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 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.
Claim(s) 1 to 3 and 13 to 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3869584 and further in view of ISOJIMA et al (US2021/0184251).
Regarding claim 1,
Referring to FIGS. 1 to 4, an all-solid secondary battery 1, a cathode layer 10 including a cathode active material layer 12 and a cathode current collector 11 including a solid electrolyte [0026]. Where the cathode active material may include a sulfide-containing composite [0088]. The cathode active material may include a coating layer [0082], however is not a carbon coating layer.
In the same field of endeavor, electrode composition, ISOJIMA teaches that as the conductor layer between the current collector and the electrode active material, a carbon coating layer is preferable [0391]. It would have been obvious to one of ordinary skill in the art at the time to select a carbon material to form the coating layer because Isojima teaches that the carbon coating is a conductor layer [0391]. The carbon provides electrical conductivity and can thereby facilitate electron transport through the coated cathode. Carbon provides a known advantage, making the selection a predictable alternative to the coating materials.
Regarding claim 2 and 3, EP’9584 doesn’t teaches:
The thickness of the carbon coating material or the composition of the carbon coating material.
In the same field of endeavor, electrode composition, ISOJIMA teaches that e carbon coating layer is a layer including carbon particles. Specific examples of the carbon particles include DENKA BLACK, carbon black, carbon nanotubes, and graphite [0392-0394], where the thickness of the carbon coating layer is preferably 0.1 μm to 20 μm and more preferably 0.5 μm to 10 μm [0413]. It would have been obvious to one of ordinary skill in the art at the time to use the composition and the thickness range disclosed by Isojima because according to the teaches, these materials and thickness are suitable for the carbon coating in the all-solid battery.
Regarding claim 13, EP’9584 teaches:
The sulfide-containing solid electrolyte may be, for example, at least one of Li2 S-P2 S5 , Li2 S-P2 S5 -LiX (wherein X is a halogen), Li2 S-P2 S5 -Li2 O, Li2 S-P2 S5 -Li2 O-LiI, Li2 S-SiS2 , Li2 S-SiS2 -LiI, Li2 S-SiS2 -LiBr, Li2 S-SiS2 -LiCI, Li2 S-SiS2 -B2 S3 -LiI, Li2 S-SiS2 -P2 S5 -LiI, Li2 S-B2 S3 , Li2 S-P2 S5 -Zm Sn (wherein m and n are each independently a positive number, and Z is Ge, Zn, or Ga), Li2 S-GeS2 , Li2 S-SiS2 -Li3 PO4 , Li2 S-SiS2 -Lip MOq (wherein p and q are each independently a positive number, and M is selected from P, Si, Ge, B, Al, Ga, and In), Li7-x PS6-x Clx (wherein 0≤x≤2), Li7-x PS6-x Brx (wherein 0≤x≤2), or Li7-x PS6-x Ix (wherein 0≤x≤2) [0069]. The sulfide-containing solid electrolyte may be an argyrodite-type compound including at least one of Li6 PS5 Cl, Li6 PS5 Br, or Li6 PS5 I [0073]. EP’9584 is silence about average particle size and about the density of the argyrodite-type used, however this is an inherency property of the selected compound.
In the same field of endeavor, electrode composition, ISOJIMA teaches an inorganic solid electrolyte having an average particle size of 2 μm or less [abs]. It would have been obvious to one of ordinary skill in the art at the time to apply the average particle size taught by Isojima to the solid electrolyte of EP’9584 because both references concern solid electrolytes and employ the same constituent components.
Regarding claim 14, EP’ 9584 teaches:
An all-solid secondary battery, a cathode layer including a cathode active material layer, an anode layer and a solid electrolyte layer [0006].
Regarding claim 15, EP’ 9584 teaches:
The anode layer 20, an anode current collector 21, with a first, second and third anode active material layer 22,23, 25. Where the second active material 23 is disposed on the anode current collector 21 [FIG 3].
Regarding claim 16 to 18, EP’ 9584 teaches:
The first and the second anode active material may consist of the first carbonaceous anode active material, and/or the second anode active material layer 23 may consist of the second carbonaceous anode active material [0034].
