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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on April 23, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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 and 10-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (WO 2021024785 A1, citations from corresponding Published U.S. Patent Application US 20220246983 A1), hereinafter referred to as Suzuki.
Regarding claim 1, Suzuki teaches a positive electrode material (“a positive electrode material”) comprising a positive electrode active material (“a positive electrode active material”) and contains a solid electrolyte (“a first electrolyte that is a solid electrolyte”) (see e.g., paragraph [0106]). Suzuki teaches the solid electrolyte is represented by the following formula (1): A2+aE1-b+aGbDcXd; wherein A is one element selected from the group consisting of Li, K and Na; E is at least one tetravalent element selected from the group consisting of Zr, Hf, Ti and Sn; G is at least one element selected from the group consisting of B, Si, Mg, Ca, Sr, Cs, Ba, Y, Al, Sc, La, Ce, Pr, Nd, Pm, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, Cu, Au, Pb, Bi, In, Sn, Sb, Nb, Ta and W; D is at least one element selected from the group consisting of O, Se and Te; X is at least one selected from the group consisting of F, Cl, Br and I (“wherein the first electrolyte includes Li, Nb, M1, and F, and the M1 is at least one selected from the group consisting of Be, Mg, Ca, Sr, Ba, Sc, Y, Al, Ga, In, Zr, and Sn”) (see e.g., paragraph [0056]).
Regarding claim 10, Suzuki teaches the instantly claimed invention of claim 1, as previously described.
Suzuki teaches G is at least one element selected from the group consisting of B, Si, Mg, Ca, Sr, Cs, Ba, Y, Al, Sc, La, Ce, Pr, Nd, Pm, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, Cu, Au, Pb, Bi, In, Sn, Sb, Nb, Ta and W (“wherein the M1 includes Al”) (see e.g., paragraph [0056]).
Regarding claim 11, Suzuki teaches the instantly claimed invention of claim 10, as previously described.
Suzuki teaches the solid electrolyte is represented by the following formula (1): A2+aE1-b+aGbDcXd; wherein A is one element selected from the group consisting of Li, K and Na; E is at least one tetravalent element selected from the group consisting of Zr, Hf, Ti and Sn; G is at least one element selected from the group consisting of B, Si, Mg, Ca, Sr, Cs, Ba, Y, Al, Sc, La, Ce, Pr, Nd, Pm, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, Cu, Au, Pb, Bi, In, Sn, Sb, Nb, Ta and W; D is at least one element selected from the group consisting of O, Se and Te; X is at least one selected from the group consisting of F, Cl, Br and I (see e.g., paragraph [0056]); therefore, Suzuki meets the claim limitation of “wherein the first electrolyte is represented by the following composition formula (2): Li6−(5−2x)b(Nb1−xM1x)bF6 Formula (2), in the composition formula (2), the M1 is Al, and 0 < x < 1 and 0 < b ≤ 1.2 are satisfied” when A is Li, G is Nb and Al, X is F, a is 1, b is 0, c is 0, and d is 6.
Regarding claim 12, Suzuki teaches the instantly claimed invention of claim 1, as previously described.
Suzuki teaches the solid electrolyte is represented by the following formula (1): A2+aE1-b+aGbDcXd; wherein A is one element selected from the group consisting of Li, K and Na; E is at least one tetravalent element selected from the group consisting of Zr, Hf, Ti and Sn; G is at least one element selected from the group consisting of B, Si, Mg, Ca, Sr, Cs, Ba, Y, Al, Sc, La, Ce, Pr, Nd, Pm, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, Cu, Au, Pb, Bi, In, Sn, Sb, Nb, Ta and W; D is at least one element selected from the group consisting of O, Se and Te; X is at least one selected from the group consisting of F, Cl, Br and I (see e.g., paragraph [0056]); therefore, Suzuki meets the claim limitation of “wherein the M1 includes Al and at least one selected from the group consisting of Mg and Zr” when E is Zr, G is Nb, Al, and optionally Mg.
Regarding claim 13, Suzuki teaches the instantly claimed invention of claim 1, as previously described.
Suzuki teaches the positive electrode active material is not particularly limited as long as the positive electrode active material is capable of reversibly progressing the absorbing and desorbing of lithium ions and the intercalation and deintercalation of lithium ions (“wherein the positive electrode active material includes a material having properties of occluding and releasing lithium ions”) (see e.g., paragraph [0107]).
Regarding claim 14, Suzuki teaches the instantly claimed invention of claim 1, as previously described.
Suzuki teaches examples of the lithium-containing metal oxides for the positive electrode active material includes composite oxides represented by a general formula of LiNxCoyMnzO2 (x + y + z=1) (“wherein the positive electrode active material includes lithium nickel cobalt manganese oxide”) (see e.g., paragraph [0108]).
