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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/14/2026 has been entered.
Claim Status
Claim 1 is amended.
Claims 12-14 were previously cancelled.
Claims 1-11 have been considered on the merits.
Response to Arguments
Applicant's arguments filed 10/01/2025 have been fully considered but they are not persuasive. Applicant argues that the instant application differs from the cited references as follows:
Neither Satoshi nor Tsujita teaches the relationship between the amount of an endothermic material in the conductive layer to the weight of a positive electrode active material layer.
Neither Satoshi nor Tsujita teaches or suggests an all-solid-state-battery including a conductive layer including conductive material in an amount of about 20 wt% to about 54 wt%, based on total weight of the conductive layer.
In regards to argument a, while the examiner acknowledges that neither Satoshi nor Tsujita explicitly teaches the relationship between the amount of an endothermic material in the conductive layer to the weight of a positive electrode active material layer, Satoshi teaches a range of thicknesses of the positive electrode layer, 1-100µm, and a range of content of a positive active material within the positive electrode active material layer ([0025]; [0029]) while Tsujita teaches a range of thicknesses, 0.5-10µm, of an intermediate (PTC) layer and a range of amounts of gas generating (endothermic) compound, conductive material, and binder in the intermediate layer that overlaps with the respective claimed ranges ([0051]; [0017]; the instant specification describes a conductive layer of 0.5-10µm thickness [0069]). The weight of the positive electrode layer taught by Satoshi will vary based on, for example, the content of positive electrode active material and the thickness of the layer. Therefore, in light of Satoshi and Tsujita it would have been obvious to one of ordinary skill in the art to set the thickness of each layer and the amount of endothermic material in the intermediate layer within the range taught by the prior art (emphasis added). One of ordinary skill in the art would further find it obvious to compare the amount of endothermic material in the conductive layer, which overlaps with the claimed range, to the weight of the positive electrode active material layer. One of ordinary skill in the art would reasonably expect a battery having the positive electrode layer of Satoshi, the intermediate layer of Tsujita, and the respective ranges of weight contents and thickness to have a content of the endothermic material in the conductive layer based on 100 parts by weight of the positive electrode active material layer overlapping with the claimed range.
In regards to argument b, while the examiner acknowledges that Tsujita teaches a content of the conductive agent in the intermediate layer is preferably 2% by mass or more and 15% by mass or less ([0018]), Tsujita also discloses an upper limit of 20 wt% conductive material ([0029]). Therefore, the range taught by Tsujita overlaps with the instantly claimed range.
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.
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) 1-3, 5-8, 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Satoshi (Pat. App. Pub. No. JP2018116810A) hereinafter "Satoshi", reference is made to previously provided translation, in view of Tsujita et al. (WO 2019065972 A1) hereinafter "Tsujita", reference is made to the enclosed machine translation.
Regarding claim 1, Satoshi teaches an all-solid-state rechargeable battery, comprising: a positive electrode layer; a negative electrode layer; and a solid electrolyte layer between the positive electrode layer and the negative electrode layer ([0008]; [0012]), wherein: the positive electrode layer includes a plate-shaped positive electrode current collector, and a positive electrode active material layer on the positive electrode current collector ([0012]; [0035] an aluminum foil piece is considered plate shaped), the positive electrode layer includes a conductive layer disposed on at least one surface of the positive electrode current collector, the conductive layer includes a conductive material, a binder, and an endothermic material that absorbs heat by a decomposition reaction, the endothermic material including a non-oxide compound ([0012]; [0015] PTC layer is considered a conductive layer; [0035]; [0018]; [0024]), and the conductive layer includes the endothermic material in an amount of about 24 wt% to about 81%, based on a total weight of the conductive layer ([0015]; [0018]; [0035] example 1, manganese (II) carbonate is present at 33 wt%1). Satoshi teaches that a volume ratio of inorganic filler to conductive material contained in the PTC layer should be 4-6; a lower volume ratio makes it difficult to suppress a decrease in electrical resistance during overheating and a higher volume ratio results in the electrical resistance during normal use becoming too high leading to battery performance deterioration ([0019]). Satoshi teaches that the ratio of conductive material + inorganic filler to resin can be varied from 50:50 to 95:5 ([00020] the amount of binder can be varied as long as the volume ratio of inorganic filler to conductive material is maintained). Satoshi teaches wherein the PTC layer is 0.1-50µm thick ([0020]). Satoshi teaches that a conductive layer with endothermic material increases the safety of an all-solid-state battery because the battery reaction, and uncontrolled heating, can be stopped after an internal short circuit ([0013]; [0014]). Satoshi teaches wherein the thickness of the positive electrode active material layer is preferably 1-100µm ([0029]).