The first anode active material layer 22 may further include, in addition to the first carbonaceous anode active material, a metal or metalloid anode active material. The second anode active material layer 23 may further include, in addition to the second carbonaceous anode active material, a metal or metalloid anode active material. The metal or metalloid anode active material may comprise, for example, at least one of indium (In), silicon (Si), gallium (Ga), tin (Sn), aluminum (Al), titanium (Ti), zirconium (Zr), niobium (Nb), germanium (Ge), antimony (Sb), bismuth (Bi), gold (Au), platinum (Pt), palladium (Pd), magnesium (Mg), silver (Ag), or zinc (Zn)... [0035]
The particles of the first carbonaceous anode active material and/or the particles of the second carbonaceous anode active material may have an average particle diameter of, for example, about 4 micrometers (µm) or less, about 3 µm or less, about 2 µm or less, about 1 µm or less, or about 900 nanometers (nm) or less [0032].
At least one of the first anode active material layer 22 or the second anode active material layer 23 may further include, for example, a binder [0051]
The amount of the second particles may be about 1 weight percent (wt%) to about 60 wt%, about 8 wt% to about 60 wt%, about 10 wt% to about 50 wt%, about 15 wt% to about 40 wt%, or about 20 wt% to about 30 wt%, with respect to a total weight of the composite [0038]
Regarding claim 19, EP’ 9584 teaches:
The solid electrolyte may be, for example, an oxide-containing solid electrolyte [0067].
Claim(s) 4 to 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3869584 and ISOJIMA et al (US2021/0184251) as applied in claim 1, and further in view of Lee et al (US 2022/0209220)
Regarding claim 4 to 6, ISOJIMA teaches:
It is preferable that the carbon coating layer is provided at least either between the positive electrode current collector and the positive electrode active material layer [0412].
Combination is silence about the interlayer between the carbon coating layer and the cathode active material layer. In the same field of endeavor, manufacturing the electrode, Lee teaches an interlayer disposed between the electrode active material layer and the electrode current collector with a thickness of, for example, 10 nm to 5 μm, 50 nm to 5 μm, 200 nm to 4 μm, 500 nm to 3 μm, 500 nm to 2 μm, 500 nm to 1.5 μm, or 700 nm to 1.3 μm [0047 and 0066]. This interlayer includes an ionically conductive binder, for example, polymethyl methacrylate (PMMA) [0069]. It would have been obvious to one of ordinary skill in the art at the time to incorporate the structure of carbon coating with an interlayer containing an adhesive polymer between the cathode active material because according to Lee’ 9220 teaches the use of a carbon-based conductive layer in combination with a polymer binder to improve the binding force of the electrode active material [0070-0072]. Since Isojima likewise employs a carbon coating layer adjacent to the cathode active material layer, the skilled person would have recognized that providing the interlayer at this interface would improve the adhesion between the carbon-based conductive layer and the cathode active material while retaining the conductive function.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3869584 and ISOJIMA et al (US2021/0184251) as applied in claim 1, and further in view of KR (20210042124).
Regarding claim 7, EP’ 9584 teaches:
A cathode active material comprising a Li2S-containing composite comprises a composite of Li2S and a lithium salt [0087-0088].
Is silence about the compositions and the expressed relation. In the same field of endeavor, electrode active material, KR’ 2124 teaches that in the sulfur-based positive electrode active material according to the present invention, by selecting Li2S and adding a second lithium compound such as LiI, LiBr, LiNO3 or LiNO2...[P45]. It would have been obvious to one of ordinary skill in the art at the time to include a second lithium compound with I, Br or NO3 to improve lithium-ion transport and thereby enhance the electrochemical performance of the cathode with a known alternatives of composition electron attracting having high electronegativity during charging according to teaches from KR’ 2124 P45. Expressing the resulting composition as, for example, Li2S-LiaXb (1≤a≤5, 1≤b≤5), would merely represent the combination of the two known components and would not require any change in their respective functions.
Regarding claim 8, EP’ 9584 teaches:
The addition to a cathode active material at least one additive, for example, a conducting agent (graphite, carbon black, acetylene black, Ketjen black, carbon fibers, or a metal powder) [0085].
Combination is silence about the amount of the carbonaceous material. In the same field of endeavor, electrode active material, KR’ 2124 teaches that the positive electrode material comprises 0 to 20% by weight of a conductive additive [P25]. It would have been obvious to one of ordinary skill in the art at the time to employ the weight percentages disclosed in KR’ 2124 for the corresponding components of the combination EP’ 9584 and ISOJIMA’ 4251 because of the use of the same constituent materials. Applying the known weight percentages of KR’ 2124 would have amounted to selecting known quantitative proportions for a known composition, rather than introducing a new functionality.
