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 3 fail to identify item—12AS, 12BS, 13AS, and 13BS in the specification. The specification only mentions a pair of positive electrode active material layers [item—12 and 13].
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—5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guosheng, et al. (CN 110556571 B).
Regarding claim 1, Guosheng, et al. teach solid-state electrolyte for a solid-state battery (paragraph 002), the solid-state electrolyte comprising: a first solid-state electrolyte part having a perovskite structure (figure 4, paragraph 0069; examiner notes Guosheng, et al. teach an example of using Li0.35La0.55TiO3); and a second solid-state electrolyte part having an antiperovskite structure (figure 4, paragraph 0069; examiner notes Guosheng, et al. teach using Li3OCl).
Guosheng, et al. teach the XRD pattern of a solid-state electrolyte part (figure 3 and 4), but do not specify the lattice constant of the first solid-state electrolyte part nor the second solid-state electrolyte part.
Examiner notes lattice constant is a property of a solid-state electrolyte part. Applicant identifies several species which may be used. Guosheng, et al. teach solid-state electrolyte part with the same species as the applicant. Guosheng, et al. teach the first solid-state electrolyte part is Li3xLa2/3-xTiO3 (0 < x < 0.16) [paragraph 0005 and 0090; examiner notes if x=0.11 the chemical formula would be Li0.33La0.56TiO3] and the second solid-state electrolyte part is Li3OCl (paragraph 0090). Turning to applicant’s specification, applicant recites the first solid-state electrolyte part preferable includes Li0.33La0.56TiO3 (paragraph 0045) and the second solid-state electrolyte part preferable includes Li3OCl (paragraph 0045). Based on the same species, the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the first solid-state electrolyte and second solid-state electrolyte lattice constant as claimed.
Regarding claim 2, Guosheng, et al. further teach the first solid-state electrolyte part includes particles (figure 1), and the second solid-state electrolyte part is arranged between the particles (figure 1).
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Figure 1 from Guosheng, et al.
Regarding claim 3—4, Examiner notes lattice constant is a property of the solid-state electrolyte part. Applicant identify several species which may be used. Guosheng, et al. teach solid-state electrolyte part with the same species as the applicant. Guosheng, et al. teach the first solid-state electrolyte part is Li3xLa2/3-xTiO3 (0 < x < 0.16) [paragraph 0005 and 0090; examiner notes if x=0.11 the chemical formula would be Li0.33La0.56TiO3] and the second solid-state electrolyte part is Li3OCl (paragraph 0090). Turning to applicant’s specification, applicant recites the first solid-state electrolyte part preferable includes Li0.33La0.56TiO3 (paragraph 0045; examiner notes applicants state the lattice constant) and the second solid-state electrolyte part preferable includes Li3OCl (paragraph 0045). Based on the same species, Guosheng, et al. render obvious a ratio of the lattice constant of the antiperovskite structure to the lattice constant of the perovskite structure as claimed.
Regarding 5, Guosheng, et al. further teach the first solid-state electrolyte part comprises Li0.33La0.56TiO3(paragraph 0005; examiner notes Guosheng, et al. teach the first solid-state electrolyte part is Li3xLa2/3-xTiO3 (0 < x < 0.16) if x=0.11 the chemical formula would be Li0.33La0.56TiO3), and the second solid-state electrolyte part comprises Li3OCl (figure 1, paragraph 0090) or comprise at least one of Li3OCl in which Cl is completely substituted with fluorine, bromine, or iodine (paragraph 0010, examiner notes Guosheng, et al. teach Li3 OX, X is halogen).
Claim(s) 6—10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guosheng, et al. (CN 110556571 B).
Regarding claim 6, Guosheng, et al. teach a solid-state battery (paragraph 0002) comprising: a positive electrode (item—1 and 2, figure 2, paragraph 0045); a negative electrode (item—5, figure 2, paragraph 0045); and a solid-state electrolyte layer (item—3, figure 2, paragraph 0045) interposed between the positive electrode and the negative electrode (figure 2), wherein the solid-state electrolyte layer includes a first solid-state electrolyte part having a perovskite structure (paragraph 0069; examiner notes Guosheng, et al. teach using Li0.35La0.55TiO3), and a second solid-state electrolyte part having an antiperovskite structure (paragraph 0069; examiner notes Guosheng, et al. teach using Li3OCl).