Regarding claim 15, Suzuki teaches the instantly claimed invention of claim 1, as previously described.
Suzuki teaches the solid electrolyte battery (“a battery”) includes a positive electrode 1 (“a positive electrode”), wherein the positive electrode contains a positive electrode active material and a solid electrolyte as previously described in claim 1 (“wherein the positive electrode includes the positive electrode material according to claim 1”) (see e.g., paragraph [0106]), a negative electrode 2 (“a negative electrode”), and a solid electrolyte layer 3 (see e.g., paragraph [0100]) that is sandwiched between the positive electrode 1 and the negative electrode 2 (“an electrolyte layer disposed between the positive electrode and the negative electrode”) (see e.g., paragraph [0101]).
Regarding claim 16, Suzuki teaches the instantly claimed invention of claim 15, as previously described.
Suzuki teaches the electrolyte layer 3 includes the solid electrolyte as previously described in claim 1 (“wherein the electrolyte layer includes, as a third electrolyte, a material having the same composition as composition of the first electrolyte”) (see e.g., paragraph [0050]).
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 2-8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (WO 2021024785 A1, citations from corresponding Published U.S. Patent Application US 20220246983 A1) in view of Matsumura et al. (Published U.S. Patent Application US 20200350626 A1), hereinafter referred to as Matsumura.
Regarding claim 2, Suzuki teaches the instantly claimed invention of claim 1, as previously described.
Suzuki does not explicitly a second electrolyte having composition different from composition of the first electrolyte.
However, Matsumura teaches a cathode material including a cathode active material, a first solid electrolyte material, and a second solid electrolyte material (“further comprising a second electrolyte having composition different from composition of the first electrolyte”) (see e.g., Abstract). Matsumura teaches the combination of the first solid electrolyte material and the second solid electrolyte in the cathode material increases the charge/discharge efficiency of the battery and suppresses the increase in the reaction overvoltage of the battery (see e.g., paragraph [0120]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the solid electrolyte of Suzuki to further include a second solid electrolyte material, as taught by Matsumura, in order to increase the charge/discharge efficiency of the battery and suppress the increase in the reaction overvoltage of the battery (see e.g., paragraph [0120]).
Regarding claim 3, Suzuki, as modified by Matsumura, teaches the instantly claimed invention of claim 2, as previously described.
Matsumura teaches the weight ratio of the first solid electrolyte and the cathode active material is at a weight ratio of 1:10 (see e.g., paragraph [0194]) and the weight ratio of the second solid electrolyte material to the cathode active material and first solid electrolyte is at a weight ratio of 23:77 (see e.g., paragraph [0195]); therefore, the ratio of the first electrolyte to the positive electrode active material is smaller than the ratio of the second electrolyte to the positive electrode active material (“wherein a ratio of a mass of the first electrolyte to a mass of the positive electrode active material is smaller than a ratio of a mass of the second electrolyte to the mass of the positive electrode active material”) in order to prevent the oxidative decomposition of the cathode active material with the first solid electrolyte, while also improving the output characteristic of the battery with more of the high ion conductivity material of the second solid electrolyte (see e.g., paragraph [0031]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the cathode material comprising the first solid electrolyte and the second solid electrolyte of Suzuki, as modified by Matsumura, to have a ratio of the first electrolyte to the positive electrode active material is smaller than a ratio of the second electrolyte to the positive electrode active material, as taught by Matsumura, in order to prevent the oxidative decomposition of the cathode active material with the first solid electrolyte, while also improving the output characteristic of the battery with more of the high ion conductivity material of the second solid electrolyte (see e.g., paragraph [0031]).
Regarding claim 4, Suzuki, as modified by Matsumura, teaches the instantly claimed invention of claim 2, as previously described.
Matsumura teaches the first solid electrolyte material is coated on the cathode active material and disposed between the cathode active material and the second solid electrolyte material in the cathode material (“wherein the first electrolyte is present between the positive electrode active material and the second electrolyte”) (see e.g., paragraph [0009] and Figure 1) in order to suppress the increase in the reaction overvoltage of the battery (see e.g., paragraph [0031]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the cathode material comprising the first solid electrolyte and the second solid electrolyte of Suzuki, as modified by Matsumura, to have the first solid electrolyte material coating the cathode active material and disposed between the cathode active material and the second solid electrolyte material, as taught by Matsumura, in order to suppress the increase in the reaction overvoltage of the battery (see e.g., paragraph [0031]).
Regarding claim 5, Suzuki, as modified by Matsumura, teaches the instantly claimed invention of claim 2, as previously described.