Regarding claim 9, EP’ 9584 teaches:
The cathode layer 10 may include, for example, a liquid electrolyte. For example, the cathode layer may be soaked with the liquid electrolyte. The liquid electrolyte may include a lithium salt [0088]. Wherein the lithium salt may be, for example, LiCI or Lil (Binary compound) / LiPF6 or LiBF4 (ternary compound) [0090].
Regarding claim 12, combination doesn’t teach:
An amount of the composite is about 60 wt% to about 80 wt% of a total weight of the cathode active material layer.
In the same field of endeavor, electrode active material, KR’ 2124 teaches the sulfur-based positive electrode active material of a preferred embodiment of the present invention, the content of Li2S is 60 to 70% by weight [P12]. It would have been obvious to one of ordinary skill in the art at the time to employ the weight percentages disclosed in KR’ 2124 for the corresponding components of the combination EP’ 9584 and ISOJIMA’ 4251 because of the use of the same constituent materials. Applying the known weight percentages of KR’ 2124 would have amounted to selecting known quantitative proportions for a known composition, rather than introducing a new functionality.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3869584 and ISOJIMA et al (US2021/0184251) as applied in claim 1, and further in view of the article by Xuemin Li “Facile synthesis of Lithium Sulfide nanocrystals” (2015).
Regarding claim 10, EP’ 9584 teaches:
At least the first or the second particles of the anode active material are in the range, about 4 micrometers (µm) or less, about 3 µm or less, about 2 µm or less, about 1 µm or less…or 10 nm to 4 µm, about 10 nm to 3 µm, about 10 nm to 2 µm, about 10 nm to 1 µm [0032].
Combination is silence about the particles of the cathode active material or the Li2S crystallites obtained from an XRD spectrum of the composite about 20 nm or less. In the same field of endeavor, cathode materials, Xuemin Li teaches a method of synthesizing anhydrous lithium sulfide nanocrystals and demonstrates their potential as cathode materials for advanced rechargeable batteries (Abstract). In the section 3, Xuemin discloses the results and discussion of their work and that the XRD patterns in Figure 3B indicate a slight growth of the crystalline sizes for s-Li2S from the original 5 nm to the present 20 nm after heat treatment, according to the Scherrer equation (section 3.2, page 5). It would be obvious to a person ordinary skill in the art that the same process and the same active material can be used for the anode or the cathode and to use the crystallite size of about 20 nm or less in view of the results obtained by Xuemin and their successful synthesized and incorporation of the Li2S into the cathode active material using this range size.
Regarding claim 11, EP’ 9584 teaches:
The cathode layer 10 may further include a solid electrolyte. The solid electrolyte included in the cathode layer 10 may be similar to or different from the solid electrolyte included in the solid electrolyte layer 30 [0086]. Where the mixed mole ratio of the sulfide-containing solid electrolyte is P2S5 in a range of about 50:50 to about 90:10 [0070]
The substitution of the P2S5 it would be obvious to a person ordinary skill in the art because the lithium salt would provide an additional source of Li+ and at the same time would modify the ionic/interfacial properties of the material without the integration of other element in the interaction.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3869584 and ISOJIMA et al (US2021/0184251) as applied to claim 14, and further in view of HAN (US2022/0344672).
Regarding claim 20, EP’ 9584 teaches:
Referring to Fig 2, a thin film 24 (metal layer) may be disposed between the anode current collector 21. The thin film 24 may include an element alloy able with lithium. The element (metal) alloy able with lithium may be (at least one of gold, silver, zinc, tin, indium, silicon, aluminum, or bismuth [0058].
Combination is silence about the base film. In the same field of endeavor, current collector, HAN teaches a current collector 10 having a metal foil 11 with a primer coating layer 12, wherein the coating layer includes a binder, for example, polyethylene or polypropylene [0011-0012 and 0052]. It would be obvious to a person ordinary skill in the art to improve the adhesive force and the interface between the current collector and the electrode material by applying the method discloses from Han’4672 including the thin film of EP’9584 which provides a conductive function. The combination is going to provide a predictable use of known elements according to their established functions, with a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al (US 12,095,039), Yamashita et al (US 20170271717), WO (2019181097), WO (2020022699) and KR (20190007398).
Any inquiry concerning this communication should be directed to NICOLAS J ROSA BERRIOS at telephone number (571)270-1856.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached on (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ Nicolas Rosa / Examiner / Art Unit 1741
08/17/2023
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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