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 7-8 and 16-18 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 7, it is not clear whether the limitation “secondary structure” recited in line 26 of page 2 is distinct from the limitation “or a combination of both” recited in lines 26-27 of page 2. It appears that “secondary structure” is referring to an agglomerated or bundled form of carbon nanotubes as defined in para. [0077] of the specification. However, such secondary structure necessitates the presence of primary structure. For the purposes of examination, the limitation “or a combination thereof” has been interpreted in the same manner as the limitation “secondary structure”.
Regarding claim 16, 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 16 recites the broad recitation “[…] a lithium salt being represented by Li2S-LiaX1b where 1≤a≤5 and 1≤b≤5 […]” in lines 3-4 of page 6, 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 15-17 of page 6 which is the narrower statement of the range/limitation. The claim(s) are 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.
Regarding claim 17, Applicant recites the limitation “[…] the solid electrolyte comprising a sulfide-based solid electrolyte, an oxide-based solid electrolyte, a polymer solid electrolyte, or a combination thereof […]” in lines 3-4 of page 7. However, it does not appear that this limitation is further limiting to the limitations previously recited in claim 17. Furthermore, it is not clear whether the limitation “solid electrolyte” in line 3 of page 7 refers to “the solid electrolyte” recited in line 24 of page 6, to “a solid electrolyte” of line 1 of page 7, or to both or either.
Claim 8, which depends on claim 7 and claim 18, which depends on claim 17, are similarly rejected.
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.
7. 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.
8. 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.
9. Claims 1-7, 9-11, 13-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub 2020/0313164 A1) as evidenced by Ozuku (J. Electrochem. Soc. 1993, 140, 2490).
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), and a solid electrolyte layer between the
cathode layer and the anode layer (ref. 30, 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 is on one side (see ref. 12 in Fig. 1) of the cathode current collector (ref. 11, Fig. 1). The anode layer (para. [0027], ref. 20, Fig. 1) comprises an anode current collector (ref. 21, Fig. 1) and a first anode active material layer (ref. 22, Fig. 1) on one surface of the anode current collector (see Fig. 1). The anode active material layer comprises a first anode active material (para. [0074]) capable of forming an alloy with lithium (para. [0077]) as well as a second anode active material also capable of forming an alloy with lithium (para. [0086]). Lee also teaches a carbon-based material in the anode layer (para. [0076]).
However, Lee fails to teach a fibrous carbon-based material.
Kurita teaches a negative electrode material (title) comprising metal particles capable of forming a compound with lithium (abstract, para. [0030]) and carbon fiber (a fibrous carbon-based material) (abstract).
Kurita further teaches that the web structure created by the carbon fibers serves as a buffer to volume changes in the anode active particles during intercalation and deintercalation of lithium ions (para. [0015]).
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 carbon fibers as taught by Kurita in in the anode active material layer of Lee to maintain a resilient conductive network through volume changes during lithium intercalation / deintercalation.
Lee also 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) and the ratio B/A is in the range of about 0.01 to about 0.75, 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). Therefore, the claimed range overlaps or lies inside the range disclosed by the prior art and a prima facie case of obviousness exists. MPEP § 2144.05. 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, using the 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 further discloses an anode active material in the form of particles with an average particle diameter of 2 µm or less (para. [0074]).
However, Lee fails to teach that the aspect ratio of the anode active particles is 5 or less.
Kurita teaches a negative electrode material (title) comprising graphite particles capable of occluding / releasing lithium ions and having an aspect ratio of not smaller than 1 and not larger than 5 (para. [0006]), anticipating the claimed range. MPEP § 2131.03. Furthermore, graphite is capable of forming an intercalation compound with lithium (Ozuku, second paragraph of introduction).
Additionally, Kurita teaches that graphite particles in the disclosed range of aspect ratios have a tendency to have may flat portions and recess portions on the surface (para. [0043]) allowing a three-dimensional web of carbon fibers to fusion-bond to the flat surface (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 aspect ratio range of Kurita in the anode active material of Lee to form a robust conductive network of carbon fibers and anode active graphite particles.
Regarding claim 3, Lee further discloses the first anode active material comprising a first metal-based anode active material which comprises silicon (Si), gold (Au), platinum (Pt), palladium (Pd), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof (para. [0077]).
Regarding claim 4, Kurita further teaches the carbon fibers having a diameter of 2-40 nm and an aspect ratio of 10-15000 (para. [4]). Therefore, the length of the carbon fibers must range from 20 nm (2 nm x 10) to 600 µm (40 nm x 15000). Furthermore, the graphite particles have an average diameter of 2 – 40 µm (para. [0039]). As a result, the size ratio of the average anode active material particles to the length of the carbon fibers ranges from 1:0.0005 (20 nm ÷ 40 µm) to 1:300 (600 µm ÷ 2 µm), overlapping the claimed range of 1:10 to about 1:2000. Because the claimed range overlaps or lies inside the range disclosed by the prior art, a prima facie case of obviousness exists. MPEP § 2144.05.
Regarding claim 5, Kurita also teaches that the fibrous carbon-based material is carbon fiber (abstract), a conductive carbon-based material. Furthermore, the aspect ratio of the carbon fibers must be greater than 10 (para. [0051]) and the carbon fibers are fusion bonded to one another and therefore comprise an amorphous bound portion connecting them to surrounding structures (para. [0068]).
Regarding claim 6, Kurita teaches that the carbon fibers may be carbon nanotubes (para. [0047]).
Additionally, Kurita teaches that carbon nanotubes are considered a preferable embodiment as a smaller amount needs to be added to the anode active material to attain the same effect of forming a conductive network (para. [0047]).
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 carbon nanotubes as taught by Kurita as the form of carbon fibers to attain a more effective conductive network in the anode active material of Lee with less carbon fiber additive.
Regarding claim 7, Kurita further teaches that the carbon nanotubes possess primary structure including a tubular structure or a platelet structure (para. [0049]).
Regarding claim 9, Lee further discloses that the first anode active material may comprise a mixture of a plurality of different anode active materials (para. [0078]), constituting a second anode active material having a particle form with an average diameter of 1 µm or less (para. [0074]). Lee also discloses that the anode active material may contain at least one selected from a carbon-based anode active material, a metal-based anode active material, or a combination of the two (para. [0075]).
However, Lee fails to teach that the aspect ratio of the second anode active material particles is 5 or less.
Kurita teaches a that the negative electrode material particles, which are designated as “A” in the reference, are metal-based particles (para. [7]) composed of primary particles and secondary aggregates (para. [0035]), the primary particles having a size of 0.1 µm to 1 µm and has an aspect ratio of 1.4 to 3.0 (para. [1]). Because the claimed range overlaps or lies inside the ranges disclosed by the prior art, a prima facie case of obviousness exists. MPEP § 2144.05.
Furthermore, Kurita teaches that multiple forms are possible for the negative electrode particles, “A”, but that a spherical form is preferred (para. [0027]). A spherical form has an aspect ratio near 1.
Therefore, it would have been obvious to one of one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have used a second anode active particle with an aspect ratio taught by Kurita.
Regarding claim 10, Lee further discloses that the first anode active material may comprise a mixture of a plurality of different anode active materials, including amorphous carbon and second metal-based anode active materials (para. [0078]), constituting a second anode active material. Furthermore, Lee discloses the weight ratio of a metal-based anode active material constituting a second particle may range from 8 wt% to 60 wt% (para. [0079]), anticipating the claimed range of 1 wt% to 60 wt%. MPEP § 2131.03.
Regarding claim 11, Lee also discloses the second anode active material comprising an anode active material with a carbon-based support and metal-based anode active material supported on the carbon-based support. In one embodiment an anode active material comprising silver particles, metal particles with an average diameter of 60 nm, on a carbon black particle support having an average particle diameter of 30 nm was used (para. [0093]).
Regarding claim 13, Lee further discloses the thickness of the first anode active material layer may be 50% or less thick than cathode active material layer (para. [0083]). Furthermore, the first anode active material layer has a thickness of about 1 to 20 µm (para. [0083]), overlapping the claimed range of 1 to 50 µm and rendering the claimed range obvious. MPEP § 2144.05.
Regarding claim 14, Lee discloses the second anode active material layer is between the anode current collector (para. [0086], ref. 21, Fig. 1) and the first anode active material layer (ref. 22, Fig. 1) (see para. [0086]). The second anode active material layer may be between the solid electrolyte layer (para. [0027], ref. 30, Fig. 1) and the first anode active material layer, thus between the anode current collector and the solid electrolyte layer as claimed. The second anode active material layer is a metal layer comprising lithium or a lithium alloy (para. [0086]), and may be 1 to 50 µm thick (para. [0087]). Hence, there are embodiments teaching a second anode active material layer that is thinner, of equal thickness, and thicker than the first anode active material layer.
Regarding claim 15, Lee further discloses the cathode active material layer comprising a cathode active material (para. [0052]) which may be copper or lithium sulfide, sulfide-based cathode active materials, or a lithium transition metal oxide-based cathode active material such as lithium cobalt oxide or lithium nickel oxide (para. [0053]).
Regarding claim 16, Lee further discloses the Li2S-containing composite comprises 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-LiaX1b where 1≤a≤5 and 1≤b≤5 and X1 may be PF6, BF4, AsF6, or ClO4 (para. [0034]).
Regarding claim 17, the cathode active material layer further comprises a sulfide-based solid electrolyte, carbon nanofibers (a conductive material), and a binder (para. [0115]). The conductive material therefore comprises a carbon-based conductive material. Furthermore, the solid electrolyte layer comprises a sulfide-based solid electrolyte (para. [0066]).
Regarding claim 18, 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]). Furthermore, the sulfide-based solid electrolyte may be 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]).
Regarding claim 20, Lee discloses an inactive member (para. [0040], ref. 40, Fig. 1) on one side of the cathode current collector (para. [0064], ref. 11, Fig. 1) facing away the cathode active material layer (ref. 12, Fig. 1). Furthermore, the inactive member may be on organic material such as an olefin-based polymer (e.g. polyethylene or polypropylene), which is elastic (para. [0049]).
10. Claims 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub 2020/0313164 A1) and further in view of Lee (PG Pub 2017/0110722 A1).
Lee, Kurita, and Suzuki are relied upon as described above.
Regarding claim 8, Lee, Kurita, and Suzuki all fail to teach a primary structure of the carbon nanotubes being single-walled, double-walled, multi-walled, or a combination thereof.
Lee ‘722 teaches an anode active material (title) comprising carbon nanotubes (abstract) having a primary structure consisting of single-walled, double-walled, or multi-walled nanotubes (para. [0036]). Furthermore, the diameter of the carbon nanotubes is 20 nm to 100 nm overlapping the claimed range of 1 to 20 nm (para. [0035]). Additionally, the length of the carbon nanotubes is preferably 200 nm to 1 µm overlapping the claimed range of 100 nm to 2 µm. In both the case of diameter and length, the claimed ranges overlap or lie inside the ranges disclosed by the prior art presenting a prima facie case of obviousness. MPEP § 2144.05.
Lee ‘722 also teaches that the shape and dimensions of the carbon nanotubes are not particularly limited (para. [0035] – [0036]); however, it is critical that the anode active materials are easily brought into contact with each other (para. [0035]) and maintain physical and electrical contact between particles to facilitate suppression of volumetric expansion of the anode active material and improve life cycle characteristics.
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 carbon nanotubes of the dimensions and structure presented by Lee ‘722 in the anode active material of Lee ‘413 to facilitate suppression of volume expansion in the anode active material.
Regarding claim 12, Lee ‘413 further discloses the first anode active material layer comprising a binder such as polyvinylidene fluoride (PVDF), which is a polymer binder and a fluorine-based binder (para. [0080]).
Lee ‘413 fails to teach the content of the binder being in a range of 0.1 to 20 parts by weight with respect to 100 parts by weight of a mixture of the first and second anode active material.
Lee ‘722 teaches that the anode may be prepared with a binder in the range of 1 to 10 parts by weight of the electrode material (para. [0094]). Because the claimed range overlaps or lies inside the range disclosed by the prior art, a prima facie case of obviousness exists. MPEP § 2144.05.
Lee ‘413 teaches that sufficient binder quantity is necessary to prevent the formation of cracks in the anode active material during volume changes during charging / discharging (para. [0081]).
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 PVDF binder as taught by Lee ‘413 in the amount taught by Lee ‘712 to prevent to formation of cracks in the anode active material.
11. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US PG Pub 2021/0143413 A1) in view of Kurita (PG Pub 2017/0256791 A1) and Suzuki (US PG Pub 2020/0313164 A1) and further in view of Kato (US PG Pub 2015/0118553 A1).
Lee, Kurita, and Suzuki are relied upon as described above.
Lee, Kurita, and Suzuki all fail 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
12. 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.
13. Claims 1-8, 12-15 and 17-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-20 of copending Application No. 18/648,098 (reference application), herein referred to as the ‘098 application. Although the claims at issue are not identical, they are not patentably distinct from each other:
Regarding claim 1 of the instant application, claim 1 of ‘098 claims an all-solid-state 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 ‘098 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 1 of ‘098 also claims the anode layer comprising an anode current collector and a first anode active material layer on a side of the anode current collector. Additionally, claim 1 of ‘098 claims an anode active material capable of forming an alloy or compound with lithium. Claim 14 of ‘098 claims a second anode active material capable of forming a compound or alloy with lithium. Claim 1 of ‘098 further claims a fibrous carbon-based material, as well as 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, 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 2 of the instant application, claim 2 of ‘098 claims the anode active material comprising particles having a size of about 2 μm or less, and an aspect ratio of the anode active material is about 5 or less.
Regarding claim 3 of the instant application, claim 3 of ‘098 claims the anode active material comprising a metal-based anode active material, and the metal-based anode active material comprising silicon (Si), gold (Au), platinum (Pt), palladium (Pd), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), zinc (Zn), or a combination thereof.
