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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR 10-2023-0140695, filed on October 19, 2023.
Double Patenting
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.
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Claims 1-11 and 13-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 18/676,695 in view of Wu (ACS Appl. Mater. Interfaces 2021, 13, 46644-46649).
Claims 1-12 of Application No. 18/676,695 teach all of the limitations of Claim 1-11 and 13-14 of the instant application with the exception of the inclusion of a lithium-deficient layer at an interface between the solid ion conductor particles and the coating layer.
Wu teaches that moderate amounts of lithium vacancies in argyrodite solid electrolytes improve lithium-ion conductivity (Figure 2a). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to modify the claimed invention of 18/676,695 to include a lithium deficient region in the solid ion conducting particles, as taught by Wu.
This is a provisional nonstatutory double patenting rejection.
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga (U.S. Patent Application Publication No. 2021/0184253) in view of Wu (ACS Appl. Mater. Interfaces 2021, 13, 46644-46649), as evidenced by Cardarelli (Materials Handbook: A Concise Desktop Reference. Switzerland: Springer International Publishing, 2018).
Regarding Claim 1, Koga teaches a solid electrolyte, comprising: solid ion conductor particles ([0018]-[0019] and Figure 1 teach first particles 101 comprising solid electrolyte 1000); a coating layer on the solid ion conductor particles ([0018]-[0022] and Figure 1 teach second particles 102 and particle boundary layer 103, each coating first particles 101, where 101, 102, and 103 are all solid electrolyte materials), the coating layer including a compound represented by Chemical Formula 1: [Chemical Formula 1] Li3+aM1bX16+c wherein, in Chemical Formula 1, M1 is a metal other than lithium; X1 is halogen element; and 0≤a<1, 0<b≤1, 0≤c<1 ([0037]-[0040] teach Li3YBr6 and Li3YCl6 are suitable solid electrolyte materials for first particles 101, second particles 102, and particle boundary layer 103 and thus may be used as a coating layer, as is the case in the instant application. First particles 101, corresponding to solid ion conductor materials of the instant application, may be selected from a variety of solid electrolyte materials taught by Koga. Additionally, [0118] teaches Li3InCl6 and Li3InBr6 are suitable solid electrolyte materials).
Koga does not teach a lithium-deficient layer at an interface between the solid ion conductor particles and the coating layer and M1 is a metal other than lithium with a modulus of less than or equal to 100 GPa at 25 °C.
Wu teaches the utilization of lithium vacancies in Li6PS5Cl as a method of increasing lithium conductivity in solid electrolytes (Figure 2a).
Cardarelli teaches the Young’s moduli of both In and Y are less than 100 GPa (Table A.4).
Koga and Wu are analogous to the instant application as they each relate to solid electrolyte materials made to optimize lithium conductivity. Cardarelli is analogous to the instant application as it relates to the mechanical properties of relevant materials. While Koga teaches the use of a lithium metal halide as a coating layer in a solid electrolyte composition, Koga remains silent on a lithium deficient layer as well as the Young’s modulus of the metal contained with the lithium metal halide. To solve the same problem of providing a solid electrolyte with high lithium conductivity, Wu teaches moderate levels of lithium vacancies in Li6PS5Cl lead to improve lithium conductivity in a solid electrolyte. Cardarelli teaches the bulk moduli of Y and In to be below 100 GPa as inherent properties of the materials. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to modify the solid electrolyte composition taught by Koga to include a lithium deficient region on the solid ion conductor particles to achieve the predictable and desirable result of improved lithium conductivity, as taught by Wu.
Regarding Claim 2, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above goes on to teach M1 is In, Sn, Mg, Al, Sc, Ga, Y, As, Se, or a combination thereof ([0037]-[0040] teach Li3YBr6 and Li3YCl6 are suitable solid electrolyte materials for first particles 101, second particles 102, and particle boundary layer 103. Additionally, [0118] teaches Li3InCl6 and Li3InBr6 are suitable solid electrolyte materials).
To solve the same problem of providing a solid electrolyte in a lithium battery with high lithium conductivity, Koga teaches the inclusion of Li3YBr6 and Li3YCl6 as well as Li3InCl6 and Li3InBr6 as suitable materials in a solid electrolyte. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to incorporate either the lithium yttrium halide or lithium indium halide into the solid electrolyte of modified Koga described above.
Regarding Claim 3, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above goes on to teach X1 is Cl, Br, or a combination thereof ([0037]-[0040] teach Li3YBr6 and Li3YCl6 are suitable solid electrolyte materials for first particles 101, second particles 102, and particle boundary layer 103. Additionally, [0118] teaches Li3InCl6 and Li3InBr6 are suitable solid electrolyte materials).
