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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/12/2026 has been entered.
Response to Amendment
Examiner notes the following amendments made to the claims:
Claims 1, 5-8, 11-12, 19 amended
Response to Arguments
Applicant’s arguments, filed 02/13/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 USC 103 have been fully considered and are persuasive. Specifically, by further amending to clarify that the flame retardant inactive member is entirely in between the first and second solid electrolyte layers, the previously applied prior art is overcome. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection under 35 USC 102 is made in view of Tomoyuki (JP 2019-159833, US 20210066758 A1 used as translation). Examiner notes that Tomoyuki comes from the same assignee of the instant application, but its filing date comes from over a year prior to the effective filing date of the instant invention, it is considered to be a valid piece of prior art. Since no arguments are made regarding the patentability of the dependent claims other than their reliance on claim 1, the dependent claims are all rejected in view of Tomoyuki and the previously applied prior art, under 35 USC 102 and 35 USC 103. There is currently not considered to be any allowable subject matter present in the claims. Additionally, the claims are rejected in view of Shimizu (US 20190252728 A1), which comes from a different assignee and also teaches all of the limitations of the currently presented claims.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 15-17, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tomoyuki (JP 2019-159833A, US 20210066758 A1 used as translation).
Regarding claim 1, Tomoyuki teaches all of the following elements:
An all-solid secondary battery comprising: a cathode layer; (“In the all solid battery, the first active material layer may be a cathode active material layer and the second active material layer may be an anode active material layer, or the first active material layer may be an anode active material layer and the second active material layer may be a cathode active material layer.” Tomoyuki [0009])
a plurality of anode layers; (“A structure of an all solid secondary battery 1 of an embodiment will now be described with reference to FIG. 1. As shown in FIG. 1, the all solid secondary battery 1 includes a cathode layer 10 , an anode layer 20 , and a solid electrolyte layer 30 .” Tomoyuki [0038]. See comparison between Tomoyuki figure 1 and instant figure 6 for how the plurality of anode layers match up.)
and a plurality of solid electrolyte layers between the cathode layer and the anode layer, (solid electrolyte layers 30, Tomoyuki figure 1.)
wherein, the cathode layer comprises: a positive electrode current collector; and a first positive active material layer and a second positive active material layer, respectively on two opposite sides of the positive electrode current collector, (“Referring to FIGS. 1 and 2, the cathode layer 10 includes a cathode current collector 11 as a first current collector and a cathode active material layer 12 as a first active material layer.” Tomoyuki [0042]. In this case, the first active material layer is on present on opposite sides of the current collector and thus meets the limitation.)
the plurality of solid electrolyte layers comprises: a first solid electrolyte layer and a second solid electrolyte layer that respectively contact the first positive active material layer and the second positive active material layer, (“In the all solid secondary battery 1 according to an embodiment, for example, a pair of solid electrolyte layers 30 are arranged on opposite sides of the cathode layer 10 so as to allow the cathode layer 10 to be interposed between the pair of solid electrolyte layers 30” Tomoyuki [0039])
and each of the plurality of anode layers comprises: a negative electrode current collector and a first negative active material layer on the negative electrode current collector, (“Referring to FIGS. 1 and 2, the anode layer 20 includes an anode current collector 21 as a second current collector, and an anode active material layer 22 as a second active material layer. For example, the anode layer 20 includes the anode current collector 21 shaped of a plate or a foil, and the anode active material layer 22 located on the anode current collector 21 as a second active material layer. In an embodiment, the anode current collector 21 forms an outermost layer of a laminate of the all solid secondary battery 1 .” Tomoyuki [0066])
and wherein a flame retardant inactive member is on a side of the cathode layer and is entirely between the first solid electrolyte layer and the second solid electrolyte layer that face each other, the flame retardant inactive member contacting the solid electrolyte layer, and being separated from the plurality of anode layers. (see comparison between Tomoyuki fig. 1 and instant figure 6, which both depict an insulating/flame retardant member entirely surrounded by solid electrolyte layers, being on both sides of the cathode layer, and being separated from the plurality of anode layers.)
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Regarding claim 2, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein a thickness of the flame retardant inactive member is equal to or less than a thickness of the cathode layer. (As can be seen in Tomoyuki figure 1, the thickness of the flame retardant inactive member is the same as that of the cathode layer, thus meeting the above limitation.)
Regarding claim 3, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein a thickness of the flame retardant inactive member is 80 % to 100 % of a thickness of the cathode layer. (As can be seen in Tomoyuki figure 1, the thickness of the flame retardant inactive member is the same as that of the cathode layer, thus meeting the above limitation.)
Regarding claim 4, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member is around the cathode layer. (Tomoyuki figure 1 clearly depicts the insulation member being around the cathode layer in the same manner as shown in instant figure 6, thus anticipating the above limitation.)