Satoshi does not teach the conductive later includes the conductive material in an amount of about 6 wt% to about 54wt% , based on a total weight of the conductive layer, and the conductive layer includes the binder in an amount of about 10 wt% to about 40wt%, based on a total weight of the conductive layer, and a content of the endothermic material in the conductive layer is greater than or equal to about 1 part by weight and less than or equal to about 30 parts by weight, based on 100 parts by weight of the positive electrode active material layer.
However, Tsujita teaches a positive electrode ([0021]; [0024]) comprising a conductive substrate, an intermediate layer, and an active material layer, wherein the intermediate layer contains a conductive agent, a gas generating compound, and a binder ([0007]; [0008]; [0009]; [0017]; [0026]; gas generating compound is considered an endothermic material). Tsujita teaches that the gas-generating compound decomposes when heated ([0031]). Tsujita teaches content of the gas generating compound in the intermediate layer is preferably 30% by mass or more and 90% by mass or less to ensure sufficient conductivity under normal conditions while sufficiently increasing the resistance when heat is generated ([0017]; [0080] Example 1). Tsujita teaches a content of the conductive agent in the intermediate layer is 1% by mass or more and 20% by mass or less and the content of the gas generating compound in the intermediate layer relative to the content of the conductive agent is 2 to 20 times by mass ([0029]; [0015]; [0018]). Tsujita teaches that when the content of the conductive agent in the intermediate layer is greater than or equal to the lower limit sufficient conductivity can be maintained during normal use and when the content is equal to or less than the upper limit, the electron conduction path between the conductive agents is effectively cut off as gas is generated, thereby enabling the development of an improved shutdown function ([0029]). Tsujita teaches that the endothermic material is a carbonate compound, a hydrogen carbonate compound, a hydroxide oxide, a hydrate, or a hydroxide ([0015]; [0030]; [0031]; [0033]; [0037]; [0080] Example 1). Tsujita teaches a binder content of 5 mass % to 30 mass % in order to achieve balance between sufficient binding properties and the ability to disrupt the electron conduction path during heat generation ([0049]; [0080] Example 1). Tsujita further teaches wherein the intermediate layer is 0.5-10µm thick in order to reduce the thickness of the positive electrode ([0051]; [0080]-[0081] Example 1).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have substituted the PTC layer taught by Satoshi with the intermediate layer taught by Tsujita.
One of ordinary skill in the art would be motivated to substitute the PTC layer taught by Satoshi with the intermediate layer taught by Tsujita to maintain safety of a battery while decreasing the thickness of the positive electrode ([0051]). Further, the range taught by Tsujita overlaps with the instantly claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP §2144.05).
Satoshi in view of Tsujita does not explicitly teach wherein a content of the endothermic material in the conductive layer is greater than or equal to about 1 part by weight and less than or equal to about 30 parts by weight, based on 100 parts by weight of the positive electrode active material layer.
However, Satoshi teaches a range of thicknesses of the positive electrode layer, 1-100µm, and a range of content of a positive active material within the positive electrode active material layer ([0025]; [0029]) while Tsujita teaches a range of thickness of an intermediate (PTC) layer and a range of amount of gas generating (endothermic) compound in the intermediate layer ([0051]; [0017]; the instant specification describes a conductive layer of 0.5-10µm thickness [0069]). The intermediate (conductive) layer taught by Tsujita contains gas generating (endothermic) compound, conductive material, and binder at weight percentages that overlap with the respective claimed ranges. The weight of the positive electrode layer taught by Satoshi will vary based on, for example, the content of positive electrode active material and the thickness of the layer.
