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 pending in application.
Claim Objections
Claim 6 is objected to because of the following informalities: “elastometer” in Line 22 of page 2 is mis-spelled. Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. 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 6, 8-10 and 17-18 are 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 6, it appears that Applicant has mis-spelled “elastometer” in line 22 of page 2, leaving the meaning of “conductive elastometer material” unclear. For the purposes of examination, the word “elastometer” has been interpreted to mean “elastomer”.
Regarding claim 8, it is not clear whether the limitation “secondary structure” recited in line 6
of page 3 is distinct from the limitation “or a combination thereof” recited in line 7 of page 3. It
appears that “secondary structure” is referring to an agglomerated or bundled form of carbon
nanotubes as defined in para. [0090] of the specification. However, such secondary structure
necessitates the presence of primary structure. For the purposes of examination, the limitation “or a
combination thereof” has been interpreted in the same manner as the limitation “secondary structure”.
Regarding claim 17, Applicant recites the limitation “[…] the solid electrolyte comprising a
sulfide-based solid electrolyte, an oxide-based solid electrolyte, a polymer solid electrolyte, or a
combination thereof […]” in lines 17-18 of page 5. However, it does not appear that this limitation is
further limiting to the limitations previously recited in claim 17.
Claims 9 and 10, which depend on claim 8, and claim 18, which depends on claim 17, are similarly rejected.
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.
7. 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.
8. 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.
9. Claims 1-5, 7-8, 13-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee
(US PG Pub 2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub
2020/0313164 A1) as evidenced by Ozuku (J. Electrochem. Soc. 1993, 140, 2490).
Regarding claim 1, Lee discloses an all-solid secondary battery (title) comprising a cathode layer
(para. [0027], ref. 10, Fig. 1), an anode layer (ref. 20, Fig. 1), and a solid electrolyte layer between the
cathode layer and the anode layer (ref. 30, Fig. 1). The cathode layer (ref. 10, Fig. 1) comprises a cathode
current collector (ref. 11, Fig. 1) and a cathode active material layer (ref. 12, Fig. 1). The cathode active
material layer is on one side (see ref. 12 in Fig. 1) of the cathode current collector (ref. 11, Fig. 1). The
anode layer (para. [0027], ref. 20, Fig. 1) comprises an anode current collector (ref. 21, Fig. 1) and a first
anode active material layer (ref. 22, Fig. 1) on one surface of the anode current collector (see Fig. 1). The
anode active material layer comprises a first anode active material (para. [0074]) capable of forming an
alloy with lithium (para. [0077]). Lee also teaches a carbon-based material in the anode layer (para.
[0076]) in addition to a binder (para. [0080]).
However, Lee fails to teach a fibrous carbon-based material.
Kurita teaches a negative electrode material (title) comprising metal particles capable of forming
a compound with lithium (abstract, para. [0030]) and carbon fiber, which is a fibrous carbon-based material (abstract).
Kurita further teaches that the web structure created by the carbon fibers serves as a buffer to
volume changes in the anode active particles during intercalation and deintercalation of lithium ions
(para. [0015]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date of the claimed invention to have used the carbon fibers as taught by Kurita in in the anode active material layer of Lee to maintain a resilient conductive network through volume changes
during lithium intercalation / deintercalation.
The combination of Lee and Kurita fails to teach a ratio (B/A) where the initial charge capacity of the first anode active material layer is (B) and the initial charge capacity of the cathode active material layer is (A) and the ratio B/A is in the range of about 0.01 to about 0.75, and the initial charge capacity of the cathode and anode active materials are determined by charging from a first open circuit voltage (OCV) to a maximum charging voltage for Li/Li+ and from a second OCV to about 0.01 V respectively.
Sukuzi teaches an all-solid lithium secondary battery, including: a cathode, an anode, and a solid
electrolyte (abstract) wherein the electrolyte may consist of a sulfide-based solid electrolyte (para.
[0085]) with a ratio 0.01<b/a<0.5 where a is the initial charge capacity of the cathode active material
and b is the initial charge capacity of the anode active material (abstract). Therefore, the claimed range
overlaps or lies inside the range disclosed by the prior art and a prima facie case of obviousness exists.