Matsumura teaches the second solid electrolyte material includes a material having high ion conductivity, such as a compound represented by composition formula (2): Liα’M’β’X’γ’, wherein M′ includes at least one element selected from the group consisting of metalloid elements and metal elements other than Li; X′ includes I and at least one element selected from the group consisting of Cl and Br; M′ may include Y (“wherein the second electrolyte is represented by the following composition formula (1): LiαM2βXγ Formula (1), in the composition formula (1), the α, the β, and the γ are each a value greater than 0, the M2 includes at least one selected from the group consisting of metalloid elements and metal elements other than Li, and the X is at least one selected from the group consisting of F, Cl, Br, and I”) (see e.g., paragraphs [0079]-[0084]) in order to improve the charge/discharge characteristic of the battery (see e.g., paragraph [0088]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the second solid electrolyte of Suzuki, as modified by Matsumura, to be represented by the composition formula Liα’M’β’X’γ, as taught by Matsumura, in order to improve the charge/discharge characteristic of the battery (see e.g., paragraph [0088]).
Regarding claim 6, Suzuki, as modified by Matsumura, teaches the instantly claimed invention of claim 5, as previously described.
Suzuki, as modified by Matsumura, teaches M’ in the composition formula include Y (“wherein the M2 includes Y”) (see e.g., Matsumura paragraph [0084]).
Regarding claim 7, Suzuki, as modified by Matsumura, teaches the instantly claimed invention of claim 5, as previously described.
Suzuki, as modified by Matsumura, teaches where α′, β′, and γ′ are each independently a value greater than zero (see e.g., Matsumura paragraph [0080]) and teaches the second solid electrolyte material may be represented by composition formula (B1): Li6-3dYdX6, where 0 < d < 2 (see e.g., Matsumura paragraphs [0089]-[0090], or composition formula (B2): Li3YX6 (“wherein in the composition formula (1), 2.5 ≤ α ≤ 3, 1 ≤ β ≤ 1.1, and γ = 6 are satisfied”) (see e.g., paragraph [0092]).
Regarding claim 8, Suzuki, as modified by Matsumura, teaches the instantly claimed invention of claim 2, as previously described.
Matsumura teaches a sulfide solid electrolyte may be used as the second solid electrolyte material (“wherein the second electrolyte includes a sulfide solid electrolyte”) (see e.g., paragraph [0112]) because of its high ion conductivity and stability against oxidation and reduction, thereby improving the charge/discharge efficiency of the battery (see e.g., paragraph [0113]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the second solid electrolyte of Suzuki, as modified by Matsumura, to a sulfide solid electrolyte, as taught by Matsumura, in order to improve the charge/discharge efficiency of the battery because of the material’s high ion conductivity and stability against oxidation and reduction (see e.g., paragraph [0113]).
Regarding claim 17, Suzuki teaches the instantly claimed invention of claim 15, as previously described.
Suzuki does not explicitly teach wherein the electrolyte layer includes, as a third electrolyte, a material having composition different from composition of the first electrolyte.
However, Matsumura teaches a battery comprising a cathode with a first solid electrolyte and a second solid electrolyte, an anode, and an electrolyte layer disposed between the cathode and the anode (see e.g., paragraphs [0151]-[0153]). Matsumura teaches the third solid electrolyte material in the electrolyte layer may include a halide solid electrolyte different from the first solid electrolyte material and the second solid electrolyte material (“wherein the electrolyte layer includes, as a third electrolyte, a material having composition different from composition of the first electrolyte”) in order to improve the charge-discharge characteristic of the battery (see e.g., paragraph [0161]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the solid electrolyte layer of Suzuki to include a halide solid electrolyte different from the first solid electrolyte material and the second solid electrolyte material, as taught by Matsumura, in order to improve the charge-discharge characteristic of the battery (see e.g., paragraph [0161]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (WO 2021024785 A1, citations from corresponding Published U.S. Patent Application US 20220246983 A1) in view of Matsumura et al. (Published U.S. Patent Application US 20200350626 A1), and further in view of Sasaki et al. (WO 2019146216, citations from corresponding Published U.S. Patent Application US 20200350623 A1), hereinafter referred to as Sasaki.
Regarding claim 9, Suzuki, as modified by Matsumura, teaches the instantly claimed invention of claim 2, as previously described.
Suzuki, as modified by Matsumura, does not explicitly teach wherein the second electrolyte includes an electrolyte solution, the electrolyte solution including a lithium salt and a solvent.
