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 .
Status of Claims
Claim(s) 1-11 are currently pending.
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 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1
The limitation “the alloy-forming layer is located closer to the electrolyte layer, and the polymer electrolyte layer is located closer to the negative electrode” is unclear and therefore renders the claim indefinite. The claim does not identify the structure relative to which the respective distances are compared. It is unclear what is required for the alloy forming layer to be “closer” to the electrolyte layer and for the polymer electrolyte to be closer to the negative electrode. Accordingly, one of ordinary skill could not reasonably ascertain the scope of the claim. Appropriate correction and clarification is required.
Regarding claim 2
The limitation “alloy forming layer and the polymer electrolyte layer have a mixed structure in which each layer is mixed and integrally formed” is unclear and therefore renders the claim indefinite. It is not clear if the limitation requires the alloy forming layer to be intermixed with each other or instead requires components within each respective layer to be mixed. Accordingly, one of ordinary skill could not reasonably ascertain the scope of the claim. Appropriate correction and clarification is required.
Regarding claims 3-11
Claims 3-11 are rejected at least for their dependency on claim 1.
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.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/240940 A1, Sako et al. with US 2022/0216514 A1 used as an English language equivalent, in view of US 20190198865 A1, Kim et al.
Regarding claim 1
Sako teaches an electricity storage device (corresponding to a lithium ion secondary battery 1000) [Abstract, paras. 0019 and 0040] comprising:
a negative electrode (103) [Fig. 1 and para. 0040];
a positive electrode (101) [Fig. 1 and para. 0040];
a polymer electrolyte layer (the electrolyte layer includes a film-shaped polymeric electrolyte) provided between the negative electrode (103) and the positive electrode (101) and having lithium ion conductivity (the polymeric electrolyte includes a polymer and a lithium salt) [paras. 0040, 0044, 0048 and 0074]; and
an electrolyte layer (102) provided between the negative electrode (103) and the positive electrode (101) and having lithium ion conductivity [paras. 0040 and 0061], wherein
the polymer electrolyte layer contains cyclic polycarbonate and chain polycarbonate (the polymer species is a copolymer containing vinylene carbonate having a nonaqueous solvent which may include at least one selected from the group consisting of cyclic carbonates, chain carbonates, and sulfolanes) [paras. 0043 and 0047],
the polymer electrolyte layer is formed at least on a surface of the electrolyte layer (102) facing the negative electrode (103) and is closer to the negative electrode [paras. 0040, 0044, 0048, 0065 and 0067],
the polymer electrolyte layer contains a lithium salt [paras. 0044-0045], and the concentration of the lithium salt in the polymer electrolyte layer is 3 mol/L or more (1 mol/L or greater and 7 mol/L or less) [para. 0045].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Sako does not teach an alloy-forming layer capable of forming an alloy with lithium, wherein the alloy-forming layer formed at least on a surface of the electrolyte layer facing the negative electrode, the alloy-forming layer is located closer to the electrolyte layer.
Kim teaches an electricity storage device (lithium battery 30) [Fig. 2G and para. 0075] comprising a negative electrode (anode 11), a positive electrode (cathode 21), a polymer electrolyte (24d), an electrolyte layer (24a) and an alloy forming layer (corresponding to inorganic protection layer 12 including a metal nitride) [Fig. 2G, paras. 0056, 0066 and 0082], wherein the polymer electrolyte layer (24d) and the alloy-forming layer (12) are formed at least on a surface of the electrolyte layer (24a) facing the negative electrode (11) [Fig. 2G], the alloy forming layer (12) is closer to the electrolyte layer (24a), and the polymer electrolyte layer (24d) is closer to the negative electrode (11) [Fig. 2G].
The alloy forming layer (12) of Kim improving the lifespan characteristics of the electricity storage device by minimizing or blocking the permeation of a solvent [paras. 0063-0065].
Sako and Kim are analogous inventions in the field of electricity storage devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the electricity storage device of Sako to comprise an alloy forming layer, as disclosed in Kim, for the purpose of improving the lifespan characteristics of the electricity storage device.