MPEP § 2144.05.
Suzuki also teaches that by limiting the charge capacity ratio of the cathode to the initial charge capacity of the anode, cycle characteristics and discharge rate may be improved (para. [0041]). Suzuki also teaches that a viable method of measuring charge capacity for both the cathode and anode (para. [0104]-[0105]) is by using an OCV, using the cathode and Li as working electrode / counter-electrode, anode and Li as working electrode / counter-electrode, to the upper limit charging voltage
and 0.01 V for the cathode and anode respectively.
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date of the claimed invention to limit the initial charge ratio of the anode active layer to
the initial charge ratio of the cathode active layer, as measured by the method of Suzuki, to the range
taught by Suzuki to optimize cycle characteristics.
Regarding claim 2, Lee further discloses an anode active material in the form of particles with an
average particle diameter of 2 µm or less (para. [0074]).
However, Lee fails to teach to teach that the aspect ratio of the anode active particles is 5 or less.
Kurita teaches a negative electrode material (title) comprising graphite particles capable of occluding / releasing lithium ions and having an aspect ratio of not smaller than 1 and not larger than 5 (para. [0006]), anticipating the claimed range. MPEP § 2131.03. Furthermore, graphite is capable of forming an intercalation compound with lithium (Ozuku, second paragraph of introduction). Additionally, Kurita teaches that graphite particles in the disclosed range of aspect ratios have a tendency to have many flat portions and recess portions on the surface (para. [0043]) allowing a three-dimensional web of carbon fibers to fusion-bond to the flat surface (para. [0044]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date of the claimed invention to have used the aspect ratio range of Kurita in the anode
active material of Lee to form a robust conductive network of carbon fibers and anode active graphite
particles.
Regarding claim 3, Lee further discloses the first anode active material comprising a first metal-
based anode active material which comprises silicon (Si), gold (Au), platinum (Pt), palladium (Pd), silver
(Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof (para. [0077]).
Regarding claim 4, Lee further discloses that the first anode active material may comprise a
mixture of a plurality of different anode active materials, including amorphous carbon and second
metal-based anode active materials (para. [0078]), constituting a second anode active material.
Furthermore, Lee discloses the weight ratio of a metal-based anode active material constituting a
second particle may range from 8 wt% to 60 wt% (para. [0079]). Because the claimed range overlaps or lies inside the range disclosed by the prior art, a prima facie case of obviousness exists. MPEP § 2144.05.
Regarding claim 5, Kurita further teaches the carbon fibers having a diameter of 2-40 nm and an
aspect ratio of 10-15000 (para. [4]). Therefore, the length of the carbon fibers must range from 20 nm (2
nm x 10) to 600 µm (40 nm x 15000). Furthermore, the graphite particles have an average diameter of 2
– 40 µm (para. [0039]). As a result, the size ratio of the average anode active material particles to the
length of the carbon fibers ranges from 1:0.0005 (20 nm ÷ 40 µm) to 1:300 (600 µm ÷ 2 µm), overlapping
the claimed range of 1:10 to about 1:2000. Because the claimed range overlaps or lies inside the range
disclosed by the prior art, a prima facie case of obviousness exists. MPEP § 2144.05.
Regarding claim 7, Kurita further teaches that the carbon fibers may be carbon nanotubes (para. [0047]).
Regarding claim 8, Kurita further teaches that the carbon nanotubes possess primary structure
including a tubular structure or a platelet structure (para. [0049]).
Regarding claim 13, Lee further discloses the thickness of the first anode active material layer
may be 50% or less thick than cathode active material layer (para. [0083]). Furthermore, the first anode
active material layer has a thickness of about 1 to 20 µm (para. [0083]). Therefore, the claimed range
overlaps or lies inside the range disclosed by the prior art and a prima facie case of obviousness exists.
MPEP § 2144.05.
Regarding claim 14, Lee discloses the second anode active material layer is between the anode
current collector (para. [0086], ref. 21, Fig. 1) and the first anode active material layer (ref. 22, Fig. 1)
(see para. [0086]). The second anode active material layer may be between the solid electrolyte layer
(para. [0027], ref. 30, Fig. 1) and the first anode active material layer, thus between the anode current
collector and the solid electrolyte layer as claimed. The second anode active material layer is a metal
layer comprising lithium or a lithium alloy (para. [0086]) and may be 1 to 50 µm thick (para. [0087]).
