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 Objections
Claims 3, 8-12, 14-19 are objected to because of the following informalities:
Claim 3, line 2: “a group” should read “the group”
Claim 8, line 2: “a group” should read “the group”
Claim 9, line 2: “a group” should read “the group”
Claim 10, line 2: “a group” should read “the group”
Claim 11, line 2: “a group” should read “the group”
Claim 12: line 2: “a group” should read “the group”
Claim 14, line 7: “a group” should read “the group”
Claim 15, lines 4-5: “a group” should read “the group”
Claim 17, lines 5-6: “a group” should read “the group”
Claim 18, line 2: “a group” should read “the group”
Claim 19, line 2: “a group” should read “the group”
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 9 and 18 contain the trademark/trade name Super P. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe conductive additives and, accordingly, the identification/description is indefinite.
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.
Claims 1-6, 11-16, and 20 are rejected under 35 U.S.C 103 as being unpatentable over Ito et al. (WO 2021/241130, "Ito") in view of Li et al. (CN 114784228, "Li").
With respect to claim 1:
Ito discloses an all-solid-state battery 1 comprising a positive electrode 10 (i.e. cathode electrode) and a negative electrode 20 (i.e. anode layer) comprising a negative electrode current collector 21 and a negative electrode active material layer 22 (see paragraph 0043, Fig. 1). Ito discloses that solid-state batteries generally use separators made of solid electrolytes (see paragraph 0015). Ito discloses that the positive electrode 10 comprises of a positive electrode current collector 11 (i.e. cathode current collector) and a positive electrode active material layer 12 (i.e. cathode active layer), which includes a positive electrode active material (see paragraph 0074). Ito discloses the positive electrode active material layer 12 contains solid electrolyte particles (see paragraph 0076). Ito discloses that the negative electrode active material layer contains 95 mass% of silicon content (i.e. silicon layer) (see paragraph 0029), and the layer of silicon can be formed on the negative electrode current collector 21 (see paragraph 0040).
Ito does not disclose the limitation that the silicon layer includes a plurality of concave spherical surfaces.
Li discloses a secondary battery with an anode active material layer 2 that has a recess 23, that is concave, on its surface to increase ion diffusion and alleviate cycling decay (see paragraphs n0005, 0008, n0031). Li discloses that the anode active material layer 2 has a recess 23 that is a groove that is U- shaped (see paragraph n0049).
Therefore, in light of the motivation for using anode active material layer having a plurality of concave, spherical, U-shaped grooves as disclosed by Li as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a plurality of concave, spherical, U-shaped grooves to the silicon layer of Ito in order to increase ion diffusion and alleviate cycle decay.
With respect to claim 2:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
A surface layer necessarily requires the surface to have a surface area. The introduction of a plurality of concave spherical surfaces necessarily requires it to have an increase in surface area because the plurality of concave spherical surfaces increases the surface path length that is longer than the corresponding flat surface. Therefore, the surface area of the silicon layer with a plurality of concave spherical surfaces must have a surface area that is greater than 100% of the corresponding flat surface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing data of the present invention to use silicon layer with surface area, including that presently claimed, in Ito in view of Li to produce an all-solid-state battery cell with desired ion diffusion and decreased cycle decay.
With respect to claim 3:
Ito in view of Li disclose an all-solid-state secondary battery as set forth above.
Ito discloses that the negative electrode current collector 21 contains copper or nickel (see paragraph 0031-0032).
With respect to claim 4:
Ito in view of Li disclose an all-solid-state secondary battery as set forth above.
Ito discloses that the mean roughness (Ra) of the surface of the negative electrode current collector 21 is greater than 0.001 um or more (see paragraph 0060). Ito additionally discloses that the roughness is greater than or equal to 0.01um and less than or equal to 1 um (see paragraph 0060).
With respect to claim 5:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito does not disclose the limitation that the depth of the concave spherical surfaces is in a range from 0.1 um to 20 um.
Li discloses that the depth of the recess 23 is greater than or equal to 5 um and less than or equal to 40 um in order to effectively diffuse ions and electrolytes (see paragraph 0011).
Therefore, in light of the motivation for using concave recesses with specific depth disclosed by Li as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use recesses with a depth greater than or equal to 5 um and less than or equal to 40 um in Ito in order to effectively diffuse ions and electrolytes.
With respect to claim 6:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the thickness of the negative electrode current collector 21 is between 5 um and 50 um (see paragraph 0061).
With respect to claim 11:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the sold electrolyte layer 30 has a sulfide based solid electrolyte including Li2S-P2S5 (i.e. pseudo-binary sulfide) (see paragraph 0066).
