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 § 102
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.
Claim(s) 1, 10, 15, and 17-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim (US 20240178381 A1).
Regarding claim 1, Kim (US 20240178381 A1) teaches a positive electrode (cathode) active material for a lithium sulfur battery comprising primary particles of a sulfur-carbon composite including a porous carbon material and a sulfur based material that may include lithium sulfide (Li2S), wherein the porous carbon material agglomerates to form secondary particles (Abstract, para 0013-0016, 0096-0099, 0236). Kim also teaches that the primary particle carbon material may have a sum of D10 + D90 of 51 micrometers and a broadness factor equal to D90/D10 of 5.49, which results in a D10 of the primary particles equal to 7.86 micrometers (para 0082-0084, 0233, Table 1) and therefore the secondary particles, which comprise multiple primary particles, must necessarily be larger than 7.86 micrometers (5 micrometers or more).
Alternatively, Kim teaches a positive electrode (cathode) active material for a lithium sulfur battery comprising primary particles of a sulfur-based material mixture/composite including lithium sulfide (Li2S), inorganic sulfur, organic sulfur, and/or a carbon sulfur polymer, wherein the sulfur based material may be loaded inside pores of a porous carbon material thus forming secondary particles having the primary particles of sulfur-based material agglomerated therein (Abstract, para 0013-0016, 0080-0083, 0096). Kim also teaches that the secondary particle carbon material may have a sum of D10 + D90 of 51 micrometers and a broadness factor equal to D90/D10 of 5.49, which results in a D10 of the secondary particles equal to 7.86 micrometers (5 micrometers or more) (para 0082-0084, 0233-0236, Table 1).
Regarding claim 10, Kim teaches a positive electrode/cathode for a solid secondary battery including a current collector and a positive electrode active material layer on the current collector and comprising the active material described in claim 1 (Kim para 0025, 0079, 0134, 0214).
Regarding claim 15, Kim teaches the cathode active material layer further comprises a binder and a conductive material (para 0031, 0188-0189).
Regarding claim 17, Kim teaches a solid secondary battery comprising the cathode/positive electrode as claimed in claim 10, a negative electrode/anode, and a solid electrolyte necessarily between the anode and cathode (para 0025, 0079, 0134, 0197-0199, 0213-0214).
Regarding claim 18, Kim teaches the solid electrolyte layer may be a solid polymer electrolyte or a gel polymer electrolyte (para 0214).
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) 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1), as applied to claims 1 and 10 above.
Regarding claim 2, when the secondary particle is defined as the porous carbon material containing the sulfur material, Kim teaches the D50 of the porous carbon material (secondary particles) may be 1 to 100 micrometers and the sum of D10 and D90 may be 10 to 60 micrometers with a broadness factor of 7 or less, where the particle sizes may be controlled (para 0086-0088, 0108, 0111, 0122). Though Kim fails to explicitly teach the D10 size of the secondary particles is about 5 micrometers to about 10 micrometers, the D50 size is 9 to 20 micrometers, and the D90 size is 16 micrometers to 60 micrometers, one would have expected the use of any values within the Kim ranges to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 1 to 100 micrometers as D50, D10+D90 from 10 to 60 micrometers and D90/D10 of 7 or less, including values within the claimed range, such as a BF of 5, D10+D90 of 50 micrometers, and D50 of about 20 micrometers, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Regarding claim 11, Kim teaches an amount of the cathode active material in the cathode active material layer may be 70 to 100 wt% (para 0183). Though Kim fails to explicitly teach the amount of cathode active material is 40 to 90 wt%, one would have expected the use of any value within the Kim range to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 70 to 100 wt%, including values within the claimed range, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1), as applied to claim 1 above, and further in view of Kojima (US 20220199973 A1).
Regarding claim 2, Kim teaches the D50 of the porous carbon material (primary particles) may be 1 to 100 micrometers and the sum of D10 and D90 may be 10 to 60 micrometers with a broadness factor of 7 or less, where the particle sizes may be controlled (para 0086-0088, 0108, 0111, 0122) but fails to explicitly teach the D10, D50, and D90 of secondary particles. However, Kojima (US 20220199973 A1), in the analogous art of cathode active material, teaches a positive electrode active material may be molded into secondary particles by granulating and aggregating a plurality of primary particles such that energy density and handleability are improved, where the size of the secondary particles may be from 1 to 100 micrometers (para 0034). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to granulate and aggregate the primary particles of Kim to form secondary particles of a similar size distribution as the original primary particles before granulation in order to improve energy density and handleability. As a result, the secondary particles would have similar D10, D50, and D90 values as the porous carbon material of Kim before granulation. Though the combination of Kim and Kojima fails to explicitly teach the D10 size of the secondary particles is about 5 micrometers to about 10 micrometers, the D50 size is 9 to 20 micrometers, and the D90 size is 16 micrometers to 60 micrometers, one would have expected the use of any values within the Kim ranges to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 1 to 100 micrometers as D50, D10+D90 from 10 to 60 micrometers and D90/D10 of 7 or less, including values within the claimed range, such as a BF of 5, D10+D90 of 50 micrometers, and D50 of about 20 micrometers, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Claim(s) 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1), as applied to claim 1 above, and further in view of Nose (US 20190372105 A1).