Hence, there are embodiments teaching a second anode active material layer that is thinner, of equal
thickness, and thicker than the first anode active material layer.
Regarding claim 15, Lee further discloses the cathode active material layer comprising a cathode
active material (para. [0052]) which may be copper or lithium sulfide, sulfide-based cathode active
materials, or a lithium transition metal oxide-based cathode active material such as lithium cobalt oxide
or lithium nickel oxide (para. [0053]).
Regarding claim 16, Lee further describes the cathode active material layer as comprising a sulfide-based solid electrolyte, carbon nanofibers (a conductive material), and a binder (para. [0115]). The conductive material therefore comprises a carbon-based conductive material. Furthermore, the solid electrolyte layer comprises a sulfide-based solid electrolyte (para. [0066]).
Regarding claim 17, the cathode active material layer of Lee comprises a sulfide-based solid electrolyte (para. [0115]).
Regarding claim 18, Lee further discloses that the sulfide-based solid electrolyte is at least one selected from:
a) Li2S-P2S5
b) Li2S-P2S5-LiX (wherein X is a halogen element)
c) Li2S-P2S5-Li2O
d) Li2S-P2S5-Li2O-LiI
e) Li2S-SiS2
f) Li2S-SiS2-LiI
g) Li2S-SiS2-LiBr
h) Li2S-SiS2-LiCl
i) Li2S-SiS2-B2S3-LiI
j) Li2S-SiS2-P2S5-LiI, Li2S-B2S3, Li2S-P2S5-ZmSn (wherein m and n are positive numbers and Z is at
least one selected from Ge, Zn, and Ga)
k) Li2S-GeS2, Li2S-SiS2-Li3PO4, Li2S-SiS2-LipMOq (wherein p and q are positive numbers and M is
at least one selected from P, Si, Ge, B, Al, Ga, and In)
l) Li7-xPS6-xClx (wherein 0≤x≤2), Li7-xPS6-xBrx (wherein 0≤x≤2), Li7-xPS6-xIx (wherein 0≤x≤2)
or a combination thereof (para. [0067]).
Furthermore, the sulfide-based solid electrolyte may be an argyrodite-type solid electrolyte comprising at least one selected from Li6PS5Cl, Li6PS5Br, Li6PS5I or a combination thereof (para. [0069]), and a density of the argyrodite-type solid electrolyte is in a range of about 1.5 g/cc to about 2.0 g/cc (para. [0070]).
Regarding claim 20, Lee discloses an inactive member (para. [0040], ref. 40, Fig. 1) on another side of the cathode current collector (para. [0064], ref. 11, Fig. 1). Furthermore, the inactive member may be on organic material such as an olefin-based polymer (e.g. polyethylene or polypropylene), which is elastic (para. [0049]).
10. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub 2020/0313164
A1) and further in view of Tamura (WO 2022249589A1).
The combination of Lee, Kurita and Suzuki fail to teach a fibrous carbon-based material that is a conductive elastomer.
Tamura teaches an electrode material for a battery (title) which is a fibrous carbon-based material comprising a conductive fiber containing a carbon material and an elastomeric binder material (Line 16, page 1). Furthermore, Tamura teaches that the conductive fiber may be carbon nanotubes (CNT’s) (Lines 39-40, page 5; ref. 11, Fig. 1), which are crystalline fibrous carbon-based materials, and that the aspect ratio of the conductive fibers may be 10 or more (Line 20, page 6).
Tamura also teaches that the use of an elastomer to disperse conductive fibers therein improves the electronic conductivity of the electrode (Lines 13-18, page 2). Additionally, Tamura teaches that due to the tendency of the negative electrode to expand or contract, it is known in the art to use CNT’s to maintain a conductive network during volume change to maintain a percolation network (Lines 42-47, page 1) hence necessitating sufficiently high aspect ratio CNT’s used in electrodes.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have used an elastomeric binder such as the one taught by Tamura to disperse the conductive fibers of Lee, Kurita and Suzuki as well as the minimum aspect ratio for the conductive fiber materials taught by Tamura to maintain percolation and improve the electronic conductivity of the negative electrode.
