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 .
Response to Amendment
This is a final office action in response to Applicant's remarks and amendments filed on 9/16/2025. Claims 1, 14, 17 and 19-20 are currently amended. Claims 1-20 are pending review in this action.
The 35 U.S.C. 103 rejections in the previous Office Action are withdrawn.
New grounds of rejection are presented below as necessitated by Applicant's amendments.
Response to Arguments
Applicant’s arguments with respect to claims 1, 17 and 20 have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection.
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.
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.
Claim(s) 1-10 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harada (US20140193718A1) view of Seino (US20120028128A1).
Regarding Claims 1 and 14, Harada discloses a solid state battery (solid electrolyte secondary battery) comprising a cell (electrode group 2) [pars. 0031,0052-0077; Fig. 2] which comprises:
a cathode electrode (positive electrode 5 including a positive electrode active material layer 4) comprising cathode active material particles (positive electrode active material), solid electrolyte particles (solid electrolyte material), and carbon particles (conductive agent including a carbonaceous material such as acetylene black, carbon black, graphite), the cathode active material particles comprising a cathode active material configured to bind with lithium ions (i.e., absorb/release lithium), the solid electrolyte particles comprising a first solid electrolyte material configured to enable transport of lithium ions within the cathode electrode (i.e., enhance lithium ionic conductivity and improve charge/discharge properties), carbon particles configured to enable transport of electrons within the cathode electrode (i.e., enhance power collecting property and suppress contact resistance with current collector) [pars. 0052-57,0059,0061-63,0072,0077];
an anode electrode (negative electrode 8) [pars. 0040,0072]; and
a solid electrolyte layer 9 positioned between the cathode electrode and the anode electrode, and configured to enable transport of lithium ions between the cathode layer and the anode layer [pars. 0033,0077], wherein the solid electrolyte layer comprises a second solid electrolyte material that is the same as or different from the first solid electrolyte material [par. 0031],
wherein the cathode active material particles, the solid electrolyte particles and the carbon particles are mixed and distributed in the cathode electrode (i.e., mixed and dispersed to obtain a paste) [pars. 0062,0088].
Harada teaches wherein the cathode active material particles comprise single crystalline particles (i.e., positive electrode active material in the form of primary particles), such that inside of the single crystalline particles is substantially free of the first and second solid electrolyte material while the first solid electrolyte material contacts surfaces of the single crystalline particles (inherent feature of primary particles which lack grain boundaries, and thus, the positive electrode active material particles are free of the first and second solid electrolyte material) [par. 0055].
Harada fails to explicitly teach: (1) wherein the cathode active material particles are single crystalline particles, such that inside of the single crystalline particles is substantially free of the first and second solid electrolyte material while the first solid electrolyte material contacts surfaces of the single crystalline particles; (2) wherein the cathode electrode has lithium ion diffusibility ranging from about 1 x 10-14cm2/s to about 1 x 10-7 cm2/s.
Pertaining (1) above, Harada teaches the cathode active material particles are provided in the form of primary particles [par. 0055], but it cannot be established whether the cathode active material particles are provided as single crystalline particles, polycrystalline particles, or both. In this regard, Seino, from the same field of endeavor, teaches forming a cathode electrode containing cathode active material particles and a solid electrolyte, wherein the cathode active material particles contains a balance of both single crystalline particles and polycrystalline particles to control tap density of the cathode electrode [Seino – pars. 0025-34]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the battery of Harada to have comprised cathode active material particles including single crystalline particles, such that inside the single crystalline particles is substantially free of the first and second solid electrolyte material while the first solid electrolyte material contacts surfaces of the single crystalline particles (subject matter of claim 1), and wherein the cathode electrode further comprises additional cathode active material particles comprising polycrystalline particles, each of which comprises polycrystalline grains, in order to control cathode electrode tap density.
