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 .
Claims 1-20 are currently pending and have been considered below.
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 12, 13 and 18 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.
Regarding Claim 12: The limitation “wherein the first external solid electrolyte layer and the second external solid electrolyte layer are in contact with each other so that the first external solid electrolyte layer and the second external solid electrolyte layer are not mixed with each other and are not physically separated from each other”. Is unclear in scope because it is not reasonably clear what degree of mixing is encompassed by the phrase “not mixed with each other”. It is unclear whether the claim excludes any interdiffusion at the interface, excludes only complete mixing or merely requires that the layers remain compositionally distinguishable.
Consequently, the metes and bounds of the claim cannot be determine with reasonable certainty.
Regarding Claim 13: The claim improperly recites “method of claim 11” rather than “The method of claim 11”. The omission of the definite article “the” renders the claim grammatically incomplete and fails to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Appropriate correction would be to amend the preamble to recite “The method of claim 11”.
Regarding Claim 18: The limitation “the drying is performed at about 50 ℃ to about 150 ℃” is unclear. Claims 16 and 17 recite separate drying operations for forming the first external solid electrolyte layer and the second external solid electrolyte layer, respectively. Therefore, it is unclear which drying operation is being limited by the recited temperature range or whether the limitation applies to both drying operations.
Accordingly, the metes and bounds of the claim cannot be determined with reasonable certainty.
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.
Claims 1-9, 11, 13-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20210344044 A1) in view of Kim (US11322740 B2).
Regarding Claim 1: Lee discloses a method of manufacturing an all-solid-state battery comprising forming a positive electrode stack and a negative electrode stack, applying a first electrolyte slurry to the positive electrode stack and a second electrolyte slurry to the negative electrode stack, bringing the slurry layers into contact such that they face each other, drying the slurry layers to form first and second external solid electrolyte layers, and pressing the laminate to manufacture the all-solid-state battery (paragraph [0045]- [0052]).
Lee does not disclose that the first external solid electrolyte layer and the second external solid electrolyte layer comprise sulfide-based solid electrolytes having a different chemical composition.
Kim discloses a first electrolyte layer positioned toward the cathode, a second electrolyte layer positioned toward the anode, wherein the first electrolyte layer and the second electrolyte layer are formed of different materials from each other, wherein the first ion conductive ceramic particles are different from the second ion conductive ceramic particles and both first and second electrolyte layers may include lithium sulfide-based ceramic particles and sodium sulfide-based ceramic particles (col. 2, line 24-34; claim 10).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee’s first and second external solid electrolyte layers with different electrolyte compositions because Kim recognized that the electrolyte composition adjacent each electrode may be independently selected according to the functional requirements of the respective electrode. See Kim col. 2, line 44-49.
Regarding Claim 2: Lee discloses all the limitations of claim 1 as set forth above. Lee does not disclose that the first external solid electrolyte layer and the second external solid electrolyte layer are in contact with each other so that the first external solid electrolyte layer and the second external solid electrolyte layer are not mixed with each other and are not physically separated from each other.
Kim discloses a composite electrolyte having a multilayer structure including a first electrolyte layer positioned toward the cathode and a second electrolyte layer positioned toward the anode, wherein the first electrolyte layer and the second electrolyte layer are formed of different materials from each other while remaining laminated together as adjacent layers in a multilayer electrolyte structure (claim 10, Fig. 1-2)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee by maintaining the first external solid electrolyte layer and the second external electrolyte as adjacent laminated layers formed of different material as taught by Kim because Kim teaches that a single electrolyte cannot simultaneously satisfy the different characteristics required at the cathode and anode, and therefore teaches forming a separate electrolyte layers of different material in a laminated multilayer structure to simultaneously satisfy the characteristics of both electrodes while improving the stability and electrochemical characteristics of the secondary battery. See Kim col. 1, line 65-67; col. 2, line 1-3.