11. Claims 9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub 2020/0313164 A1) and further in view of Lee (PG Pub 2017/0110722 A1).
Lee, Kurita, and Suzuki are relied upon as described above.
Regarding claims 9 and 10, Lee, Kurita, and Suzuki all fail to teach a primary structure of the carbon nanotubes being single-walled, double-walled, multi-walled, or a combination thereof.
Lee ‘722 teaches an anode active material (title) comprising carbon nanotubes (abstract) having
a primary structure consisting of single-walled, double-walled, or multi-walled nanotubes (para. [0036]).
Furthermore, the diameter of the carbon nanotubes is 20 nm to 100 nm overlapping the claimed range
of 1 to 20 nm (para. [0035]). Additionally, the length of the carbon nanotubes is preferably 200 nm to 1
µm overlapping the claimed range of 100 nm to 2 µm. Lee further teaches that the carbon nanotubes’ secondary structure is in a bundle-type structure, which can be seen in the TEM photograph, and may have a diameter of 20 nm (para. [0110], Fig. 4) and that a bundle of nanotubes may extend approximately the length of a single nanotube from the surface in which they are grown, which can be seen in a separate TEM photograph (para. [0020], Fig. 3). Therefore, in both the case of diameter and length of both the primary and secondary structure, the claimed ranges overlap or lie inside the ranges disclosed by the prior art presenting a prima facie case of obviousness. MPEP § 2144.05.
Lee ‘722 also teaches that the shape and dimensions of the carbon nanotubes are not
particularly limited (para. [0035] – [0036]); however, it is critical that the anode active materials are
easily brought into contact with each other (para. [0035]) and maintain physical and electrical contact
between particles to facilitate suppression of volumetric expansion of the anode active material and
improve life cycle characteristics.
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date of the claimed invention to have used carbon nanotubes of the dimensions and
structure presented by Lee ‘722 in the anode active material of Lee ‘413 to facilitate suppression of
volume expansion in the anode active material.
Regarding claim 12, Lee ‘413 further discloses the first anode active material layer comprising a
binder (para. [0080]).
Lee ‘413 fails to teach the content of the binder being in a range of 0.1 to 20 parts by weight
with respect to 100 parts by weight of a mixture of the first and second anode active material.
Lee ‘722 teaches that the anode may be prepared with a binder in the range of 1 to 10 parts by
weight of the electrode material (para. [0094]). Because the claimed range overlaps or lies inside the
range disclosed by the prior art, a prima facie case of obviousness exists. MPEP § 2144.05.
Lee ‘413 teaches that sufficient binder quantity is necessary to prevent the formation of cracks
in the anode active material during volume changes during charging / discharging (para. [0081]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date of the claimed invention to have used the amount of binder taught by Lee ‘712 to prevent to formation of cracks in the anode active material.
12. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub 2020/0313164
A1) and further in view of Lee (US PG Pub 20210320294 A1).
Lee ‘413, Kurita and Suzuki are relied upon as described above.
The combination of Lee ‘413, Kurita and Suzuki fail to teach a polymer binder comprising a polar functional group partially or fully substituted with lithium.
Lee ‘294 teaches a negative electrode material (title) comprising a lithium substituted polyacrylate (Li-PAA) binder (para. [0080]) which is a polymer binder containing polar carboxyl functional groups.
Lee ‘294 further teaches that although many polymer binders may be used, Li-PAA is preferred as it imparts higher adhesion as compared to other binders (para. [0059]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date of the claimed invention to have selected lithium substituted polyacrylate as the polymer binder for the negative electrode of Lee ‘413, Kurita and Suzuki as taught by Lee ‘294 to improve adhesion between the anode active materials and hence electronic conductivity.
13. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub 2020/0313164
A1) and further in view of Kato (US PG Pub 2015/0118553 A1).
Lee, Kurita, and Suzuki are relied upon as described above.
