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 Arguments
Applicant's arguments filed 11-25-2025 have been fully considered but they are not persuasive. Applicant argues that the cited prior art fails to teach each, and every element recited in independent claims 1, 2, and 7. Applicant further argues that the cited prior art does not teach that the respective ends of the [electrode layer/active material layer], the exterior material 14B, and the intermediate layer 15B define an end face 11SA, and that an electrode terminal 12 covers the end face 11SA. Applicant argues that the rejection fails to establish the end face as required in the claimed subject matter. Applicant argues that there at least three separate layers that form the end face (i.e., the battery element, the exterior material, and the intermediate layer). Examiner respectfully disagrees.
Kumagai (JPH09237639A) clearly describes an end face and such end face is defined as the respective ends of the battery element, the exterior material, and the intermediate layer (see annotated figure 4 below). As shown in figure 4, the battery further comprises an electrode terminal (electrode connection portion) [27 or 28] that covers an entirety of the end face. Examiner submits that the end face has been clearly defined in the rejection and such arguments are not persuasive.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JPH09-237639A hereinafter Kumagai.
Regarding Claim 1, Kumagai teaches a battery comprising: a battery element that comprises an electrode layer [23]; an insulating material (exterior material) [26] covering a surface of the battery element; and an intermediate layer (solid electrolyte layer [25]) disposed between the battery element and the insulating material, wherein the thickness of the intermediate layer (solid electrolyte layer) is uniform; wherein respective ends of the battery element, the exterior material, and the intermediate layer define an end face; and wherein the battery further comprises an electrode terminal (electrode connection portion) [27 or 28] that covers an entirety of the end face (paragraphs 7-10, see annotated figure 4 below).
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
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.
Claim(s) 2-14 and 19-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over by JPH09-237639A hereinafter Kumagai in view of JP 2015-220099 A hereinafter Takagi [cited in IDS filed 10-27-2020], JP 2010-251077 A hereinafter Kimura [cited in IDS filed 10-27-2020] and U.S. Pre-Grant Publication No. 2014/0120409 hereinafter Ouchi.
Regarding Claim 2, Kumagai teaches a battery comprising: a battery element that comprises an electrode layer [23]; an insulating material (exterior material) [26] covering a surface of the battery element; and an intermediate layer (solid electrolyte layer [25]) disposed between the battery element and the insulating material, wherein the thickness of the intermediate layer (solid electrolyte layer) is uniform; wherein respective ends of the battery element, the exterior material, and the intermediate layer define an end face; and wherein the battery further comprises an electrode terminal (electrode connection portion) [27 or 28] that covers an entirety of the end face (paragraphs 7-10, see annotated figure 4).
Takagi teaches that the solid electrolyte material is Li3.5Si0.5P0.5O4 (i.e., inherently has lithium-ion conductivity of 1 x 10-8 S/cm or more) having a thickness of 9 µm and the active material layer has a thickness of 7 µm (paragraph 30) such that the ratio ( (T2/T1) x 100) of an average thickness T1 of the active material layer closest to the intermediate layer and an average thickness T2 of the intermediate layer is 5% or more.
Therefore, it would have been obvious to one ordinary skill in the art to form such solid electrolyte material in the battery before the effective filing date of the claimed invention because Takagi discloses that such configuration can form a high energy density battery.
Regarding Claims 3-6, the combination teaches that the intermediate layer has a thickness of 9 µm (paragraph 30), that the ratio ( (T2/T1) x 100) is 10% or more, and the solid electrolyte material is Li3.5Si0.5P0.5O4 (i.e., inherently has lithium-ion conductivity of 1 x 10-7 S/cm or more).
Regarding Claim 7, Kumagai teaches a battery comprising: a battery element that comprises an electrode layer [23]; an insulating material (exterior material) [26] covering a surface of the battery element; and an intermediate layer (solid electrolyte layer [25]) disposed between the battery element and the insulating material, wherein the thickness of the intermediate layer (solid electrolyte layer) is uniform; wherein respective ends of the battery element, the exterior material, and the intermediate layer define an end face; and wherein the battery further comprises an electrode terminal (electrode connection portion) [27 or 28] that covers an entirety of the end face (paragraphs 7-10, see annotated figure 4).
