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 .
Status of Claims
Claims 1 & 9 are amended. Claims 1-21 are currently pending.
Claim Objections
Claim 1 is objected to because of the following informalities: “insulating layer” should read “insulating member”. Appropriate correction is required.
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.
Claims 1-11 & 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Miyake (JP 2015050149 A, as cited in the IDS on 07/19/2024) in view of Klaassen (US 2011/0200868 A1).
Regarding claims 1-3, 5-6, 10-11 & 20-21, Miyake teaches an all-solid secondary battery (100) (Fig. 2; [0015]) comprising: a cathode layer (4+1) comprising a cathode current collector (4) and a cathode active material layer (1) on the cathode current collector (Fig. 2; [0015]-[0016]); an anode layer (5+3) comprising an anode current collector (5) and a first anode active material layer (3) on the anode current collector (Fig. 2; [0015]-[0016]); a composite structure (2), having a thickness of 10 microns to 30 microns (which overlaps with the presently claimed range of 1 micron to 10 microns), disposed between the anode layer and the cathode layer, wherein the composite structure comprises a composite solid electrolyte (11), having a thickness of 10 microns to 30 microns, that is on a central portion (9) of the anode layer and comprises an ionically conductive binder comprising polyethylene oxide and a lithium salt; and an insulating member (8) selected from an insulating polymer such as polypropylene that is on peripheral portions of the anode layer and cathode layer and protruding therefrom, wherein the thickness of the composite solid electrolyte is equal to or greater than that of the insulating member (Figs. 2 & 7; [0015]-[0036]). Miyake further teaches a peripheral portion of the composite solid electrolyte being on an upper surface of the insulating member and overlapping the insulating member in the plan view (see fig. 3 below after the composite solid electrolyte is pressed onto the insulating member which shows peripheral portions of the composite solid electrolyte on an upper surface of the insulating member near the void region 9 and overlapping with the insulating member in the plan view from the perspective in fig. 5). Miyake also teaches the insulating member being continuous in the plan view (when viewed from the perspective shown in fig. 5, the void region in the insulating member would not be visible since the composite solid electrolyte fills the space and covers the upper surface of the voids as shown in enlarged fig. 6 below such that the insulating member is continuous in the plan view with only the outer peripheral portions 13 of the insulating member being visible in the plane view) and forming a frame around the composite solid electrolyte (fig. 2).
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Miyake is silent as to a first solid electrolyte layer adjacent to the cathode layer, a second solid electrolyte adjacent to the anode layer, and the insulating member being on peripheral portions of the second solid electrolyte layer and wherein, in a plan view of the composite structure, a portion of the insulating member overlapping the peripheral portions of the second solid electrolyte layer and overlapping the peripheral portions of the first solid electrolyte layer.
Klaassen teaches an all-solid secondary battery (100) comprising a first solid electrolyte layer (114) comprising a sulfide-based solid electrolyte such as Li2S-PS5 between a cathode layer (112) and an anode layer (122), and adjacent to the cathode layer; a second solid electrolyte layer (124) comprising a sulfide-based solid electrolyte such as Li2S-PS5 between the cathode layer and the anode layer, and adjacent to the anode layer; and a solid or gel polymer electrolyte disposed between the first and second solid electrolytes layers, wherein the solid or gel electrolyte layer can optionally be infused in a structural element such as ridges formed of a host solid-polymer like polypropylene (Figs. 1 & 3; [0002] & [0046]-[0049]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to provide a first solid electrolyte layer and a second solid electrolyte layer on Miyake’s respective anode layer and cathode layer because “if a single very thin solid or gel polymer electrolyte layer is used, any surface irregularities (e.g., bumps or ridges in the anode or cathode material) will tend to connect through the electrolyte and short the battery. By having two independently formed very thin LiPON (hard) electrolyte component layers, one formed on the battery's anode and another formed on the battery's cathode, any such thin spots or pinholes in one layer will not line up with a thin spot or pinhole in the other layer. The third electrolyte layer (e.g., a soft polymer electrolyte that conducts lithium ions between the two LiPON layers) made of a solid and/or gel polymer electrolyte material does not get shorted out by bumps or other irregularities in either electrode since those irregularities will tend to be coated with LiPON and/or the corresponding spot on the other side will be coated with LiPON. Accordingly, one or more (even all) of the plurality of layers can be made very thin without the danger of having an initial short (from a polymer electrolyte that is too thin allowing the anode and cathode to touch) or a later-developed short (from a pinhole in a LiPON electrolyte layer that allows formation of a lithium-metal dendrite after one or more charge/discharge cycles) as taught by Klaassen ([0042]). Furthermore, when Miyake is modified to include the first solid electrolyte layer and the second solid electrolyte layer of Klaassen, the resulting structure would render obvious the claimed configuration of insulating member being on peripheral portions of the second solid electrolyte layer and wherein, in a plan view of the composite structure, a portion of the insulating member overlaps the peripheral portions of the second solid electrolyte layer and overlaps the peripheral portions of the first solid electrolyte layer since Miyake teaches the insulating member overlapping peripheral portions of the both the cathode layer and the anode layer, wherein, in a plan view of the composite structure, a portion of the insulating member overlaps the peripheral portions of the cathode layer and overlaps the peripheral portions of the anode layer. Accordingly, when the first and second solid electrolyte layers are disposed adjacent to the cathode layer and anode layer, respectively, as described in Klasssen, a portion of Miyake’s insulating member would overlap the peripheral portions of both the first solid electrolyte layer and the second solid electrolyte layer.
Regarding claim 4, Miyake as modified by Klaassen teaches the all-solid secondary battery of claim 1 but is silent as to a specific lithium salt. However, lithium salt such as LiPF6 are well-known to be used in polymer or gel electrolytes for all-solid secondary batteries as evidenced by Klaassen ([0048], [0050] & [0109]).
Regarding claim 7, Miyake as modified by Klaassen teaches the all-solid secondary battery of claim 1. Miyake further teaches a thermoplastic adhesive coating film (9) being located on at least one surface of the insulating member (Fig. 7; [0028]-[0033]).
Regarding claims 8-9, Miyake as modified by Klaassen teaches the all-solid secondary battery of claim 1 but is silent as to a total area of the composite solid electrolyte being in a range of 70% to 95% of a corresponding total area of the second solid electrolyte layer (claim 8) and a total exposed area of the insulating member being in a range of 5% to 60% of a corresponding total area of the second solid electrolyte layer (claim 9). However, Miyake teaches a total area of the composite solid electrolyte being slightly greater than a corresponding total area of the cathode (and thus the corresponding second solid electrolyte layer as modified by Klaassen’s teachings) and also teaches a total exposed area of the insulating member being less than a corresponding total area of the cathode (and thus the corresponding second solid electrolyte layer as modified by Klaassen’s teachings) (Fig. 2). Still, “the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device”. See MPEP 2144.04 (IV) (A). Accordingly, the relative dimensions between the total area of the composite solid electrolyte layer and the second solid electrolyte layer as well as between the total exposed area of the insulating member and the second solid electrolyte layer for the claimed battery is not found to be patentably distinct from that of modified Miyake.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Miyake (JP 2015050149 A, as cited in the IDS on 07/19/2024) and Klaassen (US 2011/0200868 A1), as applied to claims 1-11 & 20 above, and further in view of Huang (US 2022/0045366 A1).
Regarding claims 12-14, Miyake as modified by Klaassen teaches the all-solid secondary battery of claim 1 but is silent as to the first solid electrolyte layer and the second solid electrolyte layer each independently comprising a sulfide-based solid electrolyte. Huang teaches an all-solid secondary battery comprising a cathode-side solid electrolyte layer and an anode-side solid electrolyte layer (140), wherein both cathode-side and anode-side solid electrolyte layers comprise a sulfide-based solid electrolyte such as Li6PS5Cl (Fig. 1; [0023], [0036]-[0037], [0043]-[0044] & [0050]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to substitute the solid electrolyte materials such as LiPON in Klaassen’s first and second solid electrolyte layers with a sulfide-based solid electrolyte such as Li6PS5Cl as an art-recognized equivalent for the same intended purpose (i.e Li-ion conductivity in a solid electrolyte layer of an all-solid battery). See MPEP 2144.06 II. “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”. See also MPEP 2144.07.
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Miyake (JP 2015050149 A) and Klaassen (US 2011/0200868 A1), as applied to claims 1-11 & 20 above, and further in view of Shin (US 2016/0043390 A1).
Regarding claims 15-18, Miyake as modified by Klaassen teaches the all-solid secondary battery of claim 1. Miyake further teaches wherein the first anode active material layer comprises an anode active material and a binder ([0037] & [0043]) but is silent as to the anode active material being a form of particles where an average particle diameter of the anode active material is 4 microns or less. Shin teaches a secondary battery comprising an anode active material layer comprising an anode active material including a mixture of first particles and second particles, wherein the first particles comprise amorphous carbon and the second particles comprise a metal or metalloid comprising Si, wherein an average particle diameter of the first and second particles is 4 microns or less ([0055]-[0068]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use an anode active material as described by Miyake above, in order to improve lifetime characteristics of the battery as taught by Shin ([0008]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Miyake (JP 2015050149 A) and Klaassen (US 2011/0200868 A1), as applied to claims 1-11 & 20 above, and further in view of Iriyama (US 2004/0175621 A1).
Regarding claim 19, Miyake as modified by Klaassen teaches the all-solid secondary battery of claim 1 but is silent as to a second anode active material comprising a lithium or a lithium alloy between the anode current collector and the first anode active material layer and/or between the second solid electrolyte layer and the first anode active material layer. Iriyama teaches a secondary battery comprising a lithium or lithium alloy layer provided between a separator and a first anode active material layer ([0095]-[0105]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to provide a second anode active material layer comprising lithium between modified Miyake’s first anode active material layer and the second solid electrolyte layer because the advance addition of an amount of metal lithium equal to an irreversible amount of an anode to an anode carbon material decreases the irreversible capacity of the battery to increase the energy density as taught by Iriyama ([0046]).
Response to Arguments
In light of applicant’s amendments to claim 1, the previously made 112(a) rejection has been withdrawn. However, claim 1, as presently amended, is found to be obvious over the combined teachings of Miyake and Klaassen as noted in the above updated 35 U.S.C. 103 rejection. Thus, in view of the foregoing, claims 1-21 stands rejected.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