Lee, Kurita, and Suzuki all fail to teach at least one of the cathode current collector or the anode
current collector comprising a base film and a metal layer on one surface or both surfaces of the base
film, the base film comprising a polymer, the polymer comprising polyethylene terephthalate (PET),
polyethylene (PE), polypropylene (PP), polybutylene terephthalate (PBT), polyimide (PI), or a combination thereof, and the metal layer comprises indium (In), copper (Cu), magnesium (Mg), stainless
steel, titanium (Ti), iron (Fe), cobalt (Co), nickel (Ni), zinc (Zn), aluminum (Al), germanium (Ge), lithium
(Li), or an alloy thereof.
Kato teaches a non-aqueous electrolyte battery and a current collector (abstract) wherein a
current collector has a resin layer (para. [0033], ref. 5, Fig. 3) on a least one side of a conductive substrate (para. [0033], ref. 3, Fig. 3). The resin layer comprises thermoplastic resin particles (para.
[0033], ref. 13, Fig. 2) which consist of polyethylene or polypropylene (para. [0052]). The conductive
substrate may be copper, aluminum, stainless steel, or an alloy of the claimed metals (para. [0036]).
Kato also teaches that there is a need for a secondary shut down function in battery than the
separator to prevent a failure of the separator and consequent short-circuit (para. [0002]), and that a difference in thermal expansion coefficient between a thermosetting resin layer composed of
conductive particles and thermoplastic resin particles substantially free of conductive particles may be
leveraged to separate the electrode active material from a current collector comprising such a resin
layer upon heating (para. [0047], Fig. 4-5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date to substitute the all-solid battery of Lee with the current collector of Kato to achieve
the predictable result of suppressing thermal runaway events and subsequent fires to improve battery
safety. MPEP § 2143 I. B.
Double Patenting
14. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
15. Claims 1-3, 7-10 and 12-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6-8, 12-15 and 17-20 of copending Application No. 18/972,509 (reference application), herein referred to as the ‘509 application. Although the claims at issue are not identical, they are not patentably distinct from each other:
Regarding claim 1 of the instant application, claim 1 of ‘509 claims an all-solid-state secondary battery comprising a cathode layer, an anode layer, and a solid electrolyte layer between the cathode layer and the anode layer. Claim 1 of ‘509 further claims the cathode layer comprising a cathode current collector and a cathode active material layer on a side of the cathode current collector. Claim 1 of ‘509 also claims the anode layer comprising an anode current collector and a first anode active material layer on a side of the anode current collector. Additionally, claim 1 of ‘509 claims an anode active material capable of forming an alloy or compound with lithium. Claim 14 of ‘509 claims a second anode active material capable of forming a compound or alloy with lithium. Claim 1 of ‘509 further claims a fibrous carbon-based material and claim 12 of ‘509 claims a binder. Claim 1 of ‘509 also claims a ratio (B/A) of an initial charge capacity (B) of the first anode active material layer to an initial charge capacity (A) of the cathode active material layer is about 0.01 to about 0.75, the initial charge capacity of the cathode active material layer is determined by charging from a 1st open circuit voltage to a maximum charging voltage with respect to Li/Li+, and an initial charge capacity of the first anode active material layer is determined by charging from a 2nd open circuit voltage to about 0.01 V with respect to Li/Li+.
Regarding claim 2 of the instant application, claim 2 of ‘509 claims the anode active material
comprising particles having a size of about 2 μm or less, and an aspect ratio of the anode active material
is about 5 or less.
Regarding claim 3 of the instant application, claim 3 of ‘509 claims the anode active material
comprising a metal-based anode active material, and the metal-based anode active material comprising
silicon (Si), gold (Au), platinum (Pt), palladium (Pd), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc
(Zn), or a combination thereof.
Regarding claim 7 of the instant application, claim 6 of ‘509 claims the fibrous carbon-based
material comprising a fibrous carbon nanostructure, and the fibrous carbon nanostructure comprising
carbon nanotubes, carbon nanofibers, carbon nanobelts, or a combination thereof.
