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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, 6 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamashita US7285334B1.
Regarding claim 1, Yamashita discloses an exterior material (Yamashita, Fig. 1, laminated structure 10) for an all-solid-state battery which is used for an all-solid-state battery containing solid electrolyte material (Yamashita, col. 1 line 35), the examiner notes that the limitation which is used for an all-solid-state battery containing a sulfide solid electrolyte material is a functional limitation as part of the preamble,
the exterior material comprising a laminate (Yamashita, Fig. 1, laminated structure 10) including:
at least a base material layer (Yamashita, col. 3 line 67, Fig. 1(a), layer 11),
a barrier layer (Yamashita, Fig. 1(a), barrier layer 12),
a barrier layer protective film formed on a surface of the barrier layer (Yamashita, col. 3 line 67, Fig. 1(a), TR, col. 7 lines 57-58),
and a heat-sealable resin layer in this order from the outside (Yamashita, col. 3 line 67-col. 4 line 2, Fig. 1(a), layer 14),
wherein a thickness of the heat-sealable resin layer is 10 µm or more and 40 µm or less (Yamashita, col. 38 line 4, 10 μm).
While Yamashita does not explicitly disclose wherein the hydrogen sulfide permeability of a resin forming the heat-sealable resin layer is 1.0 x10-8cc*mm/cm2*sec*cmHg or more, it is the examiner’s position that the heat-sealable resin layer of Yamashita, comprising a similar material (Yamashita, col. 10 lines 19 (polypropylene) and 27 (polyethylene); Instant Table 1 polypropylene and polyethylene) and having an overlapping thickness of 10 µm or more and 40 µm or less (Yamashita, col. 38 line 4, 10 μm), would possess the claimed permeability. Further while Yamashita does not explicitly disclose wherein when the barrier layer protective film is analyzed by time-of-flight secondary ion mass spectrometry, the ratio of a peak intensity PPO3 derived from PO3- to a peak intensity PCrPO4 derived from CrPO4- (PPO3/CrPO4) is in the range of 6 or more and 120 or less, it is the examiner’s position that the barrier layer protective film of Yamashita, comprising a similar material (Yamashita, col. 7 lines 60-61 (chromium phosphate); Instant [0124] a chromium compound such as chromium oxide dispersed in phosphoric acid—which is known in the art to produce chromium phosphate and water) would possess the claimed property when the barrier layer protective film is analyzed by time-of-flight secondary ion mass spectrometry. The examiner notes that a Cr-containing component of the protective film is not positively recited.
Regarding claim 4, modified Yamashita also teaches wherein the base material layer includes a single layer of a polyester resin (Yamashita, col. 6 lines 55-57).
Regarding claim 6, modified Yamashita further teaches an all-solid-state battery packaging obtained by molding the exterior material for an all-solid-state battery according to claim 1 (Yamashita, col. 6 lines 30-35).
Regarding claim 9, modified Yamashita does not explicitly teach the base material layer includes a flame retardant, Yamashita does teach wherein the component layers of the exterior material comprising a laminate may contain at least a flame retardant (Yamashita, col. 40 line 35-45) therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add a flame retardant to base layer material thereby improving and stabilizing the film forming properties (Yamashita, col. 40 lines 35-36).
Regarding claim 10, modified Yamashita also teaches wherein the heat-sealable resin layer is at least one of polypropylene (Yamashita, col. 10 lines 19 (polypropylene)).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita US7285334B1.
Regarding claim 3, Yamashita does not explicitly disclose in the embodiment cited above wherein the base material layer includes a polyester, an adhesive agent layer and a polyamide in this order from the outside. Yamashita however does teach in a different embodiment wherein the base material layer includes a polyester (Yamashita, col. 13 lines 24-25, OPET: Oriented polyester film), an adhesive agent layer (Yamashita, col. 13, lines 30-31, PUD: Polyester-urethane adhesive film, PED: Polyether-urethane adhesive film) and a polyamide (Yamashita, col. 13, lines 25-26, ON: Oriented polyamide (nylon) film) in this order from the outside (Yamashita, cf. e.g., examples 4-41, cols. 15-23, OPET12/PUD/ON15 or OPET12/PED/ON15). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the base material layer of Yamashita thereby the layer not delaminating (Yamashita, col. 23 lines 26-27).
Regarding claim 12, modified Yamashita further teaches wherein the adhesive agent layer is a two-liquid curable urethane adhesive (Yamashita, col. 12 lines 1, 19 and 24-25, cf. e.g., example 30 col. 20 lines 11-25) composed of a polyol compound (Yamashita, col. 12 line 7, ethylene glycol, hexanediol and diethylene glycol) and an aromatic isocyanate compound (Yamashita, col. 12 line 9).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita US7285334B1 in view of Kokuryo CN107431150B (using US20180076423A1 as English translation; cited in IDS filed 28 December 2023).
Regarding claim 11, modified Yamashita does not explicitly teach the claimed range wherein the thickness of the heat-sealable resin layer is 23 µm or more and 40 µm or less.
Kokuryo teaches wherein the thickness of the heat-sealable resin layer is 23 µm or more and 40 µm or less (Kokuryo, [0100], 20 μm or more and 60 μm or less). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the thickness of the heat-sealable resin layer to be 23 to 40 µm in modified Yamashita, thereby improving moldability of the packaging material (Kokuryo, [0101]). Further Yamashita teaches that when the thickness is less than 20 µm the exterior material loses the barrier property to inhibit the penetration of external moisture (Yamashita, col. 38 lines 15-19).
Response to Arguments
Applicant’s arguments, see p. 5, filed 30 March 2026, with respect to 112 rejection of claims 1, 3-4, 6 and 9-12 have been fully considered and are persuasive. The 112 rejection of claims 1, 3-4, 6 and 9-12 has been withdrawn as it has been overcome by applicant’s amendment. The examiner notes that in overcoming the 112 rejection, the scope of the claim is changed.
Applicant’s arguments, see pp. 6-8, filed 30 March 2026, with respect to the rejection(s) of claim(s) 1, 3-4, 6 and 9-12 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yamashita US7285334B1, as set forth above, and is made final due to the scope of the claim being changed.
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 JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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