However, Sasaki teaches a battery including a positive electrode, a negative electrode, and an electrolyte layer, wherein the positive electrode includes a first solid electrolyte material (see e.g., Abstract). Sasaki teaches at least one of the positive electrode 201 includes a non-aqueous electrolyte solution (see e.g., paragraph [0183]), wherein the non-aqueous electrolyte includes a non-aqueous solvent and a lithium salt (“wherein the second electrolyte includes an electrolyte solution, the electrolyte solution including a lithium salt and a solvent”) (see e.g., paragraph [0184]) in order to facilitate the exchange of lithium ions and improve the output characteristic of the battery (see e.g., paragraph [0183]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the positive electrode of Suzuki, as modified by Matsumura, to include a non-aqueous electrolyte solution, wherein the non-aqueous electrolyte includes a non-aqueous solvent and a lithium salt, as taught by Sasaki, in order to facilitate the exchange of lithium ions and improve the output characteristic of the battery (see e.g., paragraph [0183]).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (WO 2021024785 A1, citations from corresponding Published U.S. Patent Application US 20220246983 A1) in view of Sasaki et al. (WO 2019146217 A1, citations from corresponding Published U.S. Patent Application US 20200350624 A1), hereinafter referred to as Sasaki.
Regarding claim 18, Suzuki teaches the instantly claimed invention of claim 15, as previously described.
Suzuki does not explicitly teach wherein the electrolyte layer includes a first electrolyte layer and a second electrolyte layer, the first electrolyte layer is disposed between the positive electrode and the negative electrode, and the second electrolyte layer is disposed between the first electrolyte layer and the negative electrode.
However, Sasaki teaches a battery comprising a cathode, an anode, and electrolyte layer, wherein the electrolyte layer includes a first electrolyte layer and a second electrolyte layer (“wherein the electrolyte layer includes a first electrolyte layer and a second electrolyte layer”) (see e.g., Abstract). Sasaki teaches the first electrolyte layer 101 is disposed between the cathode 201 and the second electrolyte layer 102 (“the first electrolyte layer is disposed between the positive electrode and the negative electrode”) and the second electrolyte layer 102 is disposed between the first electrolyte layer 101 and the anode 202 (“the second electrolyte layer is disposed between the first electrolyte layer and the negative electrode”) (see e.g., paragraph [0013] and Figure 1) in order to improve the charge/discharge efficiency of the battery (see e.g., paragraph [0021]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the electrolyte layer of Suzuki to have a first electrolyte layer disposed between the cathode and anode and a second electrolyte layer disposed between the first electrolyte layer and anode, as taught by Sasaki, in order to improve the charge/discharge efficiency of the battery (see e.g., paragraph [0021]).
Regarding claim 19, Suzuki, as modified by Sasaki, teaches the instantly claimed invention of claim 18, as previously described.
Suzuki, as modified by Sasaki, teaches an electrolyte layer includes the solid electrolyte as previously described in claim 1 (“wherein the first electrolyte layer includes, as a third electrolyte, a material having the same composition as composition of the first electrolyte”) (see e.g., Suzuki paragraph [0050]).
Regarding claim 20, Suzuki, as modified by Sasaki, teaches the instantly claimed invention of claim 18, as previously described.
Sasaki teaches the second electrolyte layer includes a solid electrolyte material which is a material different from the first solid electrolyte material in the first electrolyte layer (“wherein the second electrolyte layer includes, as a third electrolyte, a material having composition different from composition of the first electrolyte”) (see e.g., paragraph [0015]) in order to improve the ionic conductivity and improve the charge/discharge efficiency of the battery (see e.g., paragraph [0098]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the second electrolyte layer of Suzuki, as modified by Sasaki, to include a solid electrolyte material which is a material different from the first solid electrolyte material in the first electrolyte layer, as taught by Sasaki, in order to improve the ionic conductivity and improve the charge/discharge efficiency of the battery (see e.g., paragraph [0098]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stadler et al. (Published U.S. Patent Application US 20110081580 A1) teaches a solid-state lithium secondary battery includes an electrode body including a positive electrode containing positive electrode active material particles and solid electrolyte particle, wherein the solid electrolyte particles contained in the positive electrode and the solid electrolyte particles of the solid electrolyte layer re each composed of a lithium ion conductive material represented by chemical formula Li+(12-n-x)Bn+X2-(6-x)Y-x, wherein Bn+ is at least one selected from P, As, Ge, Ga, Sb, Si, Sn, Al, In, Ti, V, Nb, and Ta, X2- is at least one selected from S, Se, and Te, Y- is at least one selected from F, Cl, Br, I, CN, OCN, SCN, and N3, and 0 ≤ x ≤ 2 (see e.g., Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine N Higgins whose telephone number is (703)756-1196. The examiner can normally be reached Mondays - Thursdays 7:30-4:30 EST, Fridays 7:30 - 11:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHERINE N HIGGINS/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
Prosecution Insights