With respect to claim 12:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the sulfide based solid electrolyte includes halide solid electrolytes and complex hydride solid electrolytes (see paragraph 0065). Additionally, Ito discloses that the sulfide solid electrolyte can be LiX, such that X includes fluoride, chloride, bromide, and iodide (i.e. halides) (see paragraph 0066).
With respect to claim 13:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito in view of Li do not disclose that the silicon layer is deposited using DC magnetron sputtering
Although Ito in view of Li do not disclose that the silicon layer is deposited using DC magnetron sputtering, it is noted that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”, In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Further, “although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP 2113.
Therefore, absent evidence of criticality regarding the presently claimed process and given that (Ito in view of Li meets the requirements of the claimed process, Ito in view of Li clearly meet the requirements of the present claim.
With respect to claim 14:
Ito discloses an all-solid-state secondary battery cell 1 comprising a positive electrode 10 (i.e. cathode electrode) and a negative electrode 20 (i.e. anode layer) comprising a negative electrode current collector 21 and a negative electrode active material layer 22 (see paragraph 0043, Fig. 1). Ito discloses that solid-state batters generally use separators made of solid electrolytes (see paragraph 0015). Ito discloses that the positive electrode 10 comprises of a positive electrode current collector 11 (i.e. cathode current collector) and a positive electrode active material layer 12 (i.e. cathode active layer), which includes a positive electrode active material (see paragraph 0074). Ito discloses the positive electrode active material layer 12 contains solid electrolyte particles (see paragraph 0076). Ito discloses that the negative electrode active material layer contains 95 mass% of silicon content (i.e. silicon layer) (see paragraph 0029), and the layer of silicon can be formed on the negative electrode current collector 21 (see paragraph 0040). Ito discloses that the mean roughness (Ra) of the surface of the negative electrode current collector 21 is greater than 0.001 um or more (see paragraph 0060). Ito additionally discloses that the roughness is greater than or equal to 0.01um and less than or equal to 1 um (see paragraph 0060). Ito discloses that the sold electrolyte layer 30 has a sulfide based solid electrolyte including Li2S-P2S5 (i.e. pseudo-binary sulfide) (see paragraph 0066).
Ito does not disclose the limitation that the silicon layer includes a plurality of concave spherical surfaces.
Li discloses a secondary battery cell with an anode active material layer 2 that has a recess 23, that is concave, on its surface to increase ion diffusion and alleviate cycling decay (see paragraph n0005, 0008, n0031). Li discloses that the anode active material layer 2 has a recess 23 that is a groove that is U- shaped (see paragraph n0049).
Therefore, in light of the motivation for using anode active material layer having a plurality of concave, spherical, U-shaped grooves as disclosed by Li as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a plurality of concave, spherical, U-shaped grooves to the silicon layer of Ito in order to increase ion diffusion and alleviate cycle decay.
With respect to claim 15:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the negative electrode current collector 21 contains copper or nickel (see paragraph 0031-0032).
A surface layer necessarily requires the surface to have a surface area. The introduction of a plurality of concave spherical surfaces necessarily requires it to have an increase in surface area because the plurality of concave spherical surfaces increases the surface path length that is longer than the corresponding flat surface. Therefore, the surface area of the silicon layer with a plurality of concave spherical surfaces must have a surface area that is greater than 100% of the corresponding flat surface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing data of the present invention to use silicon layer with surface area, including that presently claimed, in Ito in view of Li to produce an all-solid state battery cell with desired ion diffusion and decreased cycle decay.
With respect to claim 16:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito does not disclose the limitation that the depth of the concave spherical surfaces is in a range from 0.1 um to 20 um.
Li discloses that the depth of the recess 23 is greater than or equal to 5 um and less than or equal to 40 um in order to effectively diffuse ions and electrolytes (see paragraph 0011).
Therefore, in light of the motivation for using concave recesses with specific depth disclosed by Li as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use recesses with a depth greater than or equal to 5 um and less than or equal to 40 um in Ito in order to effectively diffuse ions and electrolytes.
With respect to claim 20:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito in view of Li do not disclose that the silicon layer is deposited using DC magnetron sputtering.
Although Ito in view of Li do not disclose that the silicon layer is deposited using DC magnetron sputtering, it is noted that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”, In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Further, “although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP 2113.
Therefore, absent evidence of criticality regarding the presently claimed process and given that Ito in view of Li meets the requirements of the claimed process, Ito in view of Li clearly meet the requirements of the present claim.