Regarding claim 5, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member extends from a side of the cathode layer to a distal end portion of the plurality of solid electrolyte layers along a surface of the plurality of solid electrolyte layers. (As can be seen in Tomoyuki figure 1, the insulating member extends from the sides of the cathode layer to the distal end portions of the solid electrolyte layers in the same manner as shown in instant figure 6, thus anticipating all of the above limitation.)
Regarding claim 6, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member extending from a side of the cathode layer to a distal end portion of the plurality of solid electrolyte layers is 1 % to 30 % of the cathode layer in width. (As can be seen in Tomoyuki figure 1, the width of the insulation members is clearly less than 30% of the cathode layer in width, thus anticipating the claimed limitation.)
Regarding claim 7, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein an area of the cathode layer is smaller than an area of each of the plurality of solid electrolyte layers in contact with the cathode layer, and the flame retardant inactive member is around the cathode layer and configured to compensate for a difference in area between the cathode layer and the plurality of solid electrolyte layers. (See below for comparison of Tomoyuki figure 1 and instant figure 6, showing how in both, the insulation/flame retardant members make up for the difference in are between a part of the cathode layer and the solid electrolyte layers. By having the same structure, there would be the same cross sections in the stacking plane between Tomoyuki and the instant structure, and therefore this limitation would be met.)
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Regarding claim 8, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the plurality of anode layers comprises: a primary anode layer and a secondary anode layer that respectively contact the first solid electrolyte layer and the second solid electrolyte layer. (Tomoyuki has both a first and second anode layer that respectively contact the first and second solid electrolyte layers. There is nothing in the instant specification mentioning a primary and secondary anode layer or any difference between them, and thus the two anode layers taught by Tomoyuki are considered to meet and anticipate the above limitation.)
Regarding claim 9, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member comprises a matrix and a filler. (“The insulating layer 13 may be made of a non-conducting material, and examples thereof may include a resin film including polypropylene or polyethylene, or a resin such as copolymer. Such a resin film may be closely adhered to the cathode layer by press-molding, and thus may not be readily peeled off. In addition, the insulating layer 13 may be a mixture of the resin and an insulating filler.” Tomoyuki [0060]. In this case, the matrix is the resin and the insulating filler is the filler.)
Regarding claim 15, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the first negative active material layer comprises a negative active material and a binder, wherein the negative active material is in particle form, and an average particle diameter of the negative active material is 4 pm or less.(“ The anode active material layer 22 may include, for example, at least one of an anode active material for forming an alloy with lithium ions, or an anode active material for forming a compound with lithium ions.” Tomoyuki [0070] and “The anode active material layer 22 may further include a binder as desired.” Tomoyuki [0079 and “ When amorphous carbon in combination with at least one of gold, platinum, palladium, silicon, silver, aluminum, bismuth, tin, antimony, or zinc, is used as the anode active material, the anode active material may have a particle diameter of about 4 micrometers (μm) or less, about 3 μm or less, about 2 μm or less, about 1 μm or less, or about 900 nanometers (nm) or less.” Tomoyuki [0077]])
Regarding claim 16, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 15, wherein the negative active material comprises at least one selected from a carbonaceous negative active material and a metal or metalloid negative active material, wherein the carbonaceous negative active material comprises amorphous carbon. (“The anode active material may be, for example, amorphous carbon, gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), antimony (Sb), and zinc (Zn).” Tomoyuki [0071])
Regarding claim 17, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 16, wherein the metal or metalloid negative active material comprises at least one selected from the group consisting of gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (AI), bismuth (Bi), tin (Sn), and zinc (Zn). . (“The anode active material may be, for example, amorphous carbon, gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (Al), bismuth (Bi), tin (Sn), antimony (Sb), and zinc (Zn).” Tomoyuki [0071])
Claim(s) 1-9, 16, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shimizu (US 20190252728 A1)
Regarding claim 1, Shimizu teaches all of the following elements:
An all-solid secondary battery comprising: (“A solid battery including” Shimizu abstract)
a cathode layer; (“a first electrolyte layer, a first positive electrode layer, a first current collecting layer, and a second positive electrode layer are laminated in this order;” Shimizu abstract)
a plurality of anode layers; (“More specifically, the present invention relates to a stacked solid battery in which a positive electrode layer, a negative electrode layer, and an electrolyte layer between the positive electrode layer and the negative electrode layer are stacked.” Shimizu [0002]. Figure 1 clearly depicts a plurality of anode layers.)
and a plurality of solid electrolyte layers between the cathode layer and the anode layer, (Shimizu figure 1 clearly depicts a plurality of solid electrolyte layers between the cathode layers and anode layers.)