Regarding claim 3, Kim fails to explicitly teach the Li2S-containing composite comprises a composite of Li2S and a lithium salt. However, Nose (US 20190372105 A1), in the analogous art of lithium sulfur containing batteries, teaches that a cathode active material mixture may include a mixture of Li2S in addition to a lithium salt such as LiCl, LiI, or LiBr and elemental sulfur, where Li salt is included to improve the Li ion conductivity in the cathode mixture (Abstract, para 0036, 0039). Kim teaches a sulfur-carbon composite cathode active material including Li2S and elemental sulfur and other sulfur containing materials (Abstract, para 0013, 0016, 0189). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include a lithium salt in the sulfur-carbon composite mixture of Kim in order to improve lithium ion conductivity in the mixture.
Regarding claim 4, the combination of Kim and Nose teaches the lithium salt may be a binary compound such as LiI, LiBr, LiCl, or LiF (Nose Abstract, para 0039, 0042).
Regarding claim 5, the combination of Kim and Nose teaches the composite of Li2S and lithium salt has a formula of Li2S-LiX, where X is I, Br, Cl, or F and the lithium and halogen are stoichiometric (a=1 and b=1) (Nose para 0039, 0042).
Regarding claim 6, the previous combination of Kim and Nose fails to explicitly teach a molar ratio of the Li2S to the lithium salt in the Li2S containing composite is about 50:50 to about 95:5. However, Nose teaches that Li2S may be present in an amount of 0.38 g and the lithium salt may include 0.19 g of LiBr and 0.2 g or LiI in the cathode material mixture, which results in a molar ratio of 70:30 (50:50 to about 95:5) (para 0042, Table 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the ratio of Li2S to lithium salt in the composite of Kim in view of Nose with the 70:30 ratio taught by Nose because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Regarding claim 7, the combination of Kim and Nose teaches that the Li2S-containing composite includes a porous carbon material (Kim para 0018-0019, 0094-0095).
Regarding claim 8, the combination of Kim and Nose teaches the carbon material may be fibrous carbon based material with a carbon nanostructure such as a carbon nanofibers or carbon nanotubes (Kim para 0018-0019, 0094-0095).
Regarding claim 9, the combination of Kim and Nose teaches the sulfur-carbon composite includes 60 to 99 wt% sulfur material and the remainder porous carbon (Kim para 0126, Table 1), thus indicating that carbon is present in the composite in an amount from 1 to 40 wt%. Though the aforementioned combination fails to explicitly teach carbon is present in 1 to 20 wt%, one would have expected the use of any value within the Kim range to have yielded similar results. Absent any showing of criticality, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used any values within 1 to 40 wt%, including values within the claimed range, with a reasonable expectation of success and with predictable results. Please see MPEP 2144.05 (I) for further details.
Claim(s) 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1), as applied to claim 10 above, and further in view of Tsujimura (US 20210265623 A1).
Regarding claim 12, Kim fails to explicitly teach the cathode active material layer further comprises a solid electrolyte. However, Tsujimura (US 20210265623 A1), in the analogous art of secondary batteries, teaches a cathode layer may include a cathode active material and a solid electrolyte that may have the same material as the solid electrolyte layer, such as Li2S-P2S5-LiX where X is a halogen atom, and where the cathode layer having a solid electrolyte exhibits increased performance (para 0058-0060, 0112-0114). Kim teaches a solid electrolyte layer that may include a lithium salt such as LiCl or LiI and may be any type of electrolyte available in lithium secondary batteries (para 0214-0222). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include a solid electrolyte layer, as described by Tsujimura, in the cathode active material layer in order to improve performance of the cathode layer.
Regarding claim 13, the combination of Kim and Tsujimura teaches the solid electrolyte may be a sulfide based solid electrolyte selected from among Li2S-P2S5, Li2S-P2S5-LiX where X is a halogen element, Li2S-P2S5-Li2O, Li2S-P2S5-LiI, Li2S-SiS2, Li2S-SiS2-LiI, and Li2S-SiS2-LiBr among others (Tsujimura para 0112).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1) in view of Tsujimura (US 20210265623 A1), as applied to claim 13 above, and further in view of Lee (US 20210265665 A1).