Takagi teaches that the solid electrolyte material is Li3.5Si0.5P0.5O4 (i.e., inherently has lithium-ion conductivity of 1 x 10-8 S/cm or more) and the active material layer has a thickness of 7 µm (paragraph 30).
Therefore, it would have been obvious to one ordinary skill in the art to form such solid electrolyte material in the battery before the effective filing date of the claimed invention because Takagi discloses that such configuration can form a high energy density battery.
Regarding Claim 8, the combination teaches that the active material layer has a thickness of 7 µm (paragraph 30) such that the ratio ( (T2/T1) x 100) of an average thickness T1 of the active material layer closest to the intermediate layer and an average thickness T2 of the intermediate layer is 2.5% or more.
Regarding Claim 9-11, the combination teaches that the intermediate layer has a thickness of 9 µm (paragraph 30), that the ratio ( (T2/T1) x 100) is 10% or more, and the solid electrolyte material is Li3.5Si0.5P0.5O4 (i.e., inherently has lithium-ion conductivity of 1 x 10-7 S/cm or more).
Regarding Claim 13, the combination further teaches an outermost exterior material (elastic layer) [10] covering at least a part of the battery element and the exterior material, wherein the outermost exterior material comprises silicone resin (paragraph 38 of Takagi).
Regarding Claim 14, the combination teaches that the battery element comprises a positive electrode layer [1] and a negative electrode layer [2] stacked via a solid electrolyte layer [3] (paragraph 35 of Takagi).
Regarding Claims 21-25, the combination teaches a battery having a large output current and used as power source for portable electronic devices. Therefore, it would have been obvious to one of ordinary skill in the art to form such batteries in a circuit board, an electronic device, or an electric vehicle as claimed.
Regarding Claims 26-29, the combination teaches a battery and a method of manufacturing the battery (see production method of Kumagai and Takagi), wherein the method comprises forming a positive electrode layer [1] and a negative electrode layer [2] stacked via a solid electrolyte layer [3], wherein a thickness of the positive electrode layer [1] and the negative electrode layer [2] are the same.
Regarding Claim 30, Kumagai teaches that the end face is defined as the respective ends of the battery element, the exterior material, and the intermediate layer (see annotated figure 4 above). As shown in figure 4, the battery further comprises an electrode terminal (electrode connection portion) [27 or 28] that covers an entirety of the end face that is aligned on the same surface.
Regarding Claims 12, 19 and 20, Kumagai teaches a battery comprising: a battery element that comprises an electrode layer [23]; an insulating material (exterior material) [26] covering a surface of the battery element; and an intermediate layer (solid electrolyte layer [25]) disposed between the battery element and the insulating material, wherein the thickness of the intermediate layer (solid electrolyte layer) is uniform; wherein respective ends of the battery element, the exterior material, and the intermediate layer define an end face; and wherein the battery further comprises an electrode terminal (electrode connection portion) [27 or 28] that covers an entirety of the end face (paragraphs 7-10, see annotated figure 4).
Takagi teaches an all-solid lithium-ion secondary battery [11] comprising: a battery element; a waterproof layer (exterior material) [9] covering a surface of the battery element; and an intermediate layer (solid electrolyte layer [3]) disposed between the battery element and the waterproof layer (paragraphs 34-38).
The combination does not specify that the waterproof layer is a ceramic material and the solid electrolyte contains oxide glass, however, Kimura teaches a ceramic waterproof film for the secondary battery (paragraph 2, see claim 4) and Ouchi teaches an all-solid battery that comprises a solid electrolyte material including oxide glass (paragraphs 48, 51). Therefore, it would have been obvious to one of ordinary skill in the art to form such all-solid battery before the effective filing date of the claimed invention because such modification can improve the stability of battery performance.
Conclusion
THIS ACTION IS MADE FINAL. 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 OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571)272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752