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
Claims 9-29 are pending. Claim 29 is withdrawn. Claims 9-28 are examined below.
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 9-28, in the reply filed on 6/9/2026 is acknowledged.
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.
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 9-23 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 2019/0157664) in view of Rangasamy et al. (An Iodide-Based Li7P2S8I Superionic Conductor).
Regarding claim 9, Yamamoto discloses a lithium solid-state battery (see para [0013] and [0032]) comprising:
a positive electrode active material layer (15) comprising a positive electrode active material;
a negative electrode active material (13) layer comprising a negative electrode active material; and
a solid electrolyte layer (17) disposed between the positive electrode active material layer and the negative electrode active material layer (see Yamamoto para [0032] and [0036]),
wherein the positive electrode active material layer, the negative electrode active material layer, or the solid electrolyte layer comprises a solid electrolyte material (see para [0032] and [0036]-[0037]).
Yamamoto does not disclose the composition of the solid electrolyte material.
Rangasamy is analogous art to Yamamoto as Rangasamy is directed to a Li-ion battery and solid electrolyte (see page 1384). Rangasamy discloses wherein the solid electrolyte material comprises a formula:
Li7P2S8I (see abstract and page 1386), which reads on
Li 4+3x+u*y-z P 1+x+y T y A 4+4x-z M 1+z, specifically when X is 1, Y and Z are equal to Zero, U is any integer, A is S (sulfur) and M is the halogen iodide, which meets the limitation:
wherein 0<x<4, 0<y<4, and 0<z<7;
wherein u is an integer representing the difference in preferred valence state between P and T;
wherein T is at least one element selected from the group consisting of P, As, Si, Ge, Al, and B;
wherein M is one or more halogens; and
wherein A is one or more of S and Se.
The Courts have held that it would be obvious to a person having ordinary skill in the art to select a known material (i.e. Li7P2S8I solid electrolyte), which is based upon its suitability for the intended use (i.e., Li-ion battery), is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claim 10, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the positive electrode active material comprises metal oxides, metal phosphates, metal sulfides, sulfur, lithium sulfide, oxygen, or air (i.e., lithium nickel-based composite oxide, see para [0043]-[0046]).
Regarding claim 11, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the negative electrode active material comprises lithium metal, lithium alloys, Si, Sn, graphitic carbon, or hard carbon (i.e., silicon and graphite, and hard carbon see Yamamoto para [0080]-[0082] and [0104]).
Regarding claim 12, modified Yamamoto discloses a lithium solid-state battery of claim 9, further comprising a positive electrode comprising aluminum, nickel, titanium, stainless steel, or carbon (i.e., current collector 12, see para [0038], [0171]-[0176]).
Regarding claim 13, modified Yamamoto discloses a lithium solid-state battery of claim 1, further comprising a negative electrode comprising copper, nickel, stainless steel, or carbon (i.e., current collector 11, see para [0038], [0171]-[0176]).
Regarding claim 14, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the positive electrode active material layer further comprises a binder (see Yamamoto para [0064] and [0067]).
Regarding claim 15, modified Yamamoto discloses a lithium solid-state battery of claim 14, wherein the binder comprises polyvinyl chloride (PVC) polyanilene, poly(methyl methacrylate) (PMMA), nitrile butadiene rubber (NBR), styrene-butadiene rubber (SBR), polyvinylidene fluoride (PVDF), or polystyrene (see Yamamoto para [0067]).
Regarding claim 16, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the positive electrode active material layer further comprises a conductive material (see Yamamoto para [0064] and [0070]).
Regarding claim 17, modified Yamamoto discloses a lithium solid-state battery of claim 16, wherein the conductive material comprises carbon black, graphite, carbon nanotubes, carbon fiber, graphene, metal particles, or filaments (see Yamamoto para [0070]).
Regarding claim 18, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the negative electrode active material layer further comprises a binder (see para [0102] and [0121]).
Regarding claim 19, modified Yamamoto discloses a lithium solid-state battery of claim 18, wherein the binder comprises polyvinyl chloride (PVC) polyanilene, poly(methyl methacrylate) (PMMA), nitrile butadiene rubber (NBR), styrene-butadiene rubber (SBR), polyvinylidene fluoride (PVDF), or polystyrene (see para [0121], see PMMA, SBR, acrylonitrile-butadiene rubber).
Regarding claim 20, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the negative electrode active material layer further comprises a conductive material (see para [0102] and [0129]).
Regarding claim 21, modified Yamamoto disclose a lithium solid-state battery of claim 20, wherein the conductive material comprises carbon black, graphite, carbon nanotubes, carbon fiber, graphene, metal particles, or filaments (see Yamamoto para [0129]).
Regarding claim 22, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the positive electrode active material layer has a thickness of 1 µm to 1000 µm (i.e., 1µm - 500µm, see Yamamoto para [0078]).
Regarding claim 23, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the negative electrode active material layer has a thickness of 1 µm to 1000 µm. (i.e., 1µm – 500µm, see Yamamoto para [0170]).
Regarding claim 26, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein the solid electrolyte layer has a thickness of 1 µm to 1000 µm (i.e., 5 to 200 µm, see Yamamoto para [0187]).
Regarding claim 27, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein 0<x<3,0<y<1, and 0<z<2 (see Rangasamy abstract and page 1386) (see discussion of claim 1).
Regarding claim 28, modified Yamamoto discloses a lithium solid-state battery of claim 9, wherein 1<x<3,0<y<0.5, and 0<z<1 (see Rangasamy abstract and page 1386) (see discussion of claim 1).
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. and Rangasamy et al. as applied to claim 9 above, and further in view of Yoshida (US 2014/0227578)
Regarding claim 24, modified Yamamoto lithium solid-state battery of claim 9, wherein the solid electrolyte layer further may comprise membrane reinforcement using stable polymeric additives (see Rangasamy page 1386, 2nd column). Modified Yamamoto does not specifically disclose a binder in the electrolyte layer.
Yoshida is analogous art to modified Yamamoto as Yoshida is directed to lithium batteries comprising an active positive electrode material comprising metal oxides, metal phosphates, metal sulfides, sulfur, lithium sulfide, oxygen, or air (see Yoshida para [0032]), a negative active electrode material comprising a lithium alloy and carbon (see para [0069]), and a solid electrolyte comprising LPS (see para [0037]).
Yoshida discloses the electrolyte layer comprises a binder (see para [0067]).
The court has held it would be obvious for a person having ordinary skill in the art to combine prior art elements (i.e., the solid electrolyte layer of modified Yamamoto and the binder of Yoshida) according to known methods (as disclosed by Yoshida), wherein the result is predictable, (i.e., a solid electrolyte layer).
Regarding claim 25, modified Yamamoto discloses a lithium solid-state battery of claim 24, wherein the binder comprises at least polyvinylidene fluoride (PVDF) (see para [0067]), which reads on comprising polyvinyl chloride (PVC) polyanilene, poly(methyl methacrylate) (PMMA), nitrile butadiene rubber (NBR), styrene-butadiene rubber (SBR), polyvinylidene fluoride (PVDF), polystyrene, self-healing polymers, or poly(ethylene) oxide.
The Courts have held that it would be obvious to a person having ordinary skill in the art to select a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nguyen et al. (JP 2016117640), reads on at least claim 9; Kang et al. (First-Principles Characterization of the Unknown Crystal Structure and Ionic Conductivity of Li7P2S8I as a Solid Electrolyte for High Voltage Li Ion Batteries), discloses crystalline structure, Kato et al. (US 2016/0248119), discloses crystalline structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYNE L MERSHON whose telephone number is (571)270-7869. The examiner can normally be reached 10:00 to 6:00 M-F.
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JAYNE L. MERSHON
Primary Examiner
Art Unit 1721
/JAYNE L MERSHON/ Primary Examiner, Art Unit 1721
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