appropriate correction is required.
For the purposes of this Office Action, the empirical formula has been carried out for general empirical compounds with divalent, trivalent, tetravalent and pentavalent cations to a reasonable extent possible shown in the art.
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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. EP-3621130-A1.
With respect to claim 1, KIM teaches a lithium ion-conducting material comprising a crystalline phase (Preparation of LLZO Film; Li7La3Zr2O12 (LLZO) powder was obtained by a solid phase method; Preparation Example 1). With respect to claim 2, the amorphous phase comprises Li2O (Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic; DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraph 37) and a glass former selected from the group consisting of SiO2, B2O3, Al2O3, P2O5 and combinations of two or more thereof (Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic; DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraph 37). With respect to claim 4, the lithium ion-conducting material is a glass-ceramic (Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic; DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraph 37). With respect to claim 5, the crystalline phase comprises a main crystal phase, wherein the main crystal phase has a proportion of the crystalline phase of at least 50% by weight and wherein the main crystal phase is in the cubic crystal system (100% LLZO; Preparation Example 1; the LLZO is garnet ceramic which is a cubic system; DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraph 37). With respect to claim 6, the crystalline phase comprises a main crystal phase, wherein the main crystal phase has a proportion of the crystalline phase of at least 50% by weight and wherein the main crystal phase has a garnet structure (100% LLZO; Preparation Example 1; the LLZO is garnet ceramic which is a cubic system; DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraph 37). With respect to claim 7,
the main crystal phase comprises lithium lanthanum zirconate (LLZO) (100% LLZO; Preparation Example 1; the LLZO is garnet ceramic which is a cubic system; DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraph 37). With respect to claim 11, a process for producing comprising the following steps: melting the starting materials (LLZO and Li2CO3 pressed and heat-treated at 1300°C for 4 hours; Preparation Example 1; Examiner Note: it would be reasonable to expect the mixture to be melted including substitutes for Li2CO3 at 1300°C for 4 hours as In accordance with MPEP 2112.01, “[p]roducts of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990); and cooling the melt (heating stopped t 4 hours and thud allowed to let cool; Preparation Example 1). With respect to claim 12, a solid-state lithium ion battery comprising the lithium ion-conducting material of claim 1 (solid electrolyte includes an inorganic lithium ion conductive film in a lithium secondary battery; SUMMARY OF THE INVENTION). With respect to claim 13,in the lithium ion-conducting material is a separator (the solid electrolyte functions as a separator; See Fig. 1).
Although KIM teaches that the LLZO film may include Li2CO3 (Preparation Example 1: Preparation of LLZO Film), the reference does not teach with sufficient specificity: an amorphous phase, wherein the lithium ion-conducting material has a critical current density of more than 0.5 mA/cm2 (claim 1); the content of glass formers based on the total mass of the lithium ion-conducting material is at least 0.05% by weight and wherein the total proportion of SiO2 and P2O5 based on the total mass of glass formers is at least 25% by weight (claim 2); the proportion of SiO2based on the total mass of glass formers is at least 25% by weight (claim 3); the main crystal phase has the empirical formula Li7−3x+y−zAlx MyIIM3−yIII M2−zIV Mz VO12±δ where MII comprises one or more divalent cations, MIII comprises one or more trivalent cations, MIV comprises one or more tetravalent cations and MV comprises one or more pentavalent cations, and where x+z>0, y<1 and δ<0.5 (claim 8); the proportion of Li2O in the amorphous phase is between 0.05% and 5.00% by weight based on the total mass of the lithium ion-conducting material (claim 9); the proportion of the amorphous phase in the lithium ion-conducting material is less than 5% by weight (claim 10).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ an amorphous phase by replacing the Li2CO3 with Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic, in the lithium ion-conducting material of Kim, because teaches the equivalence of Li2CO3 and Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic as inorganic materials to be mixed in the LLZO film, in order to increase conductivity of the lithium ion conductor. See Preparation Example 1 (Li2CO3) and DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraph 37 (Li2CO3 and Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic). Therefore, because these inorganic materials were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic for Li2CO3. See In re Ruff, 256 F.2d 590, 118 USPQ 340 (CCPA 1958). MPEP 2144.06. Additionally, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). With respect to the lithium ion-conducting material having a critical current density of more than 0.5 mA/cm2; it would have been reasonable to expect in the lithium ion-conducting material of Kim, as, “[p]roducts of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01.