Pertaining (2) above, it is well-known in the art that the lithium ion diffusibility of primary particles/single crystalline particles is faster than those of secondary particles/polycrystalline particles which have indirect paths formed therein, and that the size of the primary particles also factors into the speed of lithium ion diffusibility. In this regard, Harada discloses that the primary particle diameter of the positive electrode active material is between 100 nm to 1 μm, and that when the primary particle diameter is 1 μm or less, smooth solid phase diffusion of lithium ion is enabled [par. 0055]. It is also known in the art that the material of the positive electrode active material particle is a factor in lithium ion diffusibility. Since Harada discloses similar the positive electrode active materials as described in the instant specification, and further teaches a primary particle size range of 100 nm to μm which is substantially smaller than the range of 1 nm to 1000 μm described in the instant specification [Harada – pars. 0053-55; Specification – pars. 0055-50], before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have controlled the primary particle diameter of the positive electrode active material in order to provide the cathode electrode a smooth lithium ion diffusivity ranging from about 1 x 10-14 cm2/s to about 1 x 10-7 cm2/s, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Regarding Claim 2, Harada teaches the positive electrode active material in the form of primary particles [par. 0055], which necessarily meets the claimed requirements of wherein each of the single crystalline particles do not include polycrystalline grains therein.
Regarding Claim 3, Harada teaches wherein the single crystalline particles have a particle size in a range of 100 nm to 1000 nm [par. 0055], which anticipates the claimed range of about 1 nm to about 1,000 nm.
Regarding Claim 4, Harada teaches wherein the single crystalline particles have a particle size in a range of 100 nm to 1000 nm [par. 0055], which overlaps the claimed range of about 1 nm to about 100 nm, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Regarding Claim 5, Harada discloses the positive electrode current collector may have a thickness of 0.1 μm to 20 μm [par. 0064], but fails to teach wherein the cathode electrode has a thickness in a range of about 10 μm to about 100 μm. However, providing the cathode electrode to have a thickness within the claimed range based on the thickness of the current collector of Harada being 0.1 μm to 20 μm is easily achievable and would depend on at least the type and size of the battery being produced for its particular application. Absent persuasive evidence that the thickness of the cathode electrode having the claimed range is significant, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the cathode electrode of Harada to have a thickness in a range of about 10 μm to about 100 μm depending on the type and size of battery being produced for its particular application, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Regarding Claim 6, Harada discloses wherein the cathode electrode active material comprises lithium nickel manganese oxide (e.g., LixMn2−yNiyO4) [par. 0053].
Regarding Claims 7-8, Harada discloses that the positive electrode active material content may preferably be kept within the range of 80 mas% to 98 mass% [pars. 0060-61].
Regarding Claim 9, Harada discloses wherein the cathode electrode further comprises a binder [par. 0052].
Regarding Claim 10, Harada fails to discloses wherein the solid sate battery is under a pressure in a range of about 1 Mpa to about 5 MPa. However, it is well known in the art to maintain a pressure inside the battery within the claimed range in order to compress the cell electrode assembly to control volume contraction/extraction thereof. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the battery of Harada wherein the solid sate battery is under a pressure in a range of about 1 Mpa to about 5 MPa in order to maintain a pressure inside the battery within the claimed range in order to compress the cell electrode assembly to control volume contraction/extraction thereof.
Regarding Claim 15, Harada discloses an electric vehicle comprising the solid state battery of claim 1 [par. 0067].
Regarding Claim 16, Harada discloses an energy storage system for storing power generated by a wind generator and/or a solar power generator, comprising the solid state battery of claim 1 [par. 0073; Fig. 3].
Regarding Claim 17, Harada discloses a solid state battery comprising at least two cells [par. 0073], each cell comprises:
a cathode electrode (positive electrode 5 including a positive electrode active material layer 4) comprising cathode active material particles (positive electrode active material), solid electrolyte particles (solid electrolyte material), and carbon particles (conductive agent including a carbonaceous material such as acetylene black, carbon black, graphite), the cathode active material particles comprising a cathode active material configured to bind with lithium ions (i.e., absorb/release lithium), the solid electrolyte particles comprising a first solid electrolyte material configured to enable transport of lithium ions within the cathode electrode (i.e., enhance lithium ionic conductivity and improve charge/discharge properties), carbon particles configured to enable transport of electrons within the cathode electrode (i.e., enhance power collecting property and suppress contact resistance with current collector) [pars. 0052-57,0059,0061-63,0072,0077]; and
a solid electrolyte layer 9 positioned between the cathode electrode and the anode electrode, and configured to enable transport of lithium ions between the cathode layer and the anode layer [pars. 0033,0077], wherein the solid electrolyte layer comprises a second solid electrolyte material that is the same as or different from the first solid electrolyte material [par. 0031],
wherein the cathode active material particles, the solid electrolyte particles and the carbon particles are mixed and distributed in the cathode electrode (i.e., mixed and dispersed to obtain a paste) [pars. 0062,0088].