To solve the same problem of providing a solid electrolyte in a lithium battery with high lithium conductivity, Koga teaches the inclusion of Li3YBr6 and Li3YCl6 as well as Li3InCl6 and Li3InBr6 as suitable materials in a solid electrolyte. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to incorporate either the lithium metal bromide or lithium metal chloride into the solid electrolyte of modified Koga described above.
Regarding Claim 4, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above goes on to teach a=0, b=1, and c=0 ([0037]-[0040] teach Li3YBr6 and Li3YCl6 are suitable solid electrolyte materials for first particles 101, second particles 102, particle boundary layer 103).
To solve the same problem of providing a solid electrolyte composition with high lithium conductivity, Koga teaches the values of a=0, b=1, and c=0 as suitable values in chemical formula 1. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to incorporate the lithium metal halide into the solid electrolyte composition of modified Koga described above where the chemical formula of the lithium metal halide is Li3MX6.
Regarding Claim 5, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above does not necessarily teach the compound represented by Chemical Formula 1 is Li3InCl6, Li3InBr6, or Li3InCl3Br3.
Koga goes on to teach the compound represented by Chemical Formula 1 is Li3InCl6, Li3InBr6, or Li3InCl3Br3 ([0118] teaches Li3InCl6 and Li3InBr6 are suitable and known solid electrolyte materials).
To solve the same problem of providing a solid electrolyte composition with high lithium conductivity, Koga teaches Li3InCl6 and Li3InBr6 are suitable solid electrolyte materials. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to incorporate Li3InCl6 and Li3InBr6 into the solid electrolyte composition of modified Koga described above.
Regarding Claim 6, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above does not necessarily teach the coating layer further includes a compound represented by Chemical Formula 2: [Chemical Formula 2] LiX2 in Chemical Formula 2, X2 is a halogen element.
Koga goes on to teach the coating layer further includes a compound represented by Chemical Formula 2: [Chemical Formula 2] LiX2 in Chemical Formula 2, X2 is a halogen element ([0118] teaches LiI to be a suitable solid electrolyte material).
To solve the same problem of providing a solid electrolyte composition with high lithium conductivity, Koga teaches the incorporation of LiI into the solid electrolyte composition. While Koga does not specifically identify LiI to be in the second particles 102 or particle boundary layer 103, Koga does mention LiI may be incorporated with the solid electrolyte 1000 ([0101] and [0117]-[0118]) thereby surrounding or coating the first particles 101. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to coat the solid electrolyte particles of modified Koga described above with LiI.
Regarding Claim 7, modified Koga as described above teaches all the limitations of Claim 6.
Koga goes on to teach the compound represented by Chemical Formula 2 is LiCl, LiBr, or LiI ([0118] teaches LiI to be a suitable solid electrolyte material).
To solve the same problem of providing a solid electrolyte composition with high lithium conductivity, Koga teaches the incorporation of LiI into the solid electrolyte composition. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to incorporate LiI as the lithium halide of Claim 6.
Regarding Claim 8, modified Koga as described above teaches all the limitations of Claim 6.
Modified Koga as described above does not explicitly teach a molar ratio of the compound represented by Chemical Formula 1 and the compound represented by Chemical Formula 2 is 1:1 to 1:10.
While Koga does not explicitly teach the ratio of the components corresponding to chemical formulas 1 and 2, one having ordinary skill in the art would be motivated to adjust the ratios of components taught by modified Koga to optimize lithium conductivity. This would lead one of ordinary skill in the art to arrive at least one value in the claimed range of the instant application without undue experimentation.
Regarding Claim 9, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above does not necessarily teach a molar content of the coating layer is 1 to 50 mol%, based on 100 mol% of the solid electrolyte.
Koga goes on to teach a molar content of the coating layer is 1 to 50 mol%, based on 100 mol% of the solid electrolyte (Table 1 and corresponding discussion).
To solve the same problem of optimizing lithium conductivity and limiting structural defects in a solid electrolyte composite, Koga varies the ratio of the first particles 101 to the second particles 102 and particle boundary layer 103, as summarized in Table 1, where specific samples, such as sample 3, fall within the range claimed in the instant application. While Koga defines the ratio of components by volume percent, sample 3 corresponds to the molar range claimed in the instant application. Table 2 of Koga and associated discussion further show the ratio of first particles 101 to second particles 102 and particle boundary layer 103 influences the ionic conductivity and structural defect rate of the solid electrolyte. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to modify the ratio of solid electrolyte components previously identified to fall within the claimed range of the instant application in order to optimize lithium conductivity.
Regarding Claim 10, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above does not teach the solid ion conductor particles necessarily include an argyrodite-type sulfide.
Koga goes on to teach the solid ion conductor particles include an argyrodite-type sulfide ([0050]-[0052] teach the use of an argyrodite sulfide as the first particles 101 to improve the conductivity of solid electrolyte 1000).
To solve the same problem of providing a solid electrolyte composition with high lithium conductivity, Koga teaches the use of an argyrodite sulfide for the first particles 101 in the solid electrolyte 1000. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to use argyrodite sulfide particles in the solid electrolyte 1000 of modified Koga described above.
Regarding Claim 11, modified Koga as described above teaches all the limitations of Claim 10.
Modified Koga as described above does not teach the argyrodite-type sulfide includes Li3PS4, Li7P3S11, Li7PS6, Li6PS5Cl, Li6PS5Br, Li5.8PS4.8Cl1.2, Li6.2PS5.2Br0.8, or a combination thereof.
Koga goes on to teach the argyrodite-type sulfide includes Li3PS4, Li7P3S11, Li7PS6, Li6PS5Cl, Li6PS5Br, Li5.8PS4.8Cl1.2, Li6.2PS5.2Br0.8, or a combination thereof ([0052] teaches the use of Li6PS5Cl).
To solve the same problem of providing a solid electrolyte composition with high lithium conductivity, Koga teaches Li6PS5Cl is a suitable argyrodite sulfide to incorporate into the composition. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to utilize Li6PS5Cl in modified Koga.
Regarding Claim 12, modified Koga as described above teaches all the limitations of Claim 11.
Modified Koga as described above does not teach the argyrodite-type sulfide is Li6PS5Cl, and the lithium-deficient layer is represented by Chemical Formula 3: [Chemical Formula 3] Li6-xPS5Cl in Chemical Formula 3, 0<x≤1.
Wu teaches the argyrodite-type sulfide is Li6PS5Cl, and the lithium-deficient layer is represented by Chemical Formula 3: [Chemical Formula 3] Li6-xPS5Cl in Chemical Formula 3, 0<x≤1 (Figure 2a and corresponding discussion).
To solve the same problem of improving lithium conductivity in a solid electrolyte, Wu teaches the use of Li6PS5Cl, where the molar amount of lithium vacancies is represented by a variable, x, falling between 0 and 0.8. Wu goes on to teach that a maximum conductivity is achieved when x is approximately 0.6. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to use Li6PS5Cl and define the lithium deficient region as the same formula with a variable amount of lithium vacancies defined by a variable, x, to improve lithium conductivity in a solid electrolyte.
Regarding Claim 13, modified Koga as described above teaches all the limitations of Claim 1.
Modified Koga as described above does not teach a positive electrode, comprising: the solid electrolyte as claimed in claim 1; and a positive electrode active material.
Koga goes on to teach a positive electrode, comprising: the solid electrolyte as claimed in claim 1; and a positive electrode active material ([0099]-[0101] and Figure 2 teach incorporating solid electrolyte 1000 into the positive electrode 201 with positive electrode active material particles 204).
To solve the same problem of providing a positive electrode composition with high lithium conductivity Koga teaches incorporating the solid electrolyte 1000 with a positive electrode active material to form a positive electrode with high lithium conductivity. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to incorporate the solid electrolyte composite of modified Koga into a positive electrode.
Regarding Claim 14, modified Koga as described above teaches all the limitations of Claim 13.
Modified Koga as described above does not teach an all-solid-state rechargeable battery, comprising: the positive electrode as claimed in claim 13; a negative electrode; and a solid electrolyte layer between the positive electrode and the negative electrode.
Koga goes on to teach an all-solid-state rechargeable battery, comprising: the positive electrode as claimed in claim 13; a negative electrode; and a solid electrolyte layer between the positive electrode and the negative electrode ([0099]-[0101] and Figure 2 teach a solid-state battery with a positive electrode 201, negative electrode 203, and solid electrolyte 202 separating the two electrodes).
To solve the same problem of creating a solid-state battery with high lithium conductivity throughout, Koga teaches incorporating the positive electrode of modified Koga discussed previously into a battery cell with a negative electrode and solid electrolyte separator. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to incorporate the positive electrode of modified Koga into a solid-state battery.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li (US 2024/0234811) teaches a plurality of solid-state electrolyte particles selected from a group consisting of solid electrolytes materials including Li3PS4, Li7P3S11, Li6PS5Cl, Li6PS5Br, Li3InCl6, and LiI.
Zhang (CN 115395087) teaches coating Li6PS5Cl with Li3InCl6 for use as a solid electrolyte material.
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/B.G.D./Examiner, Art Unit 1744
/SADIE WHITE/Primary Examiner, Art Unit 1721
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