Regarding claim 8 of the instant application, claim 7 of ‘509 claims the carbon nanotubes
comprising a carbon nanotube primary structure, a carbon nanotube secondary structure formed by
agglomeration of a plurality of carbon nanotube primary particles, or a combination thereof, and the
carbon nanotube primary structure is a single carbon nanotube unit.
Regarding claims 9 and 10 of the instant application, claim 8 of ‘509 claims the carbon nanotube primary structure comprising single-walled carbon nanotubes (SWCNTs), double-walled carbon nanotubes (DWCNTs), and multi-walled carbon nanotubes (MWCNTs), or a combination thereof. Claim 8 of ‘509 further claims a diameter of the carbon nanotube primary structure being about 1 nm to about 20 nm, and a length of the carbon nanotube primary structure being about 100 nm to about 2 μm. Claim 8 of ‘509 claims the carbon nanotube secondary structure comprising bundle-type carbon nanotubes, rope-type carbon nanotubes, or a combination thereof. Claim 8 of ‘509 further claims a diameter of the
carbon nanotube secondary structure being about 2 nm to about 50 nm, and a length of the carbon
nanotube secondary structure being about 500 nm to about 1000 μm.
Regarding claim 12 of the instant application, claim 12 of ‘509 claims the anode active material
layer comprising a binder. Claim 12 of ‘509 claims the binder content of the anode active material is about 0.1 to 20 parts by weight with respect to 100 parts by weight of the anode active material.
Regarding claim 13 of the instant application, claim 13 of ‘509 claims a thickness of the first
anode active material layer is about 50 % or less of a thickness of the cathode active material layer, and
the thickness of the first anode active material layer is about 1 μm to about 50 μm.
Regarding claim 14 of the instant application, claim 14 of ‘509 claims a second anode active
material layer between the anode current collector and the first anode active material
layer or between the anode current collector and an electrolyte layer. Claim 14 of ‘509 further claims
the second anode active material layer being a metal layer, and the metal layer comprising lithium or a
lithium alloy with a thickness that is smaller than a thickness of the first anode active material layer.
Regarding claim 15 of the instant application, claim 15 of ‘509 claims the cathode active material
layer comprising a cathode active material, the cathode active material comprising a sulfide-based
cathode active material, an oxide-based cathode active material, or a combination thereof. Claim 15 of
‘509 further claims the sulfide-based cathode active material comprising nickel sulfide, copper sulfide,
Li2S, a Li2S-containing composite, or a combination thereof. Additionally, claim 15 of ‘509 claims the
oxide-based cathode active material comprising a lithium transition metal oxide, a metal oxide, or a
combination thereof, and the lithium transition metal oxide comprising lithium cobalt oxide, lithium
nickel oxide, and lithium nickel cobalt oxide, lithium nickel cobalt aluminum oxide, lithium nickel cobalt
manganese oxide, lithium manganate, lithium iron phosphate, or a combination thereof, wherein the
metal oxide comprises iron oxide, vanadium oxide, or a combination thereof.
Regarding claims 16 and 17 of the instant application, claim 17 of ‘509 claims the cathode active material layer further comprising one or more selected from among a solid electrolyte, a conductive material, and a binder, the solid electrolyte comprising a sulfide-based solid electrolyte, and the conductive material comprises a carbon-based conductive material. Claim 17 of ‘509 claims the solid electrolyte layer comprising a solid electrolyte or a combination of the solid electrolyte and a gel electrolyte, the solid electrolyte comprising a sulfide-based solid electrolyte, an oxide-based solid electrolyte, a polymer solid electrolyte, or a combination thereof, and the gel electrolyte comprises a polymer gel electrolyte.