Harada fails to explicitly teach: (1) wherein the cathode active material particles are single crystalline particles, such that inside of the single crystalline particles is substantially free of the first and second solid electrolyte material while the first solid electrolyte material contacts surfaces of the single crystalline particles; (2) wherein the cathode electrode has lithium ion diffusibility ranging from about 1 x 10-14cm2/s to about 1 x 10-7 cm2/s.
Pertaining (1) above, Harada teaches the cathode active material particles are provided in the form of primary particles [par. 0055], but it cannot be established whether the cathode active material particles are provided as single crystalline particles, polycrystalline particles, or both. In this regard, Seino, from the same field of endeavor, teaches forming a cathode electrode containing cathode active material particles and a solid electrolyte, wherein the cathode active material particles contains single crystalline particles and/or polycrystalline particles to control tap density of the cathode electrode [Seino – pars. 0025-34]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the battery of Harada to have comprised cathode active material particles including single crystalline particles as a well-known option for forming a cathode electrode having a desired tap density [MPEP 2143(I)(B)].
Pertaining (2) above, it is well-known in the art that the lithium ion diffusibility of primary particles/single crystalline particles is faster than those of secondary particles/polycrystalline particles which have indirect paths formed therein, and that the size of the primary particles also factors into the speed of lithium ion diffusibility. In this regard, Harada discloses that the primary particle diameter of the positive electrode active material is between 100 nm to 1 μm, and that when the primary particle diameter is 1 μm or less, smooth solid phase diffusion of lithium ion is enabled [par. 0055]. It is also known in the art that the material of the positive electrode active material particle is a factor in lithium ion diffusibility. Since Harada discloses similar the positive electrode active materials as described in the instant specification, and further teaches a primary particle size range of 100 nm to μm which is substantially smaller than the range of 1 nm to 1000 μm described in the instant specification [Harada – pars. 0053-55; Specification – pars. 0055-50], before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have controlled the primary particle diameter of the positive electrode active material in order to provide the cathode electrode a smooth lithium ion diffusivity ranging from about 1 x 10-14 cm2/s to about 1 x 10-7 cm2/s, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Regarding Claim 18, Harada discloses wherein each of the single crystalline particles do not include polycrystalline grains therein (i.e., primary particles).
Regarding Claim 19, Harada teaches wherein the single crystalline particles have a particle size in a range of 100 nm to 1000 nm [par. 0055], which overlaps the claimed range of about 1 nm to about 100 nm, establishing a prima facie case of obviousness [MPEP 2144.05(I)]. Harada further teaches the positive electrode current collector may have a thickness of 0.1 μm to 20 μm [par. 0064], but fails to teach wherein the cathode electrode has a thickness in a range of about 10 μm to about 100 μm. However, providing the cathode electrode to have a thickness within the claimed range based on the thickness of the current collector of Harada being 0.1 μm to 20 μm is easily achievable and would depend on at least the type and size of the battery being produced for its particular application. Absent persuasive evidence that the thickness of the cathode electrode having the claimed range is significant, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the cathode electrode of Harada to have a thickness in a range of about 10 μm to about 100 μm depending on the type and size of battery being produced for its particular application, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Regarding Claim 20, Harada discloses A method of using a solid state battery, the method comprising:
repeatedly charging and discharging the solid state battery [par. 0091], the solid state battery comprising a cell which comprises:
a cathode electrode (positive electrode 5 including a positive electrode active material layer 4) comprising cathode active material particles (positive electrode active material), solid electrolyte particles (solid electrolyte material), and carbon particles (conductive agent including a carbonaceous material such as acetylene black, carbon black, graphite), the cathode active material particles comprising a cathode active material configured to bind with lithium ions (i.e., absorb/release lithium), the solid electrolyte particles comprising a first solid electrolyte material configured to enable transport of lithium ions within the cathode electrode (i.e., enhance lithium ionic conductivity and improve charge/discharge properties), carbon particles configured to enable transport of electrons within the cathode electrode (i.e., enhance power collecting property and suppress contact resistance with current collector) [pars. 0052-57,0059,0061-63,0072,0077];
a solid electrolyte layer 9 positioned between the cathode electrode and the anode electrode, and configured to enable transport of lithium ions between the cathode layer and the anode layer [pars. 0033,0077], wherein the solid electrolyte layer comprises a second solid electrolyte material that is the same as or different from the first solid electrolyte material [par. 0031],
wherein the cathode active material particles, the solid electrolyte particles and the carbon particles are mixed and distributed in the cathode electrode (i.e., mixed and dispersed to obtain a paste) [pars. 0062,0088].