Regarding Claim 3: Lee discloses all the limitations as set forth above. Lee further discloses that the sulfide-based solid electrolyte used in the first and second electrolyte slurries may comprise a sulfide solid electrolyte. Specifically, Lee identifies argyrodite compounds as suitable sulfide solid electrolytes for the electrolyte layers and provides representative argyrodite compositions (paragraph [0044], [0045], [0056]).
Accordingly, Lee teaches the limitations of claim 3.
Regarding Claim 4: Lee discloses all the limitations as set forth above. Lee further discloses that the positive electrode includes a positive active material, a sulfide-based solid electrolyte and optionally a conductive material and a binder (paragraph [0033]). Thus, Lee teaches that the positive electrode stack comprises both a positive electrode active material and a first internal solid electrolyte.
Accordingly, Lee teaches the limitations of claim 4.
Regarding Claim 5: Lee discloses all the limitations as set forth above. Lee further discloses that the negative electro stack comprises a negative-electrode active material and a sulfide-based solid electrolyte incorporated into the negative electrode com position. Lee explains that the negative electrode includes a negative active material together with a sulfide-based solid electrolyte and, optionally, a conductive material and a binder, thereby forming an internal solid electrolyte within the negative electrode stack. Lee teaches a negative electrode attack comprising both a negative electrode active material and a second internal solid electrolyte.
Accordingly, Lee teaches the limitations of claim 5.
Regarding Claim 6: Lee discloses all the limitations as set forth above. Lee discloses that the sulfide-based solid electrolyte used in the batter may comprise specific sulfide electrolyte compounds including
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5
and
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7
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6
(paragraph [0044]- [0045]).
L
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6
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5
falls within the scope of the compound represented by Chemical Formula 1, Lee teaches that each of the first internal solid electrolyte and the first external solid electrolyte independently comprise a compound represented by Chemical Formula 1.
Therefore, Lee teaches the additional limitation of claim 6.
Regarding Claim 7: Lee discloses all the limitations as set forth above. Lee discloses that the sulfide-based solid electrolyte used in the batter may comprise specific sulfide electrolyte compounds including
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6
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5
and
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6
(paragraph [0044]- [0045]).
L
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7
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6
falls within the scope of the compound represented by Chemical Formula 2, Lee teaches that each of the first internal solid electrolyte and the first external solid electrolyte independently comprise a compound represented by Chemical Formula 2.
Therefore, Lee teaches the additional limitation of claim 7.
Regarding Claim 8: Lee discloses all the limitations as set forth above. Lee further discloses that the positive electrode active material comprises lithium nickel oxide (LiNiO2) (paragraph [0045]), which reads on the compound represented by Chemical Formula 3.
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955
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Greyscale
Therefore, LiNiO2 satisfies the composition requirements of Chemical Formula 3.
Regarding Claim 9: Lee discloses all the limitations as set forth above. Lee discloses that the negative electrode active material may comprise graphite or lithium titanium oxide (paragraph [0040]), and at least one selected from: carbon such as non-graphitizable carbon, graphitic carbon, or the like; metal composite oxides carbonaceous material and/or Si (paragraph [0044]). Lee therefore teaches a negative electrode active material comprising SiOx and graphite.
Accordingly, Lee teaches the limitations of claim 9.
Regarding Claim 11: Lee discloses a method of manufacturing an all-solid state battery comprising forming a positive electrode stack including a positive electrode and a first external solid electrolyte layer disposed on at least one surface of the positive electrode, forming a negative electrode stack including a negative electrode and a second external solid electrolyte layer disposed on at least one surface of the negative electrode, contacting the first external solid electrolyte layer and the second external layer so that they face each other and rolling the positive electrode stack and the negative electrode stack to manufacture the all-solid-state battery (paragraph [0007], [0030]).
Lee does not disclose that the first external solid electrolyte layer and the second external solid electrolyte layer comprise sulfide-based solid electrolytes having a different chemical composition.