Regarding claims 18 of the instant application, claim 18 of ‘509 claims the sulfide-based solid
electrolyte is at least one selected from:
a) Li2S-P2S5,
b) Li2S-P2S5-LiX (wherein X is a halogen element)
c) Li2S-P2S5-Li2O
d) Li2S-P2S5-Li2O-LiI
e) Li2S-SiS2
f) Li2S-SiS2-LiI
g) Li2S-SiS2-LiBr
h) Li2S-SiS2-LiCl
i) Li2S-SiS2-B2S3-LiI
j) Li2S-SiS2-P2S5-LiI
k) Li2S-B2S3
l) Li2S-P2S5-ZmSn (wherein m and n are positive numbers and Z is at
least one selected from Ge, Zn, and Ga)
m) Li2S-GeS2
n) Li2S-SiS2-Li3PO4
o) Li2S-SiS2-LipMOq (wherein p and q are positive numbers and M is
at least one selected from P, Si, Ge, B, Al, Ga, and In)
p) Li7-xPS6-xClx (wherein 0≤x≤2)
q) Li7-xPS6-xBrx (wherein 0≤x≤2)
r) Li7-xPS6-xIx (wherein 0≤x≤2) or a combination thereof.
Furthermore, claim 18 of ‘509 claims the sulfide-based solid electrolyte may be an argyrodite-type solid electrolyte comprising at least one selected from Li6PS5Cl, Li6PS5Br, Li6PS5I or a combination thereof, and a density of the argyrodite-type solid electrolyte is in a range of about 1.5 g/cc to about 2.0 g/cc.
Regarding claim 19 of the instant application, claim 19 of ‘509 claims at least one of the cathode
current collector or the anode current collector comprises a base film and a metal layer on at least one
side of the base film, the base film comprises a polymer, the polymer comprises polyethylene terephthalate (PET), polyethylene (PE), polypropylene (PP), polybutylene terephthalate (PBT), polyimide (PI), or a combination thereof, and the metal layer comprises indium (In), copper (Cu), magnesium (Mg),
stainless steel, titanium (Ti), iron (Fe), cobalt (Co), nickel (Ni), zinc (Zn), aluminum (Al), germanium (Ge),
lithium (Li), or an alloy thereof.
Regarding claim 20 of the instant application, claim 20 of ‘509 claims a first inactive member on
at least one side of the cathode current collector facing away the cathode active material layer, and hence on another side, or on a side of the anode current collector facing away the first anode active material layer, and hence on another side. Claim 20 of ‘509 further claims that the first inactive member is an elastic member.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
16. Claims 1, 3, 7 and 16-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 7-8, 14, 16, and 18-20 of copending Application No. 19/608,792 (reference application), herein referred to as the ‘792 application in view of Suzuki (US PG Pub 2020/0313164 A1).
Regarding claim 1 of the instant application, claim 1 of ‘792 claims an all-solid secondary battery with a cathode layer, an anode layer and a solid electrolyte layer between the cathode layer and the anode layer. Claim 1 of ‘792 further claims the cathode layer comprising a cathode current collector and a cathode active material layer on one side of the cathode current collector, as well as the anode layer comprising an anode current collector and an anode active material layer between the anode current collector and the solid electrolyte layer. Claim 1 of ‘792 also claims the anode active material capable of forming an alloy or compound with lithium and a fibrous carbon-based material. Claim 8 of ‘792 claims an anode active material layer comprising a binder. Claim 14 of ‘792 claims a ratio (B/A) of an initial charge capacity (B) of the active material layer to an initial charge capacity (A) of the cathode active material layer is 0.01 to 0.45. Because the claimed range in the present application overlaps or lies inside the range disclosed by the co-pending application, a prima facie case of obviousness exists. MPEP § 2144.05.
However, ‘792 does not claim the method of determining the charge capacity ration.
Sukuzi teaches that a viable method of measuring charge capacity for both the cathode and anode is by using an open circuit voltage (OCV), using the cathode and Li as working electrode / counter-electrode, anode and Li as working electrode / counter-electrode, to the upper limit charging voltage and 0.01 V for the cathode and anode respectively (para. [0104]-[0105]).
Suzuki teaches that direct measurement of the charge capacity ratio is possible in this manner (para. [0104]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the time of the
effective filing date of the claimed invention to measure the charge capacity ratio by using a first and second OCV as taught by Suzuki to directly measure the charge capacity ratio of the cathode and anode of the present invention.
Regarding claim 3 of the instant application, claim 2 of ‘792 claims the anode active material comprising a metal which comprises silicon (Si), gold (Au), platinum (Pt), palladium (Pd), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof.