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Figure 2 from Guosheng, et al.
Guosheng, et al. teach the XRD pattern of a solid-state electrolyte part (figure 3 and 4), but do not specify the lattice constant of the first solid-state electrolyte part nor the second solid-state electrolyte part.
Examiner notes lattice constant is a property of the solid-state electrolyte part. Applicant identify several species which may be used. Guosheng, et al. teach solid-state electrolyte part with the same species as the applicant. Guosheng, et al. teach the first solid-state electrolyte part is Li3xLa2/3-xTiO3 (0 < x < 0.16) [paragraph 0005 and 0090; examiner notes if x=0.11 the chemical formula would be Li0.33La0.56TiO3] and the second solid-state electrolyte part is Li3OCl (paragraph 0090). Turning to applicant’s specification, applicant recites the first solid-state electrolyte part preferable includes Li0.33La0.56TiO3 (paragraph 0045) and the second solid-state electrolyte part preferable includes Li3OCl (paragraph 0045). Based on the same species, the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the first solid-state electrolyte part and second solid-state electrolyte part lattice constant as claimed.
Regarding claim 7, Guosheng, et al. further teach the first solid-state electrolyte part includes particles (figure 1), and the second solid-state electrolyte part is arranged between the particles (figure 1).
Regarding claim 8—9, Examiner notes lattice constant is a property of the solid-state electrolyte part. Applicant identify several species which may be used. Guosheng, et al. teach solid-state electrolyte part with the same species as the applicant. Guosheng, et al. teach the first solid-state electrolyte part is Li3xLa2/3-xTiO3 (0 < x < 0.16) [paragraph 0005 and 0090; examiner notes if x=0.11 the chemical formula would be Li0.33La0.56TiO3] and the second solid-state electrolyte part is Li3OCl (paragraph 0090). Turning to applicant’s specification, applicant recites the first solid-state electrolyte part preferable includes Li0.33La0.56TiO3 (paragraph 0045; examiner notes applicants state the lattice constant) and the second solid-state electrolyte part preferable includes Li3OCl (paragraph 0045). Based on the same species, Guosheng, et al. render obvious a ratio of the lattice constant of the antiperovskite structure to the lattice constant of the perovskite structure as claimed.
Regarding claim 10, Guosheng, et al. further teach the first solid-state electrolyte part comprises Li0.33La0.56TiO3(paragraph 0005; examiner notes Guosheng, et al. teach the first solid-state electrolyte part is Li3xLa2/3-xTiO3 (0 < x < 0.16) if x=0.11 the chemical formula would be Li0.33La0.56TiO3), and the second solid-state electrolyte part comprises Li3OCl (figure 1, paragraph 0090) or comprise at least one of Li3OCl in which Cl is completely substituted with fluorine, bromine, or iodine (paragraph 0010, examiner notes Guosheng, et al. teach Li3 OX, X is halogen).
Claim(s) 11 and 13—15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai, et al. (US 2021/0218048 A1).
Regarding claim 11, A battery package (figure 4A, paragraph 0119) comprising: a solid-state battery (item—342, figure 4A, paragraph 0085); and a covering part covering the solid-state battery (item—346, figure 4A paragraph 0084), wherein the solid-state battery includes a positive electrode (item—290, figure 4A, paragraph 0069), a negative electrode (item—300, figure 4A, paragraph 0072), and a solid-state electrolyte layer (item—342, paragraph 0084) interposed between the positive electrode and the negative electrode (figure 4A), and the solid-state electrolyte layer includes a first solid-state electrolyte part having a perovskite structure [paragraph 0103 and 0105; examiner notes Dai, et al. teach the solid-state electrolyte including Li3xLa(2/3-x)TiO3 (where 0<x<0.25)], and a second solid-state electrolyte part having an antiperovskite structure (paragraph 0103 and 0107; examiner notes Dai, et al. teach the solid-state electrolyte including Li3OCl).
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Figure 4A from Dai, et al.
However, Dai, et al. do not specify the lattice constant of the first solid-state electrolyte part nor the second solid-state electrolyte part.
