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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Figure 5 fail to identify item—22 in the specification as the negative electrode. The specification only mentions a negative electrode active layer (item—21) and a negative electrode current collector.
Figures 6 and 7 fail to identify item—R1 and item—CPE1 in the specification. The specification only mentions a resistance component (item—R2).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1—6 and 8—10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamitake, et al. (WO 2021/246042 A1) in view of Abe, et al. (JP 2018/170247 A).
Regarding claim 1, Kamitake, et al. teaches a solid-state battery negative electrode (paragraph 001) comprising a negative electrode active material layer (item—201, figure 3, paragraph 0084), the negative electrode active material layer comprising a solid electrolyte (item—105, figure 3, paragraph 0088; examiner notes Kamitake, et al. teaches the solid electrolyte noted as item 105 is also referred as the “third solid electrolyte” that separates multiple negative electrode active materials), and a coated active material having a negative electrode active material (item—1000, figure 1 and 3, paragraph 0032—0033, 0056 and 0061; examiner notes Kamitake, et al. teaches the negative electrode active material comprises graphite particles as an active material [item—100; paragraph 0032—0033], a first solid electrolyte [item—103; paragraph 0032—0033 and 0056] as an inner coating wherein the first solid electrolyte fills the voids inside the graphite particles, and a second solid electrolyte as an outer coating wherein the second solid electrolyte has a coverage rate of the outer surface of graphite particle to be 10% or less [paragraph 0061]).
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Modified Figure 3 Kamitake, et al.
However, Kamitake, et al. does not teach a carbon material coating nor a Raman spectrum analysis of the coated active material.
Abe, et al. teaches a negative electrode with a composite active material (paragraph 0082) comprising a carbon-based active material with a material coating at least a part of a surface of the negative electrode active material (paragraph 0054, 0063, 0077, 0115; examiner notes Abe, et al. teaches the composition active material comprises graphite [paragraph 0054] and a carbon-coated composition particle [paragraph 0063] by CVD [paragraph 0077]) wherein a Raman spectrum of the coated active material is measured by Raman spectroscopy, a ratio RD/G of an integrated intensity of D band to an integrated intensity of G band is 1.5 or more (claim 5; examiner notes Kamitake, et al. claims a ratio RD/G of 1.0 or more). Abe, et al. motivation was to improve charge/discharge cycle life (paragraph 0007).
Kamitake, et al. and Abe, et al. are in the corresponding field of a solid-state battery negative electrode wherein a negative electrode active material layer comprises graphite-based negative active material with a spherical shape with a surface coating. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the negative electrode taught by Kamitake, et al. with the carbon coating and Raman analysis taught by Abe, et al. to arrive at the negative electrode with enhanced charge and discharge characteristics as claimed.
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 2, Kamitake, et al. teaches the solid-state battery negative electrode ratio RD/G is 2.0 or more (claim 5).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 3, Kamitake, et al. teaches the solid-state battery negative electrode ratio RD/G is 3.5 or less (claim 5).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 4, Abe, et al. further teaches a ratio of a mass of the carbon material to a mass of the coated active material is less than 15% (paragraph 0022; examiner notes Abe, et al. teaches the weight increase amount by the CVD carbon coating was measured in three places in the same batch and was 17% on average and standard deviation 4.0).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 5, Kamitake, et al. further teaches the solid-state battery negative electrode coated active material has a BET specific surface area of more than 1.0 m2/g. (paragraph 0056; examiner notes Kamitake, et al. teaches a BET specific surface area of 5.0 m2/g or more).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 6, Kamitake, et al. further teaches the negative electrode active material comprises a graphite (item—100, paragraph 0023 and 0032).
Regarding claim 8, Kamitake, et al. further teaches the solid electrolyte comprises a solid sulfide electrolyte (paragraph 0091)
Regarding claim 9, Kamitake, et al. further teaches the solid sulfide electrolyte comprises a solid argyrodite-type sulfide electrolyte (paragraph 0066—0067).
Regarding claim 10, Kamitake, et al. further teaches a solid-state battery comprising: a positive electrode; a negative electrode; and a solid electrolyte layer disposed between the positive electrode and the negative electrode, wherein the negative electrode is the solid-state battery negative electrode (claim 12, paragraph 0161).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamitake, et al. (WO 2021/246042 A1) in view of Abe, et al. (JP 2018/170247 A) and further in view Wang, et al. (US 2015/0044564 A1).
Regarding claim 7, Kamitake, et al. and Abe, et al. render obvious the features of claim 1 but do not teach the volume ratio of the coated active material and the negative active material layer.
Regarding claim 7, Wang, et al. teaches solid-state battery (paragraph 0042) comprising a ratio of a volume of the coated active material to a volume of the negative electrode active material layer is 50% or more and less than 70% (paragraph 0032; examiner notes Wang, et al. teaches an negative electrode active material layer can consist of sulfides [paragraph 0033] and the coated active material includes coated graphene material in a spherical [paragraph 0026] and graphite material [paragraph 0027] for a conductive additive with graphene wherein the coated graphene sheet is at least 60% or more by volume of the anode active material). Wang, et al. motivation was to improve charge/discharge cycle life (paragraph 0122).
Kamitake, et al., Abe, et al. and Wang, et al. are in the corresponding field of a solid-state battery negative electrode wherein a negative electrode active material layer comprises graphite-based negative active material with a spherical shape with a coated active material. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure the negative electrode taught by Kamitake, et al. and Abe, et al. with the volume ratio of coated active material to negative electrode active material taught by Wang, et al. to arrive at the negative electrode with enhanced charge and discharge characteristics as claimed.
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Conclusion
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/K.M.F./Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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