Regarding claim 2
Sako teaches an electricity storage device (corresponding to a lithium ion secondary battery 1000) [Abstract, paras. 0019 and 0040] comprising:
a negative electrode (103) [Fig. 1 and para. 0040];
a positive electrode (101) [Fig. 1 and para. 0040];
a polymer electrolyte layer (the electrolyte layer includes a film-shaped polymeric electrolyte) provided between the negative electrode (103) and the positive electrode (101) and having lithium ion conductivity (the polymeric electrolyte includes a polymer and a lithium salt) [paras. 0040, 0044, 0048 and 0074]; and
an electrolyte layer (102) provided between the negative electrode (103) and the positive electrode (101) and having lithium ion conductivity [paras. 0040 and 0061], wherein
the polymer electrolyte layer contains cyclic polycarbonate and chain polycarbonate (the polymer species is a copolymer containing vinylene carbonate having a nonaqueous solvent which may include at least one selected from the group consisting of cyclic carbonates, chain carbonates, and sulfolanes) [paras. 0043 and 0047],
the polymer electrolyte layer contains a lithium salt [paras. 0044-0045],
the concentration of the lithium salt in the polymer electrolyte layer is 3 mol/L or more (1 mol/L or greater and 7 mol/L or less) [para. 0045],
the polymer electrolyte layer is formed at least on a surface of the electrolyte layer (102) facing the negative electrode (103) [paras. 0040, 0044, 0048, 0065 and 0067], and
the polymer electrolyte layer has a mixed structure in which the layer is mixed and integrally formed [paras. 0043-0045 and Fig. 2G].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Sako does not teach an alloy-forming layer capable of forming an alloy with lithium, wherein the alloy-forming layer is formed at least on a surface of the electrolyte layer facing the negative electrode, the alloy-forming layer having a mixed structure in which the layer is mixed and integrally formed.
Kim teaches an electricity storage device (lithium battery 30) [Fig. 2G and para. 0075] comprising a negative electrode (anode 20), a positive electrode (cathode 21), a polymer electrolyte (24d), an electrolyte layer (24a) and an alloy forming layer (corresponding to inorganic protection layer 12 including a metal nitride) [Fig. 2G, paras. 0066 and 0082], wherein the polymer electrolyte layer (24d) and the alloy-forming layer (12) are formed at least on a surface of the electrolyte layer (24a) facing the negative electrode (20) [Fig. 2G], and the polymer electrolyte layer (24d) and the alloy-forming layer (12) have a mixed structure in which each layer is mixed and integrally formed [Fig. 2G, paras. 0066 and 0081-0082].
The alloy forming layer (12) of Kim improving the lifespan characteristics of the electricity storage device by minimizing or blocking the permeation of a solvent [paras. 0063-0065].
Sako and Kim are analogous inventions in the field of electricity storage devices. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the electricity storage device of Sako to comprise an alloy forming layer, as disclosed in Kim, for the purpose of improving the lifespan characteristics of the electricity storage device.
Regarding claim 3
Modified Sako teaches the electricity storage device as set forth above, wherein the cyclic polycarbonate and the chain polycarbonate are main components of the polymer electrolyte layer (vinylene carbonate species) [Sako, paras. 0040-0044].
Regarding claim 4
Modified Sako teaches the electricity storage device as set forth above, wherein the cyclic polycarbonate and the chain polycarbonate are derived from a material having a relative dielectric constant of 80 or more (the polymer species is a copolymer containing vinylene carbonate which is the same as the one disclosed in para. 0068 of the instant published specification) [Sako, para. 0043].
The court has held that products of identical chemical composition can not have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
Regarding claim 5
Modified Sako teaches the electricity storage device as set forth above, wherein the cyclic polycarbonate and the chain polycarbonate are derived from vinylene carbonate [Sako, para. 0044].
Regarding claim 6
Modified Sako teaches the electricity storage device as set forth above, wherein the lithium salt is at least one selected from a group consisting of LiN(SO2F)2, LiFSA, LiFSI, LiTFSI, Li((CF2SO2)2N) and LiBF4 [Sako, paras. 0066-0068].
Regarding claim 7
Modified Sako teaches the electricity storage device as set forth above, wherein the alloy-forming layer (12) contains a metal nitride [Kim, para. 0066].
Regarding claim 8
Modified Sako teaches the electricity storage device as set forth above, wherein the alloy-forming layer (12) has a thickness of 600 nm or less (100 nm or less) [Kim, para. 0069].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Regarding claim 9
Modified Sako teaches the electricity storage device as set forth above, wherein the electrolyte layer is made of solid electrolyte [Sako, paras. 0040 and 0061].
Regarding claim 10
Modified Sako teaches the electricity storage device as set forth above, wherein the negative electrode contains Li metal [Sako, para. 0058].
Regarding claim 11
Modified Sako teaches the electricity storage device as set forth above.
Modified Sako does not teach the alloy-forming layer (12) located closer to the electrolyte layer than the polymer electrolyte layer [Sako, para. 0067; Kim, Fig. 2G], and the polymer electrolyte layer located closer to the negative electrode than the alloy-forming layer (the negative electrode layer contains polymers of a vinylene carbonate species, which is involved in the polymeric electrolyte) [Sako, para. 0067].
Further, in the absence of criticality or unexpected results, rearranging the position of the alloy forming layer and the polymer electrolyte layer would have been an obvious matter of design choice to one of ordinary skill in the art [MPEP 2144.04].
Conclusion
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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