Examiner notes lattice constant is a property of the solid-state electrolyte. Applicant identify several species which may be used. Dai, et al. teach solid-state electrolyte part with the same species as the applicant. Dai, et al. teach the first solid-state electrolyte part is Li3xLa(2/3-x)TiO3 (where 0<x<0.25) [paragraph 0105; examiner notes if x=0.11 the chemical formula would be Li0.33La0.56TiO3] and the second solid-state electrolyte part is Li3OCl (paragraph 0107). Turning to applicant’s specification recites the first solid-state electrolyte preferable includes Li0.33La0.56TiO3 (paragraph 0045) and the second solid-state electrolyte preferable includes Li3OCl (paragraph 0045). Based on the same species, the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the first solid-state electrolyte part and second solid-state electrolyte part lattice constant as claimed.
Regarding claim 13—14, Examiner notes lattice constant is a property of the solid-state electrolyte part. Applicant identify several species which may be used. Dai, et al. teach solid-state electrolyte part with the same species as the applicant. Dai, et al. teach the first solid-state electrolyte part is Li3xLa(2/3-x)TiO3 (where 0<x<0.25) [paragraph 0105; examiner notes if x=0.11 the chemical formula would be Li0.33La0.56TiO3] and the second solid-state electrolyte is Li3OCl (paragraph 0107). Turning to applicant’s specification recites the first solid-state electrolyte part preferable includes Li0.33La0.56TiO3 (paragraph 0045) and the second solid-state electrolyte part preferable includes Li3OCl (paragraph 0045). Based on the same species, Guosheng, et al. render obvious a ratio of the lattice constant of the antiperovskite structure to the lattice constant of the perovskite structure as claimed.
Regarding claim 15, Dai, et al. further teach the first solid-state electrolyte part comprises Li0.33La0.56TiO3(paragraph 0105; examiner notes Dai, et al. teach the first solid-state electrolyte part is Li3xLa(2/3-x)TiO3 (where 0<x<0.25) if x=0.11 the chemical formula would be Li0.33La0.56TiO3) or comprises at least one of Li0.33La0.56TiO3 in which titanium is partially or completely substituted with niobium or zirconium (paragraph 0105), and the second solid-state electrolyte part comprises Li3OCl (paragraph 0107) or comprise at least one of Li3OCl in which Cl is partially substituted with bromine (paragraph 0107).
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai, et al. (US 2021/0218048 A1) and in further view of Guosheng, et al. (CN 110556571 B).
Regarding claim 12, Dai, et al. further teach the first solid-state electrolyte part includes particles (paragraph 0103 and 0105). Dai, et al. render obvious the features of claim 11, but do not teach the second solid-state electrolyte part is arranged between the first solid-state electrolyte part.
Guosheng, et al. teach a solid-state battery (paragraph 0002) comprising: a positive electrode (item—1 and 2, figure 2, paragraph 0045); a negative electrode (item—5, figure 2, paragraph 0045); and a solid-state electrolyte layer (item—3, figure 2, paragraph 0045) interposed between the positive electrode and the negative electrode (figure 2), wherein the solid-state electrolyte layer includes a first solid-state electrolyte part having a perovskite structure (paragraph 0069; examiner notes Guosheng, et al. teach using Li0.35La0.55TiO3), and a second solid-state electrolyte part having an antiperovskite structure (paragraph 0069; examiner notes Guosheng, et al. teach using Li3OCl) wherein the first solid-state electrolyte part includes particles (figure 1), and the second solid-state electrolyte part is arranged between the particles (figure 1).
Dai, et al. and Guosheng, et al. teach solid state battery comprising a positive electrode; a negative electrode; and a solid-state electrolyte layer interposed between the positive electrode and the negative electrode, wherein the solid-state electrolyte layer includes a first solid-state electrolyte part having a perovskite structure, and a second solid-state electrolyte part having an antiperovskite structure. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure battery package taught by Dai, et al. with second solid-state electrolyte arrangement taught by Guosheng, et al. to configure a solid state battery pack with the second solid-state electrolyte to be arranged between the particles of the first solid-state electrolyte as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN MITCHELL FRAZIER whose telephone number is (571)270-5955. The examiner can normally be reached Monday- Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria Veronica D Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.M.F./Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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