Harada fails to explicitly teach: (1) wherein the cathode active material particles are single crystalline particles, such that inside of the single crystalline particles is substantially free of the first and second solid electrolyte material while the first solid electrolyte material contacts surfaces of the single crystalline particles; (2) wherein the cathode electrode has lithium ion diffusibility ranging from about 1 x 10-14cm2/s to about 1 x 10-7 cm2/s.
Pertaining (1) above, Harada teaches the cathode active material particles are provided in the form of primary particles [par. 0055], but it cannot be established whether the cathode active material particles are provided as single crystalline particles, polycrystalline particles, or both. In this regard, Seino, from the same field of endeavor, teaches forming a cathode electrode containing cathode active material particles and a solid electrolyte, wherein the cathode active material particles contains single crystalline particles and/or polycrystalline particles to control tap density of the cathode electrode [Seino – pars. 0025-34]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the battery of Harada to have comprised cathode active material particles including single crystalline particles as a well-known option for forming a cathode electrode having a desired tap density [MPEP 2143(I)(B)].
Pertaining (2) above, it is well-known in the art that the lithium ion diffusibility of primary particles/single crystalline particles is faster than those of secondary particles/polycrystalline particles which have indirect paths formed therein, and that the size of the primary particles also factors into the speed of lithium ion diffusibility. In this regard, Harada discloses that the primary particle diameter of the positive electrode active material is between 100 nm to 1 μm, and that when the primary particle diameter is 1 μm or less, smooth solid phase diffusion of lithium ion is enabled [par. 0055]. It is also known in the art that the material of the positive electrode active material particle is a factor in lithium ion diffusibility. Since Harada discloses similar the positive electrode active materials as described in the instant specification, and further teaches a primary particle size range of 100 nm to μm which is substantially smaller than the range of 1 nm to 1000 μm described in the instant specification [Harada – pars. 0053-55; Specification – pars. 0055-50], before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have controlled the primary particle diameter of the positive electrode active material in order to provide the cathode electrode a smooth lithium ion diffusivity ranging from about 1 x 10-14 cm2/s to about 1 x 10-7 cm2/s, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harada and Seino, as applied to claim 1 above, and further in view of Lopez (US20110052981A1).
Regarding Claim 11, Harada fails to explicitly teach wherein the solid state battery comprises a specific capacity of greater than about 100 mAh/g. However, providing a battery to have a desired specific capacity is merely a design choice depending on desired application of battery, and it is well-known to produce batteries having specific capacities well above the claimed range as demonstrated by Lopez who illustrates forming a battery having a specific capacity ranging from about 230 mAh/g to 270 mAh/g [Lopez – Fig. 21]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the battery of Harada to have comprises specific capacity of greater than about 100 mAh/g as a mere design choice depending on desired application of battery.
Regarding Claim 12, Harada fails to teach wherein the solid state battery has a c-rate of at least about 0.33. However, c-rate, by definition, is how quickly a battery is able to charge or discharge. It is well-known in the art to provide a battery having a c/3 rate or more in order to form battery capable of performing at higher rates and having excellent cycling properties [Lopez – par. 0007-8,0039]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the battery of Harada to have a c-rate of at least about 0.33 in order to provide a battery capable of performing at higher rates and having excellent cycling properties.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harada and Seino, as applied to claim 1 above, and further in view of Grepow (https://www.grepow.com/industry-news/a-flexible-battery-with-a-thickness-of-less-than-1-mm.html - issue date of 05/12/2020).
Regarding Claim 13, Harada fails to teach wherein a thickness of the cell is about 1 mm or less. However, ultra-thin batteries having a thickness of 1 mm or less are known in the art useful for electronics such as wearable electronics [Grepow]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the battery of Harada to have a cell thickness of about 1 mm or less in order to make a battery for electronics such as wearable electronics.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751