Kim discloses a first electrolyte layer positioned toward the cathode, a second electrolyte layer positioned toward the anode, wherein the first electrolyte layer and the second electrolyte layer are formed of different materials from each other, wherein the first ion conductive ceramic particles are different from the second ion conductive ceramic particles and both first and second electrolyte layers may include lithium sulfide-based ceramic particles and sodium sulfide-based ceramic particles (claim 10).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee’s first and second external solid electrolyte layers with different electrolyte compositions because Kim recognized that the electrolyte composition adjacent each electrode may be independently selected according to the functional requirements of the respective electrode. See Kim col. 2 line 44-49.
Regarding Claim 13: Lee discloses all the limitations as set forth above. Lee further discloses that the sulfide-based solid electrolyte used in the first and second electrolyte slurries may comprise a sulfide solid electrolyte. Specifically, Lee identifies argyrodite compounds as suitable sulfide solid electrolytes for the electrolyte layers and provides representative argyrodite compositions (paragraph [0044], [0045], [0056]).
Accordingly, Lee teaches the limitations of claim 13.
Regarding Claim 14: Lee discloses all the limitations as set forth above. Lee further discloses that the positive electrode includes a positive active material, a sulfide-based solid electrolyte and optionally a conductive material and a binder (paragraph [0033]). Thus, Lee teaches that the positive electrode stack comprises both a positive electrode active material and a first internal solid electrolyte.
Accordingly, Lee teaches the limitations of claim 14.
Regarding Claim 15: Lee discloses all the limitations as set forth above. Lee further discloses that the negative electro stack comprises a negative-electrode active material and a sulfide-based solid electrolyte incorporated into the negative electrode com position. Lee explains that the negative electrode includes a negative active material together with a sulfide-based solid electrolyte and, optionally, a conductive material and a binder, thereby forming an internal solid electrolyte within the negative electrode stack. Lee teaches a negative electrode attack comprising both a negative electrode active material and a second internal solid electrolyte.
Accordingly, Lee teaches the limitations of claim 15.
Regarding Claims 16 and 17: Lee discloses all the limitations as set forth above. Lee further discloses that forming the positive electrode stack includes applying an electrolyte slurry onto at least one surface of the positive electrode and drying the applied slurry to form the first external solid electrolyte layer. Lee further teaches that the electrolyte slurry includes a sulfide-based solid electrolyte, a binder and a dispersing medium (solvent).
Accordingly, Lee teaches the limitations of claims 16 and 17.
Regarding Claim 20: : Lee discloses a method of manufacturing an all-solid state battery comprising forming a positive electrode stack including a positive electrode and a first external solid electrolyte layer disposed on at least one surface of the positive electrode, forming a negative electrode stack including a negative electrode and a second external solid electrolyte layer disposed on at least one surface of the negative electrode, contacting the first external solid electrolyte layer and the second external layer so that they face each other and rolling the positive electrode stack and the negative electrode stack to manufacture the all-solid-state battery (claim 1)
Lee further discloses that each electrode may comprise an electrode active material layer containing an electrode active material and a solid electrolyte, thereby teaches the claimed first and second internal solid electrolytes ([0008]). Lee also teaches that the solid electrolyte contained in the electrode and the solid electrolyte membrane may comprise a sulfide-based solid electrolyte ([0013]).
Lee additionally states that the same solid electrolyte may be used for at least two battery elements ([0051]).
Lee does not disclose that the first external solid electrolyte layer and the second external solid electrolyte layer comprise sulfide-based solid electrolytes having a different chemical composition.
Kim discloses a first electrolyte layer positioned toward the cathode, a second electrolyte layer positioned toward the anode, wherein the first electrolyte layer and the second electrolyte layer are formed of different materials from each other, wherein the first ion conductive ceramic particles are different from the second ion conductive ceramic particles and both first and second electrolyte layers may include lithium sulfide-based ceramic particles and sodium sulfide-based ceramic particles (claim 10).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee by employing different electrolyte compositions on the cathode and anode sides as taught by Kim because Kim teaches that the electrolyte material exhibit different characteristics at the respective electrodes and that employing different electrolyte materials at the cathode and anode sides improve stability and electrochemical characteristics whole satisfying the different requirements of the cathode and anode. See Kim col. 4, line 54-61.
Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20210344044 A1) and Kim (US11322740 B2) as applied to claim 1 and 11 above, and further in view of Kaga et al. (US20180309167 A1).
Regarding Claim 10: Lee discloses all the limitations as set forth above in claim 1. Lee further teaches that the solid electrolyte contained in the electrode and the solid electrolyte membrane may comprise a sulfide-based solid electrolyte and that the same solid electrolyte may be used for at least two battery elements (paragraph [0045]- [0052]).
Lee does not disclose that the first external solid electrolyte layer and the second external solid electrolyte layer comprise sulfide-based solid electrolytes having a different chemical composition.
Kim discloses a first electrolyte layer positioned toward the cathode, a second electrolyte layer positioned toward the anode, wherein the first electrolyte layer and the second electrolyte layer are formed of different materials from each other, wherein the first ion conductive ceramic particles are different from the second ion conductive ceramic particles and both first and second electrolyte layers may include lithium sulfide-based ceramic particles and sodium sulfide-based ceramic particles (col. 2, line 24-34; claim 10).
Kaga further teaches an all-solid state battery in which the inorganic solid electrolytes contained in the positive electrode active material layer, the negative electrode active material layer and the solid electrolyte layer maybe selected to be identical or different and further teaches sulfide-based inorganic solid electrolytes having different compositions (abstract, paragraph [0009])
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee by employing different sulfide-based solid electrolyte compositions on the cathode side and the anode side while using the same sulfide-based solid electrolyte composition within the electrolyte layer because Kaga teaches that the solid electrolytes used in the electrode active material layers and the solid electrolyte layer may be selected to be identical or different, thereby providing flexibility in selecting corresponding electrolyte compositions for the respective battery elements. See Kaga [0009], and [0046].
Regarding Claim 19: Lee discloses all the limitations as set forth above in claim 11. . Lee further teaches that the solid electrolyte contained in the electrode and the solid electrolyte membrane may comprise a sulfide-based solid electrolyte and that the same solid electrolyte may be used for at least two battery elements (paragraph [0045]- [0052]). Lee also teaches that the same solid electrolyte may be used for at least two battery elements ([0051]), thereby suggesting the use of a common solid electrolyte composition in multiple battery components.
Lee does not disclose that the first external solid electrolyte layer and the second external solid electrolyte layer comprise sulfide-based solid electrolytes having a different chemical composition.
Kim discloses a first electrolyte layer positioned toward the cathode, a second electrolyte layer positioned toward the anode, wherein the first electrolyte layer and the second electrolyte layer are formed of different materials from each other, wherein the first ion conductive ceramic particles are different from the second ion conductive ceramic particles and both first and second electrolyte layers may include lithium sulfide-based ceramic particles and sodium sulfide-based ceramic particles (col. 2, line 24-34; claim 10).
Kaga further teaches an all-solid state battery in which the inorganic solid electrolytes contained in the positive electrode active material layer, the negative electrode active material layer and the solid electrolyte layer maybe selected to be identical or different and further teaches sulfide-based inorganic solid electrolytes having different compositions (abstract, paragraph [0009])
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee by employing different sulfide-based solid electrolyte compositions on the cathode side and the anode side while using the same sulfide-based solid electrolyte composition within the electrolyte layer because Kaga teaches that the electrolytes in the electrode active material layers and the solid electrolyte layer may appropriately be selected to be identical or different, depending on the desired battery design. See Kaga [0009], and [0046].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHALY M RESTO OQUENDO whose telephone number is (571)895-1575. The examiner can normally be reached 8am-5pm.
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/NMRO/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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