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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/640,116
`
`02/19/2020
`
`Nobuhiko Hojo
`
`P200158US00
`
`1065
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`MERKLING, MATTHEW J
`
`1725
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/13/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/640,116
`Examiner
`MATTHEW J MERKLING
`
`Applicant(s)
`Hojo etal.
`Art Unit
`1725
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 5/10/23.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-4,6,8-14 and 16-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s)__ is/are allowed.
`Claim(s) 1-4,6,8-14 and 16-18 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 2/19/2020 is/are: a)(¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230607
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`2.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under eitherstatus.
`
`Specification
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`3.
`
`The specification and drawings have been reviewed and no clear informalities or objections
`
`have been noted.
`
`Claim Rejections - 35 USC § 103
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`4.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`5.
`
`Claim(s) 1-4, 6, 8-14, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Han (US 2016/0126542) in view of Suyama (US 2017/0279159) and Kawakami (US 2016/0268586).
`
`Regarding claims 1, 13-14 Han discloses a rechargeable battery comprising:
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`a positive electrode including a positive electrode current collector and a positive electrode
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`active material layer provided on a surface of the positive electrode current collector (see
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`paragraph 92 which discloses coating a current collector with a positive electrode mixture);
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 3
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`a negative electrode including a negative electrode current collector and a negative
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`electrode active material layer provided on a surface of the negative electrode current collector
`
`(see paragraph 101 whichdiscloses a negative electrode active material coated on a current
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`collector); and
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`a non-aqueous electrolyte solution containing a lithium salt (see paragraph 109 which
`
`discloses a lithium salt dissolved in a non-aqueous electrolyte), wherein:
`
`the positive electrode active material layer contains one or more positive electrode active
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`materials and one or morelithium ion-conducting solid electrolytes (see paragraphs 44-46
`
`whichdisclose coating the active material with LiF and Li3PO4); and
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`the positive electrode active materials include a lithium transition metal oxide (paragraph
`
`52);
`
`the lithium ion-conducting solid electrolytes include one or morelithium ion-permeable
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`oxides X;
`
`the oxides X are Li3PO4 (see paragraphs 44-46).
`
`Han teaches a battery with a non-aqueous electrolyte but does not disclose the presence of
`
`an aqueous electrolyte nor doesit teach the claimed concentration.
`
`Suyama also discloses a lithium secondary battery (abstract).
`
`Suyama teachesthat in many Li-ion batteries, a non-aqueous electrolyte (like that of Han) is
`
`used. However, non-aqueous suffer from flammability problems along with a lower energy
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`density than aqueous electrolytes (paragraph 3). Suyama goeson to teach an aqueous
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`electrolyte that with the entire solvent being water (paragraph 16) and teachesthat the
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`concentration of the lithium salt in the electrolyte should be high, such as higher than
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`10mol/1kg of water (paragraph 16) which overlaps the claimed range.
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 4
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`As such, it would have been obvious to one of ordinaryskill in the art at the time of the
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`invention to add an aqueous electrolyte, as suggested by Suyama, to the secondary battery of
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`Han in order to makefor a higher energy density battery along with a battery that does not
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`contain a flammable electrolyte. Furthermore, arriving at the claimed range would have been
`
`obvious to one of ordinaryskill in the art at the time of the invention.
`
`In the case where the
`
`claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of
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`obviousness exists (see MPEP §2144.05(I)).
`
`Han teachesa lithium phosphate coating layer including Li3PO4 but does notexplicitly
`
`disclose the claimed composition LixPOy (1<x<3, 3<y<4).
`
`Kawakami also disclosesa lithium phosphate coating layer on a cathode active material (see
`
`abstract).
`
`Kawakami, like Han, teaches the coating is placed on the active material to reduce the
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`reactions betweenthe active material and the electrolyte (see paragraph 33 of Kawakami and
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`paragraph 46 of Han). While both Kawakami and Han disclose Li3PO4 as the preferred
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`composition of the lithium phosphate, Kawakami also discloses that a wider range of
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`compositions can achieve the same effect, including LixPOy (2<x<4, 3<y<5).
`
`As such,it would have been obvious to one of ordinaryskill in the art at the time of the
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`invention to utilize the wider range of lithium phosphate of Kawakami, which overlaps the
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`claimed range, in the coating layer of Han. Such a modification is nothing more than a simple
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`substitution of one knowncoating layer for another to serve the same purpose(shielding active
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`material from electrolyte reactions) to yield entirely predictable results. Furthermore,arriving
`
`at the claimed range would have been obvious to one of ordinaryskill in the art at the time of
`
`the invention.
`
`In the case where the claimed ranges “overlap or lie inside ranges disclosed by
`
`the prior art" a prima facie case of obviousnessexists (see MPEP §2144.05(1)).
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 5
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`Regarding claim 2, Han further discloses the lithium ion-conducting solid electrolytes cover
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`at least part of a surface of the positive electrode active materials (see Fig. 1 and 2 where the
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`coating/electrolyte layer 13 covers active material 10).