Claims 7-10 and 17-19 are rejected under U.S.C 103 as being unpatentable over Ito et al. (WO 2021/241130, "Ito") in view of Li et al. (CN 114784228, "Li") as applied to claim 6 and 16 above, and further in view of Huang et al. (WO 2024/226683 A1, "Huang").
With respect to claim 7:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the positive electrode active material layer 12 contains a solid electrolyte to realize full potential of the battery, a conductive material to improve electronic conductivity, a binder to improve adhesion between particles, and a positive electrode active material to intercalate and release metal ions (see paragraphs 0016, 0076, 0079, 0080).
Ito in view of Li does not disclose the disclosed ranges in the presently claimed invention.
Huang discloses an all-solid-state secondary battery cell with a cathode layer that includes a cathode active material, a solid electrolyte, a conductive additive, and a binder (see paragraph 0012). Huang discloses that the solid electrolyte is in a range that is 1% - 30% by weight of the cathode layer (see paragraph 0090). Huang discloses that cathode active material is in a range that is 20% - 99% by weight of the cathode layer (see paragraph 0087). Huang discloses that the conductive additive is in a range that is 0% - 20% by weight of the cathode layer (see paragraph 0088). Huang discloses that the binder is in a range that is 0% - 20% by weight of the cathode layer (see paragraph 0092).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to use positive electrode material layer in Ito et al. in view of Li et al. that has solid electrolyte in a range that is 1% -30% by weight of the cathode layer, cathode active material in a range that is 20% -99% by weight of the cathode layer, conductive additive in a range that is 0% -20% by weight of the cathode layer and binder in a range that is 0% -20% by weight of the cathode layer in order to produce positive electrode material layer that has desired potential, electronic conductivity, adhesion, and interaction/release of metal ions.
With respect to claim 8:
Ito in view of Li further in view of Huang disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the positive electrode active materials (i.e. cathode active material) include lithium-transition-metal oxides, polyanionic materials (i.e. polyanion cathode) (see paragraph 0076).
With respect to claim 9:
Ito in view of Li further in view of Huang disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the conductive additive includes graphite, carbon blacks, and acetylene black (see paragraph 0080).
With respect to claim 10:
Ito in view of Li further in view of Huang disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the binder includes polytetrafluoroethylene, styrene-butadiene rubber, and carboxymethyl cellulose (see paragraph 0079).
With respect to claim 17:
Ito in view of Li disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the positive electrode active material layer 12 contains a solid electrolyte to realize full potential of the battery, a conductive material to improve electronic conductivity, a binder to improve adhesion between particles, and a positive electrode active material to intercalate and release metal ions (see paragraphs 0016, 0076, 0079, 0080). Ito discloses that the positive electrode active materials (i.e. cathode active material) include lithium-transition-metal oxides, polyanionic materials (i.e. polyanion cathode) (see paragraph 0076).
Ito in view of Li does not disclose the disclosed ranges in the presently claimed invention.
Huang discloses an all-solid-state secondary battery cell with a cathode layer that includes a cathode active material, a solid electrolyte, a conductive additive, and a binder (see paragraph 0012). Huang discloses that the solid electrolyte is in a range that is 1% - 30% by weight of the cathode layer (see paragraph 0090). Huang discloses that cathode active material is in a range that is 20% - 99% by weight of the cathode layer (see paragraph 0087). Huang discloses that the conductive additive is in a range that is 0% - 20% by weight of the cathode layer (see paragraph 0088). Huang discloses that the binder is in a range that is 0% - 20% by weight of the cathode layer (see paragraph 0092).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to use positive electrode material layer in Ito et al. in view of Li et al. that has solid electrolyte in a range that is 1% -30% by weight of the cathode layer, cathode active material in a range that is 20% -99% by weight of the cathode layer, conductive additive in a range that is 0% -20% by weight of the cathode layer and binder in a range that is 0% -20% by weight of the cathode layer in order to produce positive electrode material layer that has desired potential, electronic conductivity, adhesion, and interaction/release of metal ions.
With respect to claim 18:
Ito in view of Li further in view of Huang disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the conductive additive includes graphite, carbon blacks, and acetylene black (see paragraph 0080).
With respect to claim 19:
Ito in view of Li further in view of Huang disclose an all-solid-state secondary battery cell as set forth above.
Ito discloses that the binder includes polytetrafluoroethylene, styrene-butadiene rubber, and carboxymethyl cellulose (see paragraph 0079).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSH J ZACHARIA whose telephone number is (571)272-0580. The examiner can normally be reached Mon - Fri 0800-1700.
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/Joshua J Zacharia/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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