Regarding claim 7 of the instant application, claim 7 of ‘792 claims the fibrous carbon-based material comprising a fibrous carbon nanostructure, and the fibrous carbon nanostructure comprises a carbon nanotube, a carbon nanofiber, a carbon nanobelt, a carbon nanorod, or a combination thereof.
Regarding claim 15 of the instant application, claim 16 of ‘792 claims the cathode active material layer comprising a cathode active material, the cathode active material comprising a sulfide-based cathode active material, an oxide-based cathode active material, or a combination thereof. Claim 16 of ‘792 further claims the sulfide-based cathode active material comprising nickel sulfide, copper sulfide, Li2S, a Li2S- containing composite, or a combination thereof. Additionally, claim 16 of ‘792 claims the oxide-based cathode active material comprising a lithium transition metal oxide, a metal oxide, or a combination thereof, the lithium transition metal oxide comprises lithium cobalt oxide, lithium nickel oxide, lithium nickel cobalt oxide, lithium nickel cobalt aluminum oxide, lithium nickel cobalt manganese oxide, lithium manganese oxide, lithium iron phosphate, or a combination thereof, and the lithium oxide comprises iron oxide, vanadium oxide, or a combination thereof.
Regarding claim 16 of the instant application, claim 16 of ‘792 claims the cathode active material layer further comprising one or more selected from a conductive material and a binder, and the conductive material comprising a carbon-based conductive material.
Regarding claims 17 and 18 of the instant application, claim 18 of ‘792 claims Regarding claims 18 of the instant application, claim 18 of ‘792 claims the sulfide-based solid electrolyte is at least one selected from:
a) Li2S-P2S5,
b) Li2S-P2S5-LiX (wherein X is a halogen element)
c) Li2S-P2S5-Li2O
d) Li2S-P2S5-Li2O-LiI
e) Li2S-SiS2
f) Li2S-SiS2-LiI
g) Li2S-SiS2-LiBr
h) Li2S-SiS2-LiCl
i) Li2S-SiS2-B2S3-LiI
j) Li2S-SiS2-P2S5-LiI
k) Li2S-B2S3
l) Li2S-P2S5-ZmSn (wherein m and n are positive numbers and Z is at
least one selected from Ge, Zn, and Ga)
m) Li2S-GeS2
n) Li2S-SiS2-Li3PO4
o) Li2S-SiS2-LipMOq (wherein p and q are positive numbers and M is
at least one selected from P, Si, Ge, B, Al, Ga, and In)
p) Li7-xPS6-xClx (wherein 0≤x≤2)
q) Li7-xPS6-xBrx (wherein 0≤x≤2)
r) Li7-xPS6-xIx (wherein 0≤x≤2) or a combination thereof.
Furthermore, claim 18 of ‘792 claims the sulfide-based solid electrolyte may be an argyrodite-type solid electrolyte comprising at least one selected from Li6PS5Cl, Li6PS5Br, Li6PS5I or a combination thereof, and a density of the argyrodite-type solid electrolyte is in a range of about 1.5 g/cc to about 2.0 g/cc.
Regarding claim 19 of the instant application, claim 19 of ‘792 claims one or more of the cathode current collector and the anode current collector comprise a base film and a metal layer disposed on one side or opposite sides of the base film, the base film comprises a polymer, and the polymer comprises polyethylene terephthalate (PET),polyethylene (PE), polypropylene (PP), polybutylene terephthalate (PBT), polyimide (PI), or a combination thereof, and the metal layer comprises indium (In), copper (Cu), magnesium (Mg), stainless steel, titanium (Ti), iron (Fe), cobalt (Co), nickel (Ni), zinc (Zn), aluminum (Al), germanium (Ge),lithium (Li), or an alloy thereof.
Regarding claim 20 of the instant application, claim 20 of ‘792 claims a first inactive member disposed on the other side of the cathode current collector and the other side of the anode current collector, wherein the first inactive member is an elastic member.
This is a provisional nonstatutory double patenting rejection.
Conclusion
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN ANDREW JON MCMULLEN whose telephone number is (571)270-0127. The examiner can normally be reached 7:30 am - 5:00 pm.
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/N.A.M./
Nathan A McMullen
Examiner, Art Unit 1788
09/03/2026
/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788
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