wherein, the cathode layer comprises: a positive electrode current collector; and a first positive active material layer and a second positive active material layer, respectively on two opposite sides of the positive electrode current collector, (“The present invention provides a solid battery, including: at least one first laminate body in which a first electrolyte layer, a first positive electrode layer, a first current collecting layer, and a second positive electrode layer are laminated in this order;” Shimizu [0011])
the plurality of solid electrolyte layers comprises: a first solid electrolyte layer and a second solid electrolyte layer that respectively contact the first positive active material layer and the second positive active material layer, (See below figure—Shimizu figure 1, for first and second solid electrolyte layers sandwiching the two positive active material layers)
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and each of the plurality of anode layers comprises: a negative electrode current collector and a first negative active material layer on the negative electrode current collector, (“at least one second laminate body in which a second electrolyte layer, a first negative electrode layer, a second current collecting layer, and a second negative electrode layer are laminated in this order;” Shimizu [0011])
and wherein a flame retardant inactive member is on a side of the cathode layer and is entirely between the first solid electrolyte layer and the second solid electrolyte layer that face each other, the flame retardant inactive member contacting the solid electrolyte layer, and being separated from the plurality of anode layers. (see comparison between Shimizu fig. 1 and instant figure 6, which both depict an insulating/flame retardant member entirely surrounded by solid electrolyte layers, being on both sides of the cathode layer, and being separated from the plurality of anode layers.)
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Regarding claim 2, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein a thickness of the flame retardant inactive member is equal to or less than a thickness of the cathode layer. (As can be seen in Shimizu figure 1, the thickness of the flame retardant inactive member is less than that of the cathode layer, thus meeting the above limitation.)
Regarding claim 3, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein a thickness of the flame retardant inactive member is 80 % to 100 % of a thickness of the cathode layer. (As can be seen in Shimizu figure 1, the thickness of the flame retardant inactive member on both the right and left of the positive electrode layers is nearly as that of the electrode layers, thus meeting the above limitation.)
Regarding claim 4, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member is around the cathode layer. (Shimizu figure 1 clearly depicts the insulation member being around the cathode layer in the same manner as shown in instant figure 6, thus anticipating the above limitation.)
Regarding claim 5, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member extends from a side of the cathode layer to a distal end portion of the plurality of solid electrolyte layers along a surface of the plurality of solid electrolyte layers. (As can be seen in Shimizu figure 1, the insulating member extends from the sides of the cathode layer to the distal end portions of the solid electrolyte layers in the same manner as shown in instant figure 6, thus anticipating all of the above limitation.)
Regarding claim 6, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member extending from a side of the cathode layer to a distal end portion of the plurality of solid electrolyte layers is 1 % to 30 % of the cathode layer in width. (As can be seen in Shimizu figure 1, the width of the insulation members is clearly less than 30% of the cathode layer in width, thus anticipating the claimed limitation.)
Regarding claim 7, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein an area of the cathode layer is smaller than an area of each of the plurality of solid electrolyte layers in contact with the cathode layer, and the flame retardant inactive member is around the cathode layer and configured to compensate for a difference in area between the cathode layer and the plurality of solid electrolyte layers. (As can be seen by comparing Shimizu figure 1 and instant figure 6, the insulating layer of Shimizu makes up for the difference in width between the positive electrode layers and the solid electrolyte, in the same way as the instant invention, thus meeting the above limitation.)
Regarding claim 8, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the plurality of anode layers comprises: a primary anode layer and a secondary anode layer that respectively contact the first solid electrolyte layer and the second solid electrolyte layer. (Shimizu has both a first and second anode layer that respectively contact the first and second solid electrolyte layers. There is nothing in the instant specification mentioning a primary and secondary anode layer or any difference between them, and thus the two anode layers taught by Shimizu are considered to meet and anticipate the above limitation.)
Regarding claim 9, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the flame retardant inactive member comprises a matrix and a filler. (“The first insulating layer 109 and the second insulating layer 110 include a material having a glass transition point at 500° C. or lower. The first insulating layer 109 and the second insulating layer 110 may include an inorganic insulating material and/or an organic insulating material in addition to a material having a glass transition point at 500° C. or lower. Examples of the inorganic insulating material include aluminum oxide (Al.sub.2O.sub.3), silicon oxide (SiO.sub.2), magnesium oxide (MgO), titanium oxide (TiO.sub.2), zirconium oxide (ZrO.sub.2), and the like, and examples of the organic insulating material include polyvinylidene fluoride, a copolymer of vinylidene fluoride and hexafluoropropylene, and the like.” Shimizu [0072]. In this case, the organic insulating material functions as the matric and the inorganic insulating material functions as the filler.)
Regarding claim 16, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 15, wherein the negative active material comprises at least one selected from a carbonaceous negative active material and a metal or metalloid negative active material, wherein the carbonaceous negative active material comprises amorphous carbon. (“The negative electