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 Rejections - 35 USC § 112
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 3-6, and 8 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 3, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation “[…] the lithium salt being represented by Li2S-Lia-X1b where 1≤a≤5 and 1≤b≤5 […]” in lines 21-22, and the claim also recites “[…] X1 being I, Br, Cl, F, H, O, Se, Te, N, P, As, Sb, Al, B, OCl, PF6, BF4, SbF6, AsF6, ClO4, AlO2, AlCl4, NO3, CO3, BH4, SO4, BO3, PO4, NCl, NCl2, BN2, or a combination thereof […]” in lines 6-7 of page 3 which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 8 is 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. Claim 8 recites the limitation "on an opposite side" in lines 12-13 of claim 8. There is insufficient antecedent basis for this limitation in the claim. It is not clear which side “an opposite side” is referring to regarding the anode current collector. For example, “an opposite side” could refer to the opposite face of the “one side” recited in line 15 of claim one, or one of the edges. For the purposes of examination, both interpretations have been used.
Claims 4-6, which depend on claim 3, are similarly rejected.
5. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 5 claims “[…] the lithium salt is a binary or ternary compound, the binary compound comprising LiI, LiBr, LiCl, LiF, LiH, Li2O, Li2Se, Li2Te, Li3N, Li3P, Li3As, Li3Sb, Li3Al2, LiB3, or a combination thereof, and the ternary compound comprising Li3OCl, LiPF6, LiBF4, LiSbF6, LiAsF6, LiClO4, LiAlO2, LiAlCl4, LiNO3, Li2CO3, LiBH4, Li2SO4, Li3BO3, Li3PO4, Li4NCl, Li5NCl2, Li3BN2, or a combination thereof […]”. However, in claim 3 upon which claim 5 depends, the general formula “Li2-S-LiaX1b” where “1≤a≤5 and 1≤b≤5” and “X1 being I, Br, Cl, F, H, O, Se, Te, N, P, As, Sb, Al, B, OCl, PF6, BF4, SbF6, AsF6, ClO4, AlO2, AlCl4, NO3, CO3, BH4, SO4, BO3, PO4, NCl, NCl2, BN2, or a combination thereof” is recited. Therefore, the compounds listed in claim 5 are identical to those of claim 3 and claim 5 does not further limit the scope of claim 3. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
5. 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.
6. 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.
7. Claims 1-3, 5, 8, 10-12, 14, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of Suzuki (US PG Pub 2020/0313164 A1).
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), a solid electrolyte layer between the cathode layer and the anode layer (ref. 30, Fig. 1), and a first inactive member on a side surface of the cathode layer (para. [0040], ref. 40, 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 can be on one side (see ref. 12 in Fig. 1) or two sides (see ref. 12a & 12b, Fig. 2) of the cathode current collector (ref. 11, Fig. 1 & 2). The cathode active material layer comprises lithium sulfide, a lithium-containing sulfide-based material (para. [0053]), and the lithium-containing sulfide-based cathode active material comprises Li2S, a Li2S-containing composite, or a combination thereof (para. [0053]). The anode layer comprises an anode current collector (para. [0027], ref. 21, Fig. 1) and a first anode active material layer (ref. 22, Fig. 1) is on one surface of the anode current collector (see Fig. 1).
Lee 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), the ratio B/A is in the range of about 0.005 to about 0.45, 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).
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]). Sukuzi also teaches that a viable method of measuring charge capacity for both the cathode and anode (para. [0104]-[0105]) is by using an OCV (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 at 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 teaches a lithium-containing sulfide-based cathode active material comprising a Li2S-containing composite and the Li2S-containing composite comprises a composite of Li2S (para. [0053]) and graphite or carbon black which are conductive materials (para. [0061]).
Regarding claim 3, Lee teaches a Li2S-containing composite comprising a composite of Li2S (para. [0053]) and a lithium salt. The porous oxide-based composite solid electrolyte including a lithium salt (para. [0033]) is included in the cathode active material layer (para. [0028]). Furthermore, Lee teaches that the composite of Li2S and the lithium salt may be represented by the formula Li2S-LiaX1-b where 1≤a≤5 and 1≤b≤5 and X1 may be PF6, BF4, AsF6, or ClO4 (para. [0034]).
Regarding claim 5, the lithium salt is a ternary compound comprising LiPF6, LiBF4, LiAsF6, or LiClO4 (para. [0034]).
Regarding claim 8, Lee further teaches a first inactive member (para. [0040], ref. 40, Fig. 1) around a side surface of the cathode layer (para. [0027], ref. 12, Fig. 1) and in contact with the solid electrolyte layer (see Fig. 1), the first inactive member extending from one side surface of the cathode layer to an end portion of the solid electrolyte layer along a surface of the solid electrolyte layer (para. [0042] and Fig. 1). The area of the cathode layer in contact with the solid electrolyte layer is smaller than an area of the solid electrolyte layer facing the cathode layer (see Fig. 1). Furthermore, the first inactive member is around a side surface of the cathode layer and compensates for a difference between the area of the cathode layer in contact with the solid electrolyte layer and the area of the solid electrolyte layer facing the cathode layer (see Fig. 1). Lee further teaches the thickness of the anode active material layer (ref. 22, Fig. 1) is 50% or less than the thickness of the first inactive member (ref. 40, Fig. 1). The thickness of the anode active material layer may be 50% or less thick than cathode active material layer (ref. 12, Fig. 1) (para. [0083]), and the cathode active material layer and first inactive member share the same thickness (para. [0042], see Fig. 1). Lee also teaches an anode current collector not contacting the anode active material on one side and contacting the anode active material on the opposite side (ref. 21, Fig. 1).
Regarding claim 10, Lee teaches an anode layer comprising an anode active material and a binder (para. [0080]), and the anode active material has a particle form and particles of the particle form have an average particle diameter of about 10 nm to about 4 μm, anticipating the claimed range of 4 μm or less (para. [0074]) (MPEP § 2131.03).
Regarding claim 11, Lee teaches an anode active material comprising a carbon-based
anode active material, the carbon-based anode active material comprising amorphous carbon (para. [0076]) and a metal or metalloid anode active material, the metal or metalloid anode active material comprising gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof (para. [0077]).
Regarding claim 12, Lee further teaches the anode active material comprising a mixture of first particles of amorphous carbon and second particles of a metal or metalloid, and an amount of the second particles is in a range of 10:1 ratio second particles to first particles by weight, or about 9 wt%, to 2:1 ratio second particles to first particles by weight, or about 67 wt%, with respect to a total weight of the mixture anticipating the claimed range of 1-60 wt% second particles with respect to a total weight of the mixture (para. [0078]) (MPEP § 2131.03).
Regarding claim 14, Lee teaches an anode active material comprising a carbon-based support and a metal-based anode active material supported on the carbon-based support, wherein the metal-based anode active material comprises a metal (para. [0079]). Lee also teaches the metal-based anode active material is in a form of particles, and the particles have a particle diameter of about 10 nm to about 900 nm (para. [0074]), overlapping the claimed range of 1 nm to 200 nm (MPEP § 2144.05 I.). Furthermore, the carbon-based support has a particle form, and the carbon-based support has a particle diameter of about 10 nm to about 2 μm, as the anode active material may be carbonaceous (para. [0075]). Lee also teaches a second anode active material layer (ref. 22a or 22b in Fig. 2) between the anode current collector (ref. 21a or 21b in Fig. 2) and the first anode active material layer (after charging), wherein the second anode active material layer is a metal layer, and the metal layer comprises lithium or a lithium alloy (para. [0088]).
Regarding claim 19, Lee teaches an electrolyte comprising the sulfide-based solid electrolyte and
the sulfide-based solid electrolyte is at least one selected from Li2S-P2S5, Li2S-P2S5-LiX (wherein X is a
halogen element), Li2S-P2S5-Li2O, Li2S-P2S5-Li2O-LiI, Li2S-SiS2, Li2S-SiS2-LiI, Li2S-SiS2-LiBr, Li2S-SiS2-
LiCl, Li2S-SiS2-B2S3-LiI, 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), 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), 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]), and the sulfide-based solid electrolyte is 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]).
8. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of in view of Suzuki (US PG Pub 2020/0313164 A1) and further in view of
Sasaki (US PG Pub 2013/0224570 A1).
Lee and Suzuki are relied upon as described above.
Lee teaches a solid electrolyte in the Li2S containing composite which includes a lithium salt dissolved in an organic solvent or ionic liquid (para. [0033] – [0034]).
However, Lee and Suzuki both fail to teach a Li2S-containing composite comprising a solid solution of Li2S and a lithium salt, Li2S and a metal halide, or Li2S, a lithium salt, and a metal halide.
Sasaki teaches a nonaqueous-electrolyte battery (abstract) having a glass-based inorganic substance such as Li2S or a lithium salt as the solid electrolyte (para. [0049]).
Furthermore, Lee teaches that an all-solid secondary battery is desirable in comparison to a battery containing a liquid electrolyte due to enhanced safety (i.e. reduced risk of fire or explosion) (para. [0003]).
Therefore, it would have been obvious to one of ordinary skill at the time of the effective filing date of the claimed invention to have used a lithium salt in solid form as taught by Sasaki in the Li2S containing composite taught by Lee to eliminate the use of a flammable and/or volatile solvent and improve battery safety.
8. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of in view of Suzuki (US PG Pub 2020/0313164 A1) and further in view of
Yushin (US PG Pub 2015/0236372 A1).
Lee and Suzuki are relied upon as described above.
Lee and Suzuki both fail to teach a metal halide of the form required by claim 3, on which claim 6 depends (i.e. represented by the formula Li2S-McX2d where 1≤c≤5 and 1≤d≤5, M being at least one metal selected from among Groups 2 to 15 of the periodic table of elements, and X2 being I, Br, Cl, F, or a combination thereof).
Yushin teaches a lithium-ion battery comprising an Li2S composite electrode material with a protective layer disposed on the electrode (abstract), and that LiI in addition to other metal halides (e.g. MgF2 or MgI-2) may be used to promote the formation of an efficient protective layer for Li-ion batteries (para. [0120]).
Furthermore, Yushin teaches that the in-situ formation of a protective layer on a Li2S-based cathode particle can slow electrolyte decomposition or dissolution of the cathode (para. [0110]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have used the metal halide additives disclosed to promote the formation of an in-situ protective layer on the cathode to prevent electrolyte decomposition or cathode dissolution and improve battery performance.
8. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of in view of Suzuki (US PG Pub 2020/0313164 A1) and further in view of
Huang (US PG Pub 2021/0175494 A1).
Lee and Suzuki are relied upon as described above.
Lee and Suzuki both fail to disclose a Li2S containing composite comprising 40 wt% or more with respect to the total weight of the cathode active material layer.
Huang discloses a sulfur-based cathode material for a solid-state battery (abstract) comprising 30-80 wt% of Li2S, which is equivalently 30 to 80 parts by weight with respect to 100 parts by weight of the Li2S containing composite, anticipating the claimed range of 40 to 80 parts by weight. Furthermore, the amount of Li2S in the cathode active material layer is 40 wt% or more as a result. Huang further discloses the cathode material having 10-40 wt% of a lithium salt which is also a metal halide (LiI, or LiBr), anticipating the claimed range of 1 to 40 parts by weight. Lastly, Huang discloses 0-30 wt% of a conductive material or equivalently 0 to 30 parts by weight anticipating the claimed range of 1 to 20 parts by weight. The molar ratio of lithium salt to metal halide may be in the range of 3:1 to 1:3 as LiI or LiNO2, a metal halide and lithium salt respectively, may be selected as a second lithium compound (para. [0013]) having a content of 15-20 wt% (para. [0016]) and hence anticipating the claimed molar range (MPEP § 2131.03).
Furthermore, Huang teaches that the composition disclosed combines the high specific capacity of lithium sulfide with the high electronegativity species of the lithium halide and lithium salt compounds formed after charging which increase discharge voltage (para. [0044]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have used the claimed concentration of Li2S, lithium salt and metal halide species taught by Huang to improve specific capacity and discharge voltage.
9. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) in view of in view of Suzuki (US PG Pub 2020/0313164 A1) and further in view of
Haga (US PG Pub 2020/0313229 A1).
Lee and Suzuki are relied upon as described above.
Lee fails to teach a first anode active material layer further comprising a solid electrolyte.
Haga teaches a first and second active material layer (para. [0052], ref. 20 and 30 in Fig. 3D)
which may be positive or negative and may include a solid electrolyte material to improve lithium-ion
conductivity (para. [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to use solid electrolyte material in the anode active layer of Lee to enhance lithium-ion conductivity.
10. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) in view of in view of Suzuki (US PG Pub US 2020/0313164 A1) and further in view of
Haga (US PG Pub 2020/0313229 A1) and Ootsuki (US PG Pub 2021/0013460 A1).
Lee and Suzuki are relied upon as described above.
Lee fails to teach a first inactive member comprising a flame-retardant inactive member, the flame-retardant inactive member comprising a matrix and a filler.
Haga teaches an electrode body for an all-solid-state battery (abstract) wherein a cathode active material layer (para. [0052], ref. 30, Fig. 3D) is contacting an insulating layer (ref. 32 in Fig. 3D) and the insulating layer may be composed of a thermoplastic resin matrix such as polyethylene (PE)
or polypropylene (PP) and an inorganic filler (para. [0077]). Haga also teaches that by adding ceramic fillers to a resin matrix made of PE or PP such as aluminum hydroxide and magnesium hydroxide the compressive deformation resistance of the insulating layer may be modified (para. [0077], [0090]). Furthermore, aluminum hydroxide and magnesium oxide are known flame retardants in the art. (Specification of instant application, par. [0011]). Haga teaches that the electrode active layer preferably has similar compressive deformation resistance to the solid electrolyte layer to promote uniform pressure transmission during fabrication (para [0077] – [0104]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to use the ceramic additives taught by Haga in the first
inactive member of Lee to increase compressive deformation resistance and achieve uniform pressure
transmission during rolling. The resulting composition would therefore be considered “flame-retardant” as claimed due to the inclusion of aluminum hydroxide and magnesium hydroxide which are flame retardant filler materials.
Lee also fails to teach a first inactive member with a matrix comprising a substrate and a reinforcement material, the substrate comprising a first fibrous material, where the first fibrous material
is an insulator and the first fibrous material comprises at least one selected from a pulp fiber, a polymer
fiber that is an insulator, and an ion-conductive polymer fiber.
Ootsuki teaches a fire-resistant laminate (para. [0213], ref. 20, Fig. 5) and a battery cell (ref. 11 in Fig. 5) containing a cathode material, an anode material, a separator, a cathode terminal, and an anode terminal (para. [0206]). Furthermore, the fire-resistant resin layer is comprised of a thermoplastic resin matrix (para. [0086] - [0113]) and a base material of the laminate which may be an insulating polymer fiber cloth such as aramid (para. [0164] - [0167]). Ootsuki teaches that the purpose of the base material is to support the laminate after an ignition event (para. [0009]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to include the base layer taught by Ootsuki in the first
inactive member of Lee to improve stability after ignition.
Lee also fails to teach a reinforcement material comprising a second fibrous material, the
second fibrous material being flame-retardant and comprising glass or ceramic fiber and the filler
is a moisture getter and comprising a metal hydroxide, and the metal hydroxide is one selected from Mg(OH)2, Fe(OH)3, Sb(OH)3, Sn(OH)4, TI(OH)3, Zr(OH)4, Al(OH) or a combination thereof.
Ootsuki teaches an inorganic filler of the laminate which may be glass fiber (a flame-retardant
thermally insulating material) (para. [0149]) as well as a metal hydroxide such as magnesium hydroxide and aluminum hydroxide (para. [0405]-[0406]), both of which are known moisture getters (i.e. having hygroscopicity) in the art according to para. [00144] of the specification of the instant application.
Furthermore, Ootsuki teaches that the inorganic fillers are used to improve the mechanical
properties of the fire-resistant sheet containing them (para. 0415]). Ootsuki also teaches the use of
metal hydroxides as endothermic agents (para. [0341]) and that the endothermic agent contributes to
fire resistance and extinguishing performance (para. [0115]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to include the glass fiber and metal hydroxide fillers as
taught by Ootsuki to further enhance the mechanical properties and fire extinguishing performance of
the insulating members taught by Haga, Lee, and Suzuki.
11. Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) in view of Suzuki (US PG Pub US 2020/0313164 A1) and further in view of Tamura
(WO 2021/230008 A1) as evidenced by “Stainless Steel – Grade 304 (UNS S30400)” – Datasheet by AZO Materials.
Lee and Suzuki are relied upon as described above.
Regarding claim 15, Lee fails to teach a second inactive member on the opposite side of the anode current collector wherein the second inactive member comprises a conductive flame-retardant inactive member.
Tamura teaches a battery (title) having a power generating element (last paragraph of pg. 3, ref. 60, Fig. 1) containing a solid electrolyte layer (ref. 30, Fig. 1) between an electrode active material layer (ref. 12, Fig. 1) and a counter electrode active material layer (ref. 22, Fig. 1). The power generating element has a first and second principal surface (see 2nd full paragraph of pg. 4, ref. 61 and 62, Fig. 1) and a side surface (ref. 63, Fig. 1), where a current collector (ref. 11, 21 Fig. 1) and a first and second insulating member (see 2nd to last paragraph of pg. 6, ref. 41 and 42) are on the first and second principal surfaces respectively. Furthermore, Tamura teaches that the insulating member may include a plate-shaped reinforcing member containing a conductive additive (carbon fiber) or fire-retardant insulating additives (glass cloth) (see 3rd paragraph of page 9).
Tamura further teaches that the insulating member and reinforcing plate serves to protect the power generation element (see 5th paragraph on page 9, ref. 60 on Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to include an insulating member comprising the reinforcing
plate of Tamaura in the solid-state battery of Lee to protect the power generating element.
Regarding claim 16, Lee fails to teach a second inactive member wherein the Young’s modulus
of the second inactive member is less than the Young’s modulus of the anode current collector, the Young’s modulus of the second inactive member is about 100 MPa or less, the thickness of the second inactive member is greater than the thickness of the first anode active material layer, and the thickness of the first anode active material layer is about 50% or less of the thickness of the second inactive member.
Tamura teaches an insulating member (ref. 41, Fig. 1) having a Young’s modulus that may be 100 MPa to 4 GPa (see 8th paragraph of page 7), anticipating the claimed range (MPEP § 2131.03) and a current collector and counter electrode current collector (see 2nd full paragraph of page 4, ref. 11 and 21, Fig. 1) made of a metallic material such as stainless steel (see 5th full paragraph of page 4). It is well-known in the art that metals such as stainless steel have typical Young’s moduli exceeding 100 GPa (Datasheet by AZO Materials), greatly exceeding that of the insulating member disclosed by Tamura. Furthermore, the thicknesses of the electrode and counter electrode layers in Tamura’s disclosure are not particularly limited (see final paragraph of page 5); however, it is desirable to increase the thickness of the insulating members on the principal surfaces where stresses are easily applied to protect the power generating element from shocks and vibrations (see 4th – 6th paragraph of page 2).
Therefore, one of ordinary skill in the art at the time of the effective filing date of the claimed
invention would have been motivated to modify the solid-state battery of Lee with the first and second
insulating members taught by Tamura to further protect the solid electrolyte layer from crack formation
and propagation and to optimize the thickness of the second insulating member taught by Tamura to
further protect the power generating element from shocks and vibration to enhance battery reliability (MPEP § 2144 II.).
12. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) and Suzuki (US PG Pub US 2020/0313164 A1) in view of Noda (US PG Pub 2020/0006780 A1).
Lee and Suzuki are relied upon as described above.
Lee fails to teach a volumetric expansion ratio of the all-solid secondary battery after charging is
about 15% or less, and an energy density of the all-solid secondary battery is in a range of about 500
Wh/L to about 900 Wh/L.
Noda teaches a secondary battery (title) with a cathode and anode active material
(para. [0063], ref. 224 and 234, Fig. 5A and 5B) and a separator (para. [0063], ref. 212, Fig. 5A and
5B). The cathode material is Li2S and the anode material is Si (Table I). The energy density varies with the film thickness of the cathode and anode, and example 6 is reported within the claimed energy density range (856 Wh/L) (Table II), hence anticipating the range. Furthermore, the total volume ratio of the charged to discharged cells is reported to be 1.06 for example 6, or 6%, anticipating the claimed range (MPEP § 2131.03).
Noda also teaches that it is desirable to suppress volume change upon charging / discharging for
the entire battery (para. [0010]).
Therefore, one of ordinary skill in the art at the time of the effective filing date of the claimed
invention would be motivated to optimize the layer thicknesses of the electrode layers taught be Lee as
taught by Noda to suppress volumetric expansion during charging / discharging while balancing energy
density required (MPEP § 2144 II.).
13. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub
2021/0143413 A1) and Suzuki (US PG Pub US 2020/0313164 A1) in view of Yao (Adv. Energy Mater.
2017, 7, 1602923).
Lee and Suzuki are relied upon as described above.
Lee further teaches a solid electrolyte layer comprising a sulfide-based solid electrolyte (para.
[0066]). However, Lee does not teach that the solid electrolyte layer is impermeable to lithium polysulfide.
Yao et al. teach all-solid-state Li-S batteries can completely inhibit the dissolution of polysulfide,
eliminating polysulfide shuttle and avoiding lithium dendrite formation (introduction), meaning that the
solid electrolyte of Lee would be impermeable to polysulfides.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to recognize that the sulfide-based solid electrolyte of Lee has the property of being impermeable to lithium polysulfide.
14. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of Suzuki (US PG Pub US 2020/0313164 A1) and Kato (US PG Pub 2015/0118553 A1).
Lee and Suzuki are relied upon as described above.
Lee fails 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 at 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
15. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
16. Claims 1, 13 and 18 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 13 and 18 of co-pending U.S. Patent No. 18/458,824 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented:
18/733,695
18/458,824
1. An all-solid secondary battery comprising:
a cathode layer;
an anode layer;
a solid electrolyte layer between the
cathode layer and the anode layer; and
a first inactive member on a side of the
cathode layer, the cathode layer comprising a cathode current collector and
a cathode active material layer on one side
or two sides of the cathode current
collector,
the cathode active material layer
comprising a lithium-containing sulfide-
based cathode active material,
the lithium-containing sulfide-based
cathode active material comprising Li2S, a
Li2S-containing composite, or a
combination thereof,
the anode layer comprising an anode
current collector and a first anode active
material layer on one side of the anode
current collector,
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
being about 0.005 to about 0.45,
the initial charge capacity (A) of the
cathode active material layer being
determined by charging from a 1st open
circuit voltage up to a maximum charging
voltage for Li/Li+, and
the initial charge capacity (B) of the first
anode active material layer being
determined by charging from a 2nd open
circuit voltage up to a voltage of about 0.01
volt (V) for Li/Li+.
1. An all-solid secondary battery comprising:
a positive electrode layer;
a negative electrode layer;
a solid electrolyte layer between the
positive electrode layer and the negative
electrode layer; and
a first inactive member on a side surface of
the positive electrode layer, wherein the
positive electrode layer comprises a positive
electrode current collector and a positive
electrode active material layer on one surface or
opposite surfaces of the positive electrode
current collector,
the positive electrode active material layer
comprises a lithium-containing sulfide-based
positive electrode active material, and
the lithium-containing sulfide-based positive
electrode active material comprises Li2S, a Li2S-
containing composite, or a combination thereof,
wherein the negative electrode layer
comprises a negative electrode current collector
and a first negative electrode active material
layer on one surface of the negative electrode
current collector,
a ratio (B/A) of initial charge capacity (B)
of the first negative electrode active material
layer to initial charge capacity (A) of the positive
electrode active material layer is in a range of
about 0.005 to about 0.45,
the initial charge capacity of the positive
electrode active material layer determined by
charging from a first open circuit voltage to a
maximum charging voltage vs. Li/Li+, and
the initial charge capacity of the first
negative electrode active material layer
determined by charging from a second open
circuit voltage to a voltage of about 0.01 V vs.
Li/Li+.
13. The all-solid secondary battery as claimed in
claim 1, wherein the first anode active material
layer further comprises a solid electrolyte.
13. The all-solid secondary battery of claim 1,
wherein the first negative electrode active
material layer further comprises a solid
electrolyte.
18. The all-solid secondary battery as claimed in
claim 1, wherein the solid electrolyte layer
comprises an electrolyte,
the electrolyte comprising a solid
electrolyte, a gel electrolyte, or a combination
thereof,
the solid electrolyte comprising a sulfide-
based solid electrolyte, an oxide-based solid
electrolyte, a polymer solid electrolyte, or a
combination thereof,
the gel electrolyte comprising a polymer
gel electrolyte, and the solid electrolyte layer
being impermeable to lithium polysulfide.
18. The all-solid secondary battery of claim 1,
wherein the solid electrolyte layer
comprises an electrolyte,
the electrolyte comprises a solid
electrolyte, a gel electrolyte or a
combination thereof,
the solid electrolyte comprises a sulfide-
based solid electrolyte, an oxide-based solid
electrolyte, a polymer solid electrolyte, or a
combination thereof,
the gel electrolyte comprises a polymer
gel electrolyte, and the solid electrolyte
layer is impermeable to lithium polysulfide.
17. 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.
18. Claims 2, 8-12, 14-17, 19-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 5-6, 8-12, 14-17, 19-20 of copending Application No. 18/458,824 (reference application), herein referred to as the ‘824 application.
Claim 1 of the ‘824 application is relied on as described above.
Regarding claim 2 of the instant application, claim 2 of ‘824 claims an Li2S-containing composite
Comprising:
a composite of Li2S and carbon (a conductive material)
a composite of Li2S, carbon, and a solid electrolyte
a composite of Li2S and a solid electrolyte
a composite of Li2S, carbon, and a lithium salt
a composite of Li2S and a lithium salt
a composite of Li2S and metal carbide
a composite of Li2S, carbon, and metal carbide
a composite of Li2S and metal nitride
a composite of Li2S, carbon, and metal nitride; or a combination thereof.
Regarding claim 8 of the instant application, claim 5 of ‘824 claims a first inactive member
around a side surface of the cathode layer and in contact with the solid electrolyte layer, the
first inactive member extending from one side surface of the cathode layer to an end portion
of the solid electrolyte layer along a surface of the solid electrolyte layer. Claim 5 of ‘824 also claims an
area of the cathode layer in contact with the solid electrolyte layer smaller than an area of the
solid electrolyte layer facing the cathode layer, and the first inactive member is around a side
surface of the cathode layer to compensate for a difference between the area of the positive
electrode layer in contact with the solid electrolyte layer and the area of the solid electrolyte layer
facing the cathode layer. Furthermore, claim 6 of ‘824 further claims the first inactive member with greater thickness than that of the first anode active material layer, the thickness of the anode active material layer is about 50% or less of the thickness of the first inactive member, and the anode current collector is contacting the anode active material layer on a surface opposite the one surface of the anode current collector, and therefore the anode current collector is not contacting first anode active material on an opposite side of the current collector.
Regarding claim 9, claim 8 of ‘824 claims a first inactive member comprising a flame-retardant inactive member, and the flame-retardant inactive member comprises a matrix and a filler. Claim 9 of ‘824 further claims a matrix comprising a substrate and a reinforcement material, the substrate comprising a first fibrous material, where the first fibrous material is an insulator and the first fibrous material comprises at least one selected from a pulp fiber, a polymer fiber that is an insulator, and an ion-conductive polymer fiber. Claim 9 of ‘824 also claims the reinforcement material comprising a second fibrous material, where the second fibrous material is a flame-retardant and the second fibrous material comprises at least one selected from a glass fiber and a ceramic fiber. Claim 9 of ‘824 further claims the filler is a moisture getter and comprises metal hydroxide, and the metal hydroxide comprises at least one selected from Mg(OH)2, Fe(OH)3, Sb(OH)3, Sn(OH)4, TI(OH)3, Zr(OH)4, Al(OH) or a combination thereof.
Regarding claim 10 of the instant application, claim 10 of ‘824 claims a first anode active material layer comprising an anode active material and a binder, and the anode active material has a particle form and particles of the particle form have an average particle diameter of about 4 μm or less.
Regarding claim 11 of the instant application, claim 11 of ‘824 claims the anode active material comprising at least one selected from a carbon-based anode active material and a metal or metalloid anode active material. Claim 11 of ‘824 further claims the carbon-based anode active material comprising amorphous carbon, crystalline carbon, porous carbon, or a combination thereof. Furthermore, claim 11 of ‘824 claims the metal or metalloid anode active material comprising gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof.
Regarding claim 12 of the instant application, claim 12 of ‘824 claims an anode active material comprising a mixture of first particles of amorphous carbon and second particles of a metal or metalloid, and an amount of the second particles is in a range of about 1 wt% to about 60 wt% with respect to a total weight of the mixture.
Regarding claim 14 of the instant application, claim 14 of ‘824 claims an anode active
material comprising a carbon-based support and a metal-based anode active material
supported on the carbon-based support. Also, claim 14 of ‘824 claims the metal-based anode active material comprising a metal, a metal oxide, a composite of a metal and a metal oxide, or a combination thereof, where the metal-based anode active material is in a particle form and the particles have a particle diameter of about 1 nm to about 200 nm, the carbon-based support has a particle form, and the carbon-based support has a particle diameter of about 10 nm to about 2 μm. Furthermore, claim 14 of ‘824 claims a second anode active material layer which, after the all-solid secondary battery is charged, is between the anode current collector and the first anode active material layer, wherein the second anode active material layer is a metal layer, and the metal layer comprises lithium or a lithium alloy.
Regarding claim 15 of the instant application, claim 15 of ‘824 claims a second inactive member
on an opposite surface of the anode current collector contacting the anode active layer, wherein the second inactive member comprises a conductive flame-retardant inactive member.
Regarding claim 16 of the instant application, claim 16 of ‘824 claims a Young’s modulus of the
second inactive member less than a Young’s modulus of the anode current collector where the Young’s modulus of the second inactive member is about 100 MPa or less. Furthermore, claim 16 of ‘824 claims a thickness of the second inactive member greater than the thickness of the first anode active material layer and the thickness of the first anode active material layer is about 50% or less of the thickness of the second inactive member.
Regarding claim 17 of the instant application, claim 17 of ‘824 claims a volumetric expansion
ratio of the all-solid secondary battery after charging of about 15% or less, and an energy density of the
all-solid secondary battery is in a range of about 500 Wh/L to about 900 Wh/L.
Regarding claim 19 of the instant application, claim 19 of ‘824 claims an electrolyte comprising a
sulfide-based solid electrolyte and the sulfide-based solid electrolyte is at least one selected from Li2S-
P2S5, Li2S-P2S5-LiX (wherein X is a halogen element), Li2S-P2S5-Li2O, Li2S-P2S5-Li2O-LiI, Li2S-SiS2, Li2S-SiS2-LiI, Li2S-SiS2-LiBr, Li2S-SiS2-LiCl, Li2S-SiS2-B2S3-LiI, 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), 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), 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 where the sulfide-based solid electrolyte is 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 20 of the instant application, claim 20 of ‘824 claims at least one of the positive
electrode current collector or the anode current collector comprises a base film and a metal layer on one surface or both surfaces of the base film. Claim 20 of ‘824 further claims the base film comprising a polymer where the polymer comprises polyethylene terephthalate (PET), polyethylene (PE), polypropylene (PP), polybutylene terephthalate (PBT), polyimide (PI), or a combination thereof. Claim 20 of ‘824 also claims the metal layer comprising 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.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
19. Claims 1, 3, 10-11 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 9, 11-12, 14, 15-16 and 20 of copending Application No. 18/972,509 (reference application), herein referred to as the ‘509 application.
Regarding claim 1 of the instant application, claim 1 of ‘509 claims an all-solid secondary battery comprising a cathode, anode, and solid electrolyte layer where the solid electrolyte layer is between the anode and cathode layer. Claim 20 of ‘509 claims a first inactive member on a side of the cathode current collector, facing away the cathode active material layer and therefore a first inactive member on a side of the cathode active material 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 15 of ‘509 claims a cathode active material comprising Li2S, Li2S-containing composite, or a combination thereof. Claim 1 of ‘509 further claims the anode layer comprising an anode current collector and a first anode active material layer on one side of the anode current collector. Claim 1 of ‘509 also claims a ratio (B/A) of an initial charge capacity (B) of the first anode active material to an initial charge capacity (A) of the cathode active material layer being in a range of 0.01 to about 0.75 which overlaps the claimed range of the instant application (0.005 to about 0.45). Claim 1 of ‘509 further claims the initial charge capacity of the cathode active material layer (A) is determined by charging from a 1st open circuit voltage up to a maximum charging voltage vs. Li/Li+, and the initial charge capacity of the first anode active material layer (B) is determined by charging from a 2nd open circuit voltage up to a voltage of about 0.01 V vs. Li/Li+.
Regarding claim 3 of the instant application, claim 16 of ‘509 claims a Li2S-containing composite comprising:
a composite of Li2S and a lithium salt,
a composite of Li2S, a lithium salt, and a conductive material
a composite of Li2S and a metal halide
a composite of Li2S, a metal halide, and a conductive material
a composite of Li2S, a lithium salt, and a metal halide
a composite of Li2S, a lithium salt, a metal halide, and a conductive material,
or a combination thereof, the composite of Li2S and a lithium salt being represented by Li2S-LiaX1b, wherein 1≤a≤5 and 1≤b≤5, the composite of Li2S, a lithium salt, a metal halide, and a conductive material being represented by Li2S-LiaX1b-C, wherein 1≤a≤5 and 1≤b≤5, the composite of Li2S and a metal halide being represented by Li2S-McX2d, wherein 1≤c≤5 and 1≤d≤5, the composite of Li2S, a metal halide, and a conductive material being represented by Li2S-McX2d-C, wherein 1≤c≤5 and 1≤d≤5, the composite of Li2S, a lithium salt, and a metal halide being represented by Li2S-LiaX1b-McX2d, wherein 1≤a≤5, 1≤b≤5, 1≤c≤5, and 1≤d≤5, the composite of Li2S, a lithium salt, a metal halide, and a conductive material being represented by Li2S-LiaX1b-McX2d-C, wherein 1≤a≤5, 1≤b≤5, 1≤c≤5, 1≤d≤5, X1 being I, Br, Cl, F, H, O, Se, Te, N, P, As, Sb, Al, B, OCl, PF6, BF4, SbF6, AsF6, ClO4, AlO2, AlCl4, NO3, CO3, BH4, SO4, BO3, PO4, NCl, NCl2, BN2, or a combination thereof, M being at least one metal selected from among Groups 2 to 15 of the periodic table of elements, and X2 being I, Br, Cl, F, or a combination thereof.
Regarding claim 10 of the instant application, claim 12 of ‘509 claims the first anode active material layer comprising an anode active material and a binder. Claim 11 of ‘509 claims anode active material in the form of particles having a diameter of about 1 to 200 nm, or less than 4 µm as claimed in claim 10 of the instant application.
Regarding claim 11 of the instant application, claim 9 of ‘509 claims an anode active material comprising a carbon-based anode active material, a metal-based anode active material or a combination thereof. Claim 9 of ‘509 further claims the carbon-based anode active material comprising amorphous carbon, crystalline carbon, porous carbon, or a combination thereof, and the metal anode active material comprising gold, platinum, palladium, silver, aluminum, bismuth, tin, zinc, or a combination thereof. Claim 3 of ‘509 claims that the metal-based anode active material can be silicon.
Regarding claim 14 of the instant application, claim 11 of ‘509 claims an anode active material comprising a carbon-based support and a metal-based anode active material supported on the carbon-based support. Claim 11 of ‘509 further claims the metal-based anode active material comprising a metal, a metal oxide, a composite of a metal and a metal oxide, or a combination thereof, and being in a form of particles and having a particle diameter of about 1 nm to about 200 nm, and the carbon-based support being in a form of particles and having a particle diameter of about 10 nm to about 2 μm. Claim 14 of ‘509 claims a second anode active material layer between the anode current collector and the first anode active material layer wherein the second anode active material layer is a metal layer, the metal layer comprising lithium or a lithium alloy.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
20. Claim 18 and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 and 18 of copending Application No. 18/972,509 (reference application), herein referred to as the ‘509 application, in view of Yao (Adv. Energy Mater. 2017, 7, 1602923).
Regarding claim 18 of the instant application, claim 17 of ‘509 claims the solid electrolyte layer comprising an electrolyte, wherein the solid electrolyte layer comprises a solid electrolyte or a combination of the solid electrolyte and a gel electrolyte. Furthermore, claim 17 of ‘509 claims 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 comprising a polymer gel electrolyte.
‘509 does not claim the solid electrolyte layer being impermeable to lithium polysulfide.
Yao et al. teach all-solid-state Li-S batteries can completely inhibit the dissolution of polysulfide,
eliminating polysulfide shuttle and avoiding lithium dendrite formation (introduction), meaning that the
solid electrolyte of ‘509 would be impermeable to polysulfides.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to recognize that the sulfide-based solid electrolyte of ‘509 has the property of being impermeable to lithium polysulfide.
Regarding claim 19 of the instant application, claim 18 of ‘509 claims the sulfide-based solid electrolyte comprises at least one selected from among:
Li2S-P2S5
Li2S-P2S5-LiX, wherein X is a halogen element
Li2S-P2S5-Li2O
Li2S-P2S5-Li2O-LiI
Li2S-SiS2
Li2S-SiS2-LiI
Li2S-SiS2-LiBr
Li2S-SiS2-LiCl
Li2S-SiS2-B2S3-LiI
Li2S-SiS2-P2S5-LiI
Li2S-B2S3
Li2S-P2S5-ZmSn, wherein m and n are each a positive number and Z is one selected from among Ge, Zn, and Ga, Li2S-GeS2
Li2S-SiS2-Li3PO4, Li2S-SiS2-LipMOq, wherein p and q are each a positive number and M is one selected from among P, Si, Ge, B, Al, Ga, and In
Li7-xPS6-xClx, wherein 0<x<2
Li7-xPS6-xBrx, wherein 0<x<2
and Li7-xPS6-xIx, wherein 0≤x≤2
or comprises an argyrodite-type solid electrolyte, the argyrodite-type solid electrolyte comprising at least one selected from among Li6PS5Cl, Li6PS5Br, and Li6PS5I and having a density of about 1.5 g/cc to about 2.0 g/cc.
This is a provisional nonstatutory double patenting rejection.
19. Claims 1, 10 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 15 and 19-20 of copending Application No. 18/648,098 (reference application), herein referred to as the ‘098 application.
Regarding claim 1 of the instant application, claim 1 of ‘098 claims an all-solid-state secondary battery comprising a cathode layer, and anode layer, and a solid electrolyte layer between the cathode and anode layer. Claim 20 of ‘098 claims a first inactive member on another side of the cathode current collector, and therefore on a side of the cathode layer. Claim 1 of ‘098 further claims a cathode layer comprising a cathode current collector and a cathode active material layer on a side of the cathode current collector as well as an anode layer comprising an anode current collector and an anode active material layer on a side of the anode current collector. Claim 15 of ‘098 claims a lithium-containing sulfide-based material comprising Li2S, a Li-2S-containing composite, or a combination thereof. Claim 1 of ‘098 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, overlapping the claimed range of 0.005 to about 0.45 in the instant application, 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 10 of the instant application, claim 1 of ‘098 claims an anode active material layer comprising an anode active material and a binder. Claim 2 of ‘098 claims an anode active material having particles 2 µm or less, overlapping the claimed range of 4 µm or less.
Regarding claim 20 of the instant application, claim 19 of ‘098 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.
20. Claim 18 and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 and 18 of copending Application No. 18/648,098 (reference application), herein referred to as the ‘098 application, in view of Yao (Adv. Energy Mater. 2017, 7, 1602923).
Regarding claim 18 of the instant application, claim 17 of ‘098 claims the solid electrolyte layer comprising a solid electrolyte or a combination of the solid electrolyte and a gel electrolyte, the solid electrolyte comprises 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.
‘098 does not claim the solid electrolyte layer being impermeable to lithium polysulfide.
Yao et al. teach all-solid-state Li-S batteries can completely inhibit the dissolution of polysulfide,
eliminating polysulfide shuttle and avoiding lithium dendrite formation (introduction), meaning that the
solid electrolyte of ‘098 would be impermeable to polysulfides.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to recognize that the sulfide-based solid electrolyte of ‘098 has the property of being impermeable to lithium polysulfide.
Regarding claim 19 of the instant application, claim 18 of ‘098 claims the sulfide-based solid electrolyte comprises at least one selected from among:
Li2S-P2S5
Li2S-P2S5-LiX, wherein X is a halogen element
Li2S-P2S5-Li2O
Li2S-P2S5-Li2O-LiI
Li2S-SiS2
Li2S-SiS2-LiI
Li2S-SiS2-LiBr
Li2S-SiS2-LiCl
Li2S-SiS2-B2S3-LiI
Li2S-SiS2-P2S5-LiI
Li2S-B2S3
Li2S-P2S5-ZmSn, wherein m and n are each a positive number and Z is one selected from among Ge, Zn, and Ga, Li2S-GeS2
Li2S-SiS2-Li3PO4, Li2S-SiS2-LipMOq, wherein p and q are each a positive number and M is one selected from among P, Si, Ge, B, Al, Ga, and In
Li7-xPS6-xClx, wherein 0<x<2
Li7-xPS6-xBrx, wherein 0<x<2
and Li7-xPS6-xIx, wherein 0≤x≤2
and comprises an argyrodite-type solid electrolyte, the argyrodite-type solid electrolyte comprising at least one selected from among Li6PS5Cl, Li6PS5Br, and Li6PS5I and having a density of about 1.5 g/cc to about 2.0 g/cc.
20. Claims 1-2, 10-12, 14, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8-9, 12, and 15-20 of copending Application No. 18/615,495 (reference application), herein referred to as the ‘495 application, in view of Suzuki (US PG Pub 2020/0313164 A1).
Regarding claim 1 of the instant application, claim 1 of ‘495 claims an all-solid secondary battery with a cathode layer, anode layer and a solid electrolyte layer between the two. Claim 12 of ‘495 claims an inactive member along the side surface of the cathode layer. Claim 1 of ’495 claims a cathode layer comprising a cathode current collector and cathode active material layer on at least one side of the cathode current collector. Claim 8 of ‘495 claims a Li-2S or Li2S-containing composite (or a combination) as the cathode active material. Claim 1 of ‘495 claims an anode layer comprising an anode current collector and a first anode active material layer on at least one surface of the anode current collector. Claim 1 of ‘495 further claims an initial charge capacity (B) of the first anode active material layer is less than about 50 % of an initial charge capacity (A) of the cathode active material layer.
Claim 1 of ‘495 does not claim the basis for initial charge capacity recited in the instant application.
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).
Sukuzi teaches that a viable method of measuring charge capacity for both the cathode and anode (para. [0104]-[0105]) is by using an OCV (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 at the time of the
effective filing date of the claimed invention to use the method of Suzuki to determine initial charge capacity.
Regarding claim 2 of the instant application, claim 9 of ‘495 claims the Li2S-containing composite comprising:
a composite of Li2S and carbon (a conductive material)
a composite of Li2S, carbon, and a solid electrolyte
a composite of Li2S and a solid electrolyte
a composite of Li2S and a lithium salt,
a composite of Li2S, a lithium salt, and carbon
a composite of Li2S and a metal carbide
a composite of Li2S, carbon, and a metal carbide
a composite of Li2S and a metal nitride
a composite of Li2S, a carbon, and a metal nitride
or a combination thereof.
Regarding claim 10 of the instant application, claim 15 of ‘495 claims the first anode active material layer comprises an anode active material and a binder, and wherein the anode active material has a particle form and an average particle diameter of about 4 μm or less.
Regarding claim 11 of the instant application, claim 16 of ‘495 claims the anode active material comprising at least one selected from among a carbon-based anode active material and a metal-based anode active material, and wherein, the carbon-based anode active material comprises amorphous carbon, crystalline carbon, porous carbon, or a combination thereof, and the metal-based anode active material comprises gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof.
Regarding claim 12 of the instant application, claim 17 of ‘495 claims the anode active material comprising a mixture of first particles and second particles, wherein the first particles comprise amorphous carbon, and the second particles comprise a metal or metalloid, and wherein a content of the second particles is in a range of about 8 wt% to about 60 wt% with respect to a total weight of the mixture overlapping the claimed range of 1 wt% to 60 wt% in the instant application.
Regarding claim 14 of the instant application, claim 18 of ‘495 claims the anode active material comprising a carbon-based support and a metal-based anode active material supported on the carbon-based support, and wherein, the metal-based anode active material comprises a metal, a metal oxide, a composite of a metal and a metal oxide, or a combination thereof, the metal-based anode active material has a particle form and a particle diameter of about 1 nm to about 200 nm, and the carbon-based support has a particle form and a particle diameter of about 10 nm to about 2 μm. Claim 19 of ‘495 claims a second anode active material layer, wherein the second anode active material layer is between the first anode active material layer and the anode current collector and the second anode active material layer is a metal layer comprising lithium metal or a lithium alloy.
Regarding claim 20 of the instant application, claim 20 of ‘495 claims at least one of the cathode current collector or the anode current collector comprising a base film and a metal layer on at least one surface of the base film, and wherein, the base film comprises 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), titanium (Ti), iron (Fe), cobalt (Co), nickel (Ni), zinc (Zn), aluminum (Al), germanium (Ge), lithium (Li), or an alloy thereof.
20. Claims 1 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 18-20 of copending Application No. 18/431,712 (reference application), herein referred to as the ‘712 application, in view of Suzuki (US PG Pub 2020/0313164 A1).
Regarding claim 1 of the instant application, claim 1 of ‘712 claims an all-solid secondary battery comprising a cathode layer, a negative electrode layer, and a solid electrolyte layer between the cathode layer. Claim 1 of ‘712 also claims the cathode layer comprising a cathode current collector and a cathode active material layer, and the negative electrode layer comprising a negative current collector and a first negative active material layer.
‘712 does not claim the cathode and anode active material on one or two sides of the cathode and anode current collectors respectively.
Suzuki discloses an all-solid secondary battery (title) with an anode active material layer (para. [0132], ref. 22, Fig. 1) on a side of the anode current collector (para. [0132], ref. 21, Fig. 1) and a cathode active material layer (para. [0047], ref. 12, Fig. 1) on a side of the cathode current collector (ref. 11, Fig. 1).
A current collector is necessary to conduct the flow of electrical current from the electrode active materials.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have had the electrode active materials on at least one side of the current collector.
Claim 19 of ‘712 claims an inactive member on at least one side of the cathode layer. Claim 20 of ‘712 claims the sulfide-based cathode active material comprising Li2S, a Li2S-containing composite, or a combination thereof. Claim 12 of ‘712 claims a ratio (C1/C2) of a charging capacity C1 of the first anode active material to a charging capacity C2 of the cathode active material layer is from about 0.001 to about 0.45.
‘712 does not claim the basis for initial charge capacity recited in the instant application.
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).
Sukuzi teaches that a viable method of measuring charge capacity for both the cathode and anode (para. [0104]-[0105]) is by using an OCV (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 at the time of the
effective filing date of the claimed invention to use the method of Suzuki to determine initial charge capacity.
Regarding claim 20 of the instant application, claim 18 of ‘712 claims at least one of the positive current collector and the negative current collector comprising a base film and a metal layer on at least one side of the base film, wherein the base film comprises a polymer, the polymer comprising polyethyleneterephthalate (PET), polyethylene (PE), polypropylene (PP), polybutyleneterephthalate (PBT), polyimide (PI), or a combination thereof, and the metal layer comprises indium (In), copper (Cu), magnesium (Mg), titanium (Ti), iron (Fe), cobalt (Co), nickel (Ni), zinc (Zn), aluminum (Al), germanium (Ge), lithium (Li), or an alloy thereof.
20. Claims 1, 10-11 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12-14, 16-18 of copending Application No. 18/477,080 (reference application), herein referred to as the ‘080 application, in view of Suzuki (US PG Pub 2020/0313164 A1).
Regarding claim 1 of the instant application, claim 1 of ‘080 claims an all-solid 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 ‘080 further claims the cathode layer comprising a cathode current collector and the anode layer comprising an anode current collector and a first anode active material layer. Claim 14 of ’080 claims the cathode layer comprising a cathode active material layer.
‘080 does not claim the cathode and anode active material on one or two sides of the cathode and anode current collectors respectively.
Suzuki discloses an all-solid secondary battery (title) with an anode active material layer (para. [0132], ref. 22, Fig. 1) on a side of the anode current collector (para. [0132], ref. 21, Fig. 1) and a cathode active material layer (para. [0047], ref. 12, Fig. 1) on a side of the cathode current collector (ref. 11, Fig. 1).
A current collector is necessary to conduct the flow of electrical current from the electrode active materials.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have had the electrode active materials on at least one side of the current collector.
Claim 17 of ‘080 claims an inactive member on one side surface of the cathode layer. Claim 18 of ‘080 claims the cathode active material comprising Li2S, a Li2S-containing composite, or a combination thereof. Claim 14 of ‘080 claims a ratio (C1/C2) of charge capacity (C1) of the first anode active material layer to charge capacity (C2) of the cathode active material layer is about 0.001 to about 0.45.
‘080 does not claim the basis for initial charge capacity recited in the instant application.
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).
Sukuzi teaches that a viable method of measuring charge capacity for both the cathode and anode (para. [0104]-[0105]) is by using an OCV (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 at the time of the
effective filing date of the claimed invention to use the method of Suzuki to determine initial charge capacity.
Regarding claim 10 of the instant application, claim 14 of ‘080 claims the first anode active material layer further comprising a binder. Claim 13 of ‘080 claims the anode active material having a form of particles, and a particle diameter of the particles is about 10 nm to about 4 µm and hence overlapping the claimed range of 4 µm or less in the instant application.
Regarding claim 11 of the instant application, claim 12 of ‘080 claims the first anode active material layer comprising a carbon-based anode active material, a metal-based anode active material or a combination thereof. Claim 12 of ‘080 further claims the carbon-based anode active material comprising amorphous carbon, and the metal-based anode active material comprises an alloy-forming element selected from among gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), and a combination thereof.
Regarding claim 20 of the instant application, claim 16 of ‘080 claims 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 comprises 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.
21. Claim 18 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 21 of copending Application No. 18/477,080 (reference application), herein referred to as the ‘080 application, in view of Yao (Adv. Energy Mater. 2017, 7, 1602923).
Claim 21 of ’080 claims the solid electrolyte layer comprising an electrolyte, wherein the electrolyte comprises a solid electrolyte, a gel electrolyte, or a combination thereof, wherein the solid electrolyte comprising a sulfide-based solid electrolyte, an oxide-based solid electrolyte, a polymer solid electrolyte, or a combination thereof, and wherein the gel electrolyte comprises a polymer gel electrolyte.
‘080 does not claim the solid electrolyte layer being impermeable to lithium polysulfide.
Yao et al. teach all-solid-state Li-S batteries can completely inhibit the dissolution of polysulfide,
eliminating polysulfide shuttle and avoiding lithium dendrite formation (introduction), meaning that the
solid electrolyte of ‘080 would be impermeable to polysulfides.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
effective filing date of the claimed invention to recognize that the sulfide-based solid electrolyte of ‘080 has the property of being impermeable to lithium polysulfide.
22. Claims 1, 10-11, 14-15 and 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11-14 and 16-20 of copending Application No. 19/129,605 (reference application), herein referred to as the ‘605 application, in view of Suzuki (US PG Pub 2020/0313164 A1).
Regarding claim 1 of the instant application, claim 1 of ‘605 claims an all-solid-state secondary battery comprising a cathode layer, an anode layer, and a solid electrolyte layer disposed between the cathode layer and the anode layer. Claim 1 of ‘605 further claims the cathode layer comprising a cathode current collector and a cathode active material layer disposed on one side or both sides of the cathode current collector and the anode layer comprising an anode current collector and a first anode active material layer disposed on one side of the anode current collector. Claim 17 of ‘605 claims an inactive member disposed on one side of the cathode layer. Claim 16 of ‘605 claims the cathode active material comprising a Li2S-containing composite. Claim 11 of ‘605 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 in a range of 0.005 to 0.45.
‘605 does not claim the basis for initial charge capacity recited in the instant application.
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).
Sukuzi teaches that a viable method of measuring charge capacity for both the cathode and anode (para. [0104]-[0105]) is by using an OCV (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 at the time of the
effective filing date of the claimed invention to use the method of Suzuki to determine initial charge capacity.
Regarding claim 10 of the instant application, claim 11 of ‘605 claims the first anode active material layer comprising an anode active material and a binder, wherein the anode active material has a particle form and an average particle diameter of 4 pm or less.
Regarding claim 11 of the instant application, claim 12 of ‘605 claims the anode active material comprising at least one selected from a carbon-based anode active material and a metal-based anode active material, the carbon-based anode active material comprising amorphous carbon, crystalline carbon, porous carbon, or a combination thereof, and the metal-based anode active material comprises gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (AI), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof.
Regarding claim 14 of ‘695, claim 13 of ‘605 claims the anode active material comprising a carbon-based support and a gold-based anode active material, which is a metal-based anode active material, supported on the carbon-based support. Claim 13 of ‘605 further claims the metal-based anode active material comprising a metal, a metal oxide, a composite of a metal and a metal oxide, or a combination thereof and having a particle form with a particle diameter of 1 nm to 200 nm, the carbon-based support has a particle form and a particle diameter of 10 nm to 2 µm. Claim 13 of ‘605 further claims a second anode active material layer disposed between the anode current collector and the first anode active material layer and the second anode active material layer is a metal layer, wherein the metal layer comprises lithium or a lithium alloy.
Regarding claim 15 of the instant application, claim 14 of ‘695 claims a second inactive member disposed on the other side of the anode current collector, wherein the second inactive member comprises a conductive flame-retardant inactive member.
Regarding claim 18 of the instant application, claim 18 of ‘605 claims the solid electrolyte layer comprising an electrolyte, the electrolyte comprising a solid electrolyte, a gel electrolyte, or a combination thereof. Claim 18 of ‘605 further claims the solid electrolyte comprising a sulfide-based solid electrolyte, an oxide-based solid electrolyte, a polymer solid electrolyte, or a combination thereof, the gel electrolyte comprises a polymer gel electrolyte, and the solid electrolyte layer is impermeable to lithium polysulfide.
Regarding claim 19 of the instant application, claim 19 of ‘605 claims the sulfide-based solid electrolyte comprising at least one selected from:
Li2S-P2S5
Li2S-P2S5-LiX, wherein X is a halogen element
Li2S-P2S5-Li2O
Li2S-P2S5-Li2O-LiI
Li2S-SiS2
Li2S-SiS2-LiI
Li2S-SiS2-LiBr
Li2S-SiS2-LiCl
Li2S-SiS2-B2S3-LiI
Li2S-SiS2-P2S5-LiI
Li2S-B2S3
Li2S-P2S5-ZmSn, wherein m and n are each a positive number and Z is one selected from among Ge, Zn, and Ga,
Li2S-GeS2
Li2S-SiS2-Li3PO4,
Li2S-SiS2-LipMOq, wherein p and q are each a positive number and M is one selected from among P, Si, Ge, B, Al, Ga, and In
Li7-xPS6-xClx, wherein 0<x<2
Li7-xPS6-xBrx, wherein 0<x<2
and Li7-xPS6-xIx, wherein 0≤x≤2
Regarding claim 20 of the instant application, claim 20 of ‘605 claims at least one of the cathode current collector and 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 comprises 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.
23. Claims 1 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, and 18-20 of copending Application No. 19/162,806 (reference application), herein referred to as the ‘806 application, in view of Suzuki (US PG Pub 2020/0313164 A1).
Regarding claim 1 of the instant application, claim 1 of ‘806 claims an all-solid-state secondary battery comprising a positive electrode layer, a negative electrode layer, and a solid electrolyte layer disposed between the positive electrode layer and the negative electrode layer. Claim 1 of ‘806 further claims the positive electrode layer comprising a positive electrode current collector and a positive electrode active material layer and the negative electrode layer comprising a negative electrode current collector and a first negative electrode active material layer.
‘806 does not claim the cathode and anode active material on one or two sides of the cathode and anode current collectors respectively.
Suzuki discloses an all-solid secondary battery (title) with an anode active material layer (para. [0132], ref. 22, Fig. 1) on a side of the anode current collector (para. [0132], ref. 21, Fig. 1) and a cathode active material layer (para. [0047], ref. 12, Fig. 1) on a side of the cathode current collector (ref. 11, Fig. 1).
A current collector is necessary to conduct the flow of electrical current from the electrode active materials.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have had the electrode active materials on at least one side of the current collector.
Claim 19 of ‘806 claims an inactive member disposed on one side surface of the positive electrode layer, wherein the inactive member is disposed along side surfaces of the positive electrode layer to surround the positive electrode layer. Claim 20 of ‘806 claims the sulfide-based cathode active material comprising Li2S, a Li2S-containing composite, or any combination thereof. Furthermore, claim 12 of ‘806 claims a ratio (C1/C2) of a charging capacity C1 of the first negative electrode active material layer to a charging capacity C2 of the positive electrode active material layer is 0.001 to 0.45.
‘806 does not claim the basis for initial charge capacity recited in the instant application.
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).
Sukuzi teaches that a viable method of measuring charge capacity for both the cathode and anode (para. [0104]-[0105]) is by using an OCV (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 at the time of the
effective filing date of the claimed invention to use the method of Suzuki to determine initial charge capacity.
Regarding claim 20 of the instant application, claim 18 of ‘806 claims the positive electrode current collector comprising a base film, and a metal layer disposed on at least one surface of the base film, the base film comprising a polymer, the polymer comprising polyethyleneterephthalate (PET), polyethylene (PE), polypropylene (PP), polybutyleneterephthalate (PBT), polyimide (PI), or any combination thereof, and the metal layer comprises indium (In), copper (Cu), magnesium (Mg), titanium (Ti), iron (Fe), cobalt (Co), nickel (Ni), zinc (Zn), aluminum (Al), germanium (Ge), lithium (Li), or an alloy thereof.
Conclusion
19. The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. Ito (JP 2019145299 A) discloses a solid-state secondary battery (introduction) using a sulfide-
based solid electrolyte (see [Production of Solid Electrolyte Layer]) with a charge capacity ratio of 0.002
<b/a < 0.5 (see formula 2).
20. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at (571) 272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.A.M./
Nathan A McMullen
Examiner, Art Unit 1788
07/22/2026
/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788
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