It would have been obvious to one of ordinary skill in the art to set the thickness of each layer and the amount of endothermic material in the intermediate layer within the range taught by the prior art. One of ordinary skill in the art would further find it obvious to compare the amount of endothermic material in the conductive layer, which overlaps with the claimed range, to the weight of the positive electrode active material layer. One of ordinary skill in the art would reasonably expect a battery having the positive electrode layer of Satoshi, the intermediate layer of Tsujita, and the respective ranges of weight contents and thickness to have a content of the endothermic material in the conductive layer based on 100 parts by weight of the positive electrode active material layer overlapping with the claimed range.
Regarding claim 2, modified Satoshi teaches the all-solid-state rechargeable battery of claim 1. Modified Satoshi further teaches wherein the conductive layer is disposed between the positive electrode active material layer and the positive electrode current collector, or the conductive laver is disposed on the opposite surface to the side of the positive electrode current collector where the positive electrode active material laver was formed (Satoshi [0012]; [0024]; [0035]).
Regarding claim 3, modified Satoshi teaches the all-solid-state rechargeable battery of claim 1. Satoshi further teaches wherein endothermic material includes a carbonate compound or a hydroxide compound ([0018]; [0035]).
Regarding claim 5, modified Satoshi teaches all-solid-state rechargeable battery as claimed in claim 3. Satoshi further teaches wherein: the endothermic material includes the hydroxide compound, and the hydroxide compound includes aluminum hydroxide ([0018]; [0038]).
Regarding claim 6, modified Satoshi teaches the all-solid-state rechargeable battery of claim 1. Satoshi further teaches wherein the solid electrolyte layer includes a sulfide solid electrolyte ([0026]).
Regarding claim 7, modified Satoshi teaches the all-solid-state rechargeable battery of claim 1.
Satoshi is silent as to the type of battery exterior.
However, Tsujita teaches where the all-solid-state battery comprises an exterior body accommodating the positive electrode layer, the negative electrode layer, and the solid electrolyte layer therein, the exterior body being a film type ([0084]; [0086] “electrode assembly was housed in a metal resin composite film as an exterior”).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have housed the all-solid-state battery taught by modified Satoshi in a metal resin composite film as an exterior as taught by Tsujita.
One of ordinary skill in the art could have housed the all-solid-state battery taught by modified Satoshi in a metal resin composite film as an exterior as taught by Tsujita with a reasonable expectation of success because a metal resin composite film type exterior is known in the art as a battery exterior.
Regarding claim 8, modified Satoshi teaches the all-solid-state battery of claim 7. Modified Satoshi is silent in regards to a volume difference between a volume contained within the exterior body at 80 ºC and a volume contained within the exterior body at 25 ºC.
However, modified Satoshi teaches all aspects of the structure of the battery of claim 8. For example, an all-solid-state rechargeable battery ([0016]; [0024]) with a positive electrode layer including a non-oxide endothermic material that absorbs heat by a decomposition reaction ([0008]; [0012]; [0015]; [0024]), where the positive electrode layer includes a conductive layer between the positive electrode active material layer and the positive electrode current collector ([0012]; [0015]), and the conductive layer includes the endothermic material ([0015]; [0018]; [0035]), in an amount of about 24 wt% to about 81%, based on a total weight of the conductive layer, the conductive later includes the conductive material in an amount of about 6 wt% to about 54wt% , based on a total weight of the conductive layer, and the conductive layer includes the binder in an amount of about 10 wt% to about 40wt%, based on a total weight of the conductive layer (Tsujita [0017]; [0080] Example 1; [0018]; [0015]; [0049]), and a laminate exterior body accommodates the positive electrode layer, the negative electrode layer, and the solid electrolyte layer therein (Tsujita [0084]; [0086]). Therefore, the all-solid-state battery taught by modified Satoshi would inherently possess the volume characteristics as claimed. Absent specific claimed features that maintain the difference between a volume contained within the exterior body at 80 ℃ and a volume contained within the exterior body at 25 ℃ within about 5% of the volume contained within the exterior body at 25 ℃, any differences between the instant application and the prior art are a result of something not claimed.
Regarding claim 10, modified Satoshi teaches the all-solid-state rechargeable battery of claim 1.
Modified Satoshi does not explicitly teach wherein the content of the endothermic material in the conductive layer is 15 parts by weight to 30 parts by weight, based on 100 parts by weight of the positive electrode active material layer.