With respect to the content of glass formers being based on the total mass of the lithium ion-conducting material is at least 0.05% by weight and wherein the total proportion of SiO2 and P2O5 based on the total mass of glass formers is at least 25% by weight (claim 2); it would have been obvious in the lithium ion-conducting material of Kim, in order to increase conductivity of the lithium ion conductor. Li2CO3 was 5.5 parts by weight based on 100 parts by weight of a total weight of the (LLZO) powder and the Li2CO3. See Preparation Example 1. Thus, with the Li2CO3replacement with Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic, would reasonably be up to 5.5 parts by weight. Therefore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the proportion of SiO2 being based on the total mass of glass formers is at least 25% by weight (claim 3); it would have been obvious in the lithium ion-conducting material of Kim, in order to increase conductivity of the lithium ion conductor. Li2CO3 was 5.5 parts by weight based on 100 parts by weight of a total weight of the (LLZO) powder and the Li2CO3. See Preparation Example 1. Thus, with the Li2CO3replacement with Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic, would reasonably be up to 5.5 parts by weight. Therefore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the main crystal phase having the empirical formula Li7−3x+y−zAlx MyIIM3−yIII M2−zIV Mz VO12±δ where MII comprises one or more divalent cations, MIII comprises one or more trivalent cations, MIV comprises one or more tetravalent cations and MV comprises one or more pentavalent cations, and where x+z>0, y<1 and δ<0.5 (claim 8); it would have been obvious in the lithium ion-conducting material of Kim, in order to increase conductivity of the lithium ion conductor. Kim teaches inorganic lithium ion conductive film may include, for example, at least one compound represented by the Formula 1 or 1a. Formula 1: Li7-xMx1La3-aMa2Zr2-bMb3O12. Formula 1a: Li7-xLa3-aMa2Zr2-bMb3O12; in Formula 1, M1 comprises at least one of gallium (Ga) or aluminum (Al), in Formulas 1 and 1a, M2 comprises at least one of calcium (Ca), strontium (Sr), cesium (Cs), or barium (Ba), M3 includes at least one of aluminum (Al), tungsten (W), niobium (Nb), or tantalum (Ta), and 0≤x<3, 0≤a≤3, and 0≤b<2. See DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraphs 38-42. Therefore, La is a trivalent cation, Zr is a tetravalent cation, Al is a tetravalent cation, Ca, Sr, Ba are divalent cations, W, Nb and Ta are pentavalent. Thus, all cation charges are present. With respect to stoichiometric values, 0≤x<3, 0≤a≤3, and 0≤b<2. See DETAILED DESCRIPTION OF THE EMBODIMENTS, paragraphs 38-42. Therefore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the proportion of Li2O in the amorphous phase being between 0.05% and 5.00% by weight based on the total mass of the lithium ion-conducting material (claim 9); it would have been obvious in the lithium ion-conducting material of Kim, in order to increase conductivity of the lithium ion conductor. Li2CO3 was 5.5 parts by weight based on 100 parts by weight of a total weight of the (LLZO) powder and the Li2CO3. See Preparation Example 1. Thus, with the Li2CO3replacement with Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic, would reasonably be up to 5.5 parts by weight. Therefore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the proportion of the amorphous phase in the lithium ion-conducting material being less than 5% by weight (claim 10); it would have been obvious in the lithium ion-conducting material of Kim, in order to increase conductivity of the lithium ion conductor. Li2CO3 was 5.5 parts by weight based on 100 parts by weight of a total weight of the (LLZO) powder and the Li2CO3. See Preparation Example 1. Thus, with the Li2CO3replacement with Li2O-Al2O3-SiO2-P2O5-TiO2-GeO2-based ceramic, would reasonably be up to 5.5 parts by weight. Therefore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Raj et al US-20210265658-A1, teaches LLZO and alumina. See paragraph [0053]. KIM et al US-20190044186-A1, teaches LLZO and alumina. See paragraph [0077].
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Monique Wills whose telephone number is (571) 272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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