Regarding claim 4 of the instant application, claim 5 of ‘098 claims a size of the anode active material smaller than a length of the fibrous carbon-based material. Claim 5 of ‘098 further claims a ratio of the size of the anode active material to the length of the fibrous carbon-based material is about 1:10 to about 1:2000.
Regarding claim 5 of the instant application, claim 6 of ‘098 claims the fibrous carbon-based material is a conductive material, an aspect ratio of the fibrous carbon-based material is about 10 or more, and the fibrous carbon-based material comprises an amorphous fibrous carbon-based material, a crystalline fibrous carbon-based material, or a combination thereof.
Regarding claim 6 of the instant application, claim 7 of ‘098 claims the fibrous carbon-based material comprising a fibrous carbon nanostructure, and the fibrous carbon nanostructure comprising carbon nanotubes, carbon nanofibers, carbon nanobelts, or a combination thereof.
Regarding claim 7 of the instant application, claim 8 of ‘098 claims the carbon nanotubes comprising a carbon nanotube primary structure, a carbon nanotube secondary structure formed by agglomeration of a plurality of carbon nanotube primary particles, or a combination thereof, and the carbon nanotube primary structure is a single carbon nanotube unit.
Regarding claim 8 of the instant application, claim 9 of ‘098 claims the carbon nanotube primary structure comprising single-walled carbon nanotubes (SWCNTs), double-walled carbon nanotubes (DWCNTs), and multi-walled carbon nanotubes (MWCNTs), or a combination thereof. Claim 9 of ‘098 further claims a diameter of the carbon nanotube primary structure being about 1 nm to about 20 nm, and a length of the carbon nanotube primary structure being about 100 nm to about 2 μm. Claim 10 of ‘098 claims the carbon nanotube secondary structure comprising bundle-type carbon nanotubes, rope-type carbon nanotubes, or a combination thereof. Claim 10 of ‘098 further claims a diameter of the carbon nanotube secondary structure being about 2 nm to about 50 nm, and a length of the carbon nanotube secondary structure being about 500 nm to about 1000 μm.
Regarding claim 12 of the instant application, claim 1 of ‘098 claims the anode active material layer comprising a binder. Claim 11 of ‘098 claims the binder is a polymer binder. Claim 12 of ‘098 claims the binder content of the anode active material is about 0.1 to 20 parts by weight with respect to 100 parts by weight of the anode active material.
Regarding claim 13 of the instant application, claim 13 of ‘098 claims a thickness of the first anode active material layer is about 50 % or less of a thickness of the cathode active material layer, and the thickness of the first anode active material layer is about 1 μm to about 50 μm.
Regarding claim 14 of the instant application, claim 14 of ‘098 claims a second anode active material layer at least one of between the anode current collector and the first anode active material layer or between the anode current collector and an electrolyte layer. Claim 14 of ‘098 further claims the second anode active material layer being a metal layer, and the metal layer comprising lithium or a lithium alloy with a thickness that is smaller than a thickness of the first anode active material layer.
Regarding claim 15 of the instant application, claim 15 of ‘098 claims the cathode active material layer comprising a cathode active material, the cathode active material comprising a sulfide-based cathode active material, an oxide-based cathode active material, or a combination thereof. Claim 15 of ‘098 further claims the sulfide-based cathode active material comprising nickel sulfide, copper sulfide, Li2S, a Li2S-containing composite, or a combination thereof. Additionally, claim 15 of ‘098 claims the oxide-based cathode active material comprising a lithium transition metal oxide, a metal oxide, or a combination thereof, and the lithium transition metal oxide comprising lithium cobalt oxide, lithium nickel oxide, and lithium nickel cobalt oxide, lithium nickel cobalt aluminum oxide, lithium nickel cobalt manganese oxide, lithium manganate, lithium iron phosphate, or a combination thereof, wherein the metal oxide comprises iron oxide, vanadium oxide, or a combination thereof.
Regarding claim 17 of the instant application, claim 16 of ‘098 claims the cathode active material layer further comprising one or more selected from among a solid electrolyte, a conductive material, and a binder, the solid electrolyte comprising a sulfide-based solid electrolyte, and the conductive material comprises a carbon-based conductive material. 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 comprising 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.
Regarding claim 18 of the instant application, claim 18 of ‘098 claims 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. Furthermore, claim 18 of ‘098 claims the sulfide-based solid electrolyte may be 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 19 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.
Regarding claim 20 of the instant application, claim 20 of ‘098 claims a first inactive member on at least one side of the cathode current collector, and therefore facing away from the cathode current collector. Claim 20 of ‘098 further claims the first inactive member is an elastic member.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
14. 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 ([Production of Solid Electrolyte Layer]) with a charge capacity ratio of 0.002
<b/a < 0.5 (formula 2).
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/N.A.M./
Nathan A McMullen
Examiner, Art Unit 1788
07/24/2026
/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788
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