However, Satoshi teaches a range of thicknesses of the positive electrode layer, 1-100µm, and a range of content of a positive active material within the positive electrode active material layer ([0025]; [0029]) while Tsujita teaches a range of thickness of an intermediate (PTC) layer and a range of amount of gas generating (endothermic) compound in the intermediate layer ([0051]; [0017]).
Therefore, it would have been obvious to one of ordinary skill in the art to set the thickness of each layer and the amount of endothermic material in the intermediate layer within the ranges taught by the prior art. One of ordinary skill in the art would further find it obvious to compare the amount of endothermic material in the conductive layer to the weight of the positive electrode active material layer, in which case the wide ranges taught by the prior art would overlap with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP §2144.05).
Regarding claim 11, modified Satoshi teaches the all-solid-state rechargeable battery of claim 1. Modified Satoshi further teaches wherein the endothermic material does not include an oxide coating (Tsujita [0030]-[0031]; [0033]; Satoshi [0018]).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Satoshi (Pat. App. Pub. No. JP2018116810A) in view of Tsujita et al. (WO 2019065972 A1), as applied above, in further view of in further view of Yoshida (US 9214674 B2) hereinafter "Yoshida"
Regarding claim 4, modified Satoshi teaches the all-solid-state rechargeable battery of claim 3.
Modified Satoshi does not teach wherein the carbonate compound includes lithium carbonate.
However, Yoshida teaches a lithium solid-state battery (column 6, lines 22-31; column 3, line 21) with lithium carbonate in the active material coating layer (column 2, lines 25-27; column 3, lines 31-33; column 4, lines 27-28) to allow the coating layer to be softened (column 2, lines 28-30) which improves contact area (column 2, lines 30-33).
It would have been obvious to one of ordinary skill in the art to use lithium carbonate as taught by Yoshida as the endothermic material in the battery taught by modified Kono.
One of ordinary skill in the art would have been motivated to include lithium carbonate in the battery taught by modified Kono to improve the contact area between layers (par. Column 2, lines 28-33). Lithium carbonate can function as an endothermic material based on its material properties and as such, would lead one of ordinary skill in the art to the invention as claimed in claim 4. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Satoshi (Pat. App. Pub. No. JP2018116810A) in view of Tsujita et al. (WO 2019065972 A1), as applied above, in further view of in further view of Ootsuki et. al. (US 20210013460 A1) hereinafter “Ootsuki".
Regarding claim 9, modified Satoshi teaches the all-solid-state rechargeable battery as claimed in claim 1. Satoshi further teaches where an endothermic material is one of a variety of inorganic hydrates ([0018]).
Modified Satoshi does not teach wherein the endothermic material includes aluminum oxide hydrate, barium nitrate hydrate, calcium sulfate hydrate, cobalt phosphate hydrate, antimony oxide hydrate, tin oxide hydrate, titanium oxide hydrate, bismuth oxide hydrate, or tungsten oxide hydrate.
However, Ootsuki teaches a fire-resistant battery ([0008]) where the battery is covered in a fire-resistant laminate containing an endothermic material ([0051]). Ootsuki teaches that an endothermic material is a hydrated metal compound such as boehmite (aluminum oxide hydrate), magnesium sulfate hydrate, or calcium sulfate hydrate which release water vapor and absorb heat when in contact with fire ([0117]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have substituted the endothermic material used in the all-solid-state battery taught by modified Satoshi with a hydrated metal compound such as boehmite (aluminum oxide hydrate), magnesium sulfate hydrate, or calcium sulfate hydrate for the endothermic material as taught by Ootsuki.
One of ordinary skill in the art, could have substituted the endothermic material used in the all-solid-state battery taught by modified Kono with a hydrated metal compound such as boehmite (aluminum oxide hydrate), magnesium sulfate hydrate, and calcium sulfate hydrate as the endothermic material as taught by Ootsuki to achieve a predictable result of a functional battery with an endothermic material capable of absorbing heat. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP §2144.07).
Conclusion
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/F.B.A./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
1The conductive layer is made with 1.9 g of conductive carbon as a conductive material, 12.2 g of
manganese (II) carbonate as an inorganic filler that undergoes an endothermic reaction, and 22.4 g of KF Polymer L#9130 as a resin. NMP used as a solvent is removed when the conductive coating is dried.