Regarding claim 14, the combination of Kim and Tsujimura teaches the sulfide-based solid electrolyte may comprise an argyrodite type solid electrolyte such as Li6PS5Cl, Li6Ps5Br, or Li6Ps5I (Tsujimura para 0112-0114).
The combination of Kim and Tsujimura fails to explicitly teach the argyrodite type solid electrolyte has a density of about 1.5 g/cc to about 2.0 g/cc. However, Lee (US 20210265665 A1), in the analogous art of secondary batteries, teaches an argyrodite solid electrolyte may have a density in a range of 1.5 to 2.0 g/cc (para 0048-0050, 0075). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the argyrodite type solid electrolyte in the cathode layer of Kim in view of Tsujimura with the solid argyrodite type electrolyte having a density of 1.5 to 2.0 g/cc, as described by Lee, because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1), as applied to claim 10 above, and further in view of Wu (US 20250379232 A1).
Regarding claim 16, Kim teaches the cathode current collector may comprise a base film of stainless steel treated with nickel, titanium, or silver (metal layer) on the surface (para 0187) but fails to teach the base film comprises a polymer of PET, PE, PP, PBT, PI, or a combination thereof. However, Wu (US 20250379232 A1), in the analogous art of secondary batteries, teaches a positive electrode current collector may be a metal foil or a composite current collector, where the composite current collector may be formed by forming a metal material layer of nickel, titanium, or aluminum on a polymer material substrate/base film made of PP, PET, PBT, or PE (para 0053). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the cathode current collector material of Kim with a composite current collector including a base film of PP, PET, PBT, or PE coated with a metal layer of nickel, titanium, or aluminum, as described by Wu, because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1) in view of Kojima (US 20220199973 A1).
Regarding claim 19, Kim (US 20240178381 A1) teaches a composite positive electrode (cathode) active material for a lithium sulfur battery comprising primary particles of a sulfur-carbon composite including a porous carbon material and a sulfur based material that may include lithium sulfide (Li2S), wherein the porous carbon material agglomerates to form secondary particles (Abstract, para 0013-0016, 0096-0099, 0236). Kim also teaches that the primary particle carbon material may have a sum of D10 + D90 of 51 micrometers and a broadness factor equal to D90/D10 of 5.49, which results in a D10 of the primary particles equal to 7.86 micrometers (para 0082-0084, 0233, Table 1) and therefore the secondary particles, which comprise multiple primary particles, must necessarily be larger than 7.86 micrometers (5 micrometers or more). Kim also teaches that the primary particles are prepared by mixing carbon and sulfur components together and milling them with a ball mill (ball milling a composition containing Li2S) before heating to coat the sulfur on the inside of the porous carbon material (para 0124, 0128-0131).
Kim indicates that secondary particles may be formed (para 0236) but fails to explicitly teach granulation of the primary particles to prepare secondary particles. However, Kojima (US 20220199973 A1), in the analogous art of cathode active materials, teaches that a positive electrode (cathode) active material may be granulated to form secondary particles from a plurality of primary particles in order to improve energy density and handleability (para 0034). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to granulate the primary particles of Kim to form secondary particles allowing for improved energy density and handleability.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20240178381 A1) in view of Kojima (US 20220199973 A1), as applied to claim 19 above, and further in view of Nose (US 20190372105 A1).
Regarding claim 20, the combination of Kim and Kojima teaches preparing the primary particles comprising the Li2S-containing composite comprises preparing a first composition comprising first particles comprising Li2S and mixing it with carbon material (injecting carbon material into the first composition) and performing a ball milling on the combined composition to form the composite primary particles (para 0124, 0131). The aforementioned combination fails to explicitly teach preparing the first composition by performing a first ball milling on a composition containing Li2S and lithium salt. However, Nose (US 20190372105 A1), in the analogous art of cathode active material, teaches that a cathode active material mixture may include a mixture of Li2S in addition to a lithium salt such as LiCl, LiI, or LiBr and elemental sulfur, where Li salt is included to improve the Li ion conductivity in the cathode mixture, and where the materials may be prepared by ball milling their combination (Abstract, para 0036, 0039, 0074). Kim teaches a sulfur-carbon composite cathode active material including Li2S and elemental sulfur and other sulfur containing materials (Abstract, para 0013, 0016, 0189). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include a lithium salt with Li2S in the sulfur-carbon composite mixture of Kim, where the Li2S and lithium salt are ball milled, in order to improve lithium ion conductivity in the composite primary particle of the active material layer.
Conclusion
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/PATRICK S OTT/Examiner, Art Unit 1794
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