`
`Regarding claim 3, Han further discloses the lithium ion-conducting solid electrolytes cover
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`at least part of the surface of the positive electrode current collector (by being coated on the
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`current collector, as described in paragraph 92, the outer layer of the solid electrolyte 13 with
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`inherently cover at least a portion of the current collector).
`
`Regarding claim 4, Han further discloses the positive electrode active material layer further
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`contains a conductive agent; and the lithium ion-conducting solid electrolytes cover at least part
`
`of a surface of the conductive agent (see paragraph 153 where Han gives an example of the
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`carbonaceous conductor being mixed with the positive active material and the ion conductor
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`which will include at least a portion of the carbonaceous material’s outer surface being
`
`covered/in contact with the solid electrolyte).
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`Regarding claims 6 and 8, Han further discloses the lithium ion-conducting solid electrolytes
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`include one or more lithium ion-permeable oxides X and compoundY (see claim 1 of Han which
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`discloses the ion conduction layer and include LiF and Li3PO4).
`
`Regarding claim 9, Han discloses the positive electrode active material layer contains a
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`condensed polymer of the lithium ion-conducting solid electrolytes; and the polymer contains
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`the elemental Li, the elemental M?, and the elemental O (such will be the case when the Li3PO4
`
`reacts with the protons in the battery, as described in paragraphs 15-16 of the instant published
`
`application)
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`Regardingclaims 10-12, Han doesnot explicitly disclose the claimed composition, but does
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`teach a positive active material. See claim 4 of Han which discloses a composition range which
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`overlaps the claimed composition range. As such, arriving at the claimed range would have
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 6
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`been obvious to one ofordinary skill in the art at the time of the invention.
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`In the case where
`
`the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of
`
`obviousness exists (see MPEP §2144.05(I)).
`
`Regarding claim 16, Han further discloses the positive electrode active material layer further
`
`contains a binder; and the lithium ion-conducting solid electrolytes cover at least part of a
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`surface of the conductive agent (see paragraph 153 where Han gives an example of a binder
`
`being mixed with the positive active material and the ion conductor which will include at least a
`
`portion of the carbonaceous material’s outer surface being covered/in contact with the solid
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`electrolyte).
`
`Regardingclaim 17, Han, as modified above, discloses that the oxides X is 100% LixPOy
`
`(1<x<3, 3<y<A4).
`
`6.
`
`Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han (US
`
`2016/0126542) in view of Suyama (US 2017/0279159) and Kawakami (US 2016/0268586) and applied to
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`claim 1 above and further in view of Choi (US 2016/0276659).
`
`Regarding claim 18, Han, as modified above, teaches a coating layer on the positive active
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`material comprising LiF and LixPOy (1<x<3, 3<y<4) but does not teach an additional compound
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`with a formula of LixSiOy (2<x<4, 3<y<4).
`
`Choi also discloses a cathode active material (see abstract).
`
`Choi, like Han, teaches a coating on a cathode active material comprising Li3PO4 and LiF
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`(see abstract). Choi goes onto teach that in addition to these compounds,it is beneficial to add
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`a lithium metal compound such as Li2SiO3 (see claim 4 of Choi). Choi teaches the addition of
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`this material to the coating layer of the active material in order to improve the battery
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`characteristics (paragraphs 116 and Table 1).
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 7
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`As such,it would have been obvious to one of ordinaryskill in the art at the time of the
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`invention to add the Li2SiO3 compound of Choi to the coating layer of modified Han in order to
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`improve the battery characteristics.
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`Relevant Prior Art
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`US 2017/0207482 - Coating an active material layer with a solid electrolyte such as Li4Si04
`
`or Li3PO4 (paragraph 99)
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`US 2017/0179545- Active material with a coating layer comprising Li3PO4 (paragraph 42).
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`JP 2014154406 A - Discloses an aqueous electrolyte comprising a cathode active material
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`that is coated with a solid electrolyte.
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`CN 107565134 A - Discloses exchanging nonaqueous electrolyte with aqueous electrolyte in
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`the interest of safety.
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`Response to Arguments
`
`7.
`
`Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because
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`the new ground of rejection does not rely on any reference applied in the prior rejection of record for
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`any teaching or matter specifically challenged in the argument.
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`Conclusion
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`8.
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`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
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`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
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`the mailing date of this action.
`
`In the eventa first reply is filed within TWO MONTHS ofthe mailing date
`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`Page 8
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the dateofthis final action.
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to MATTHEW J MERKLING whosetelephone number is (571)272-9813. The examiner
`
`can normally be reached Monday- Thursday 8am-6pm.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Basia Ridley can be reached on 571-272-1453. The fax phone numberfor the organization where this
`
`application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
`Patent Center. Unpublished application information in Patent Center is available to registered users. To
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`
`

`

`Application/Control Number: 16/640,116
`Art Unit: 1725
`
`/MATTHEW J MERKLING/
`Primary Examiner, Art Unit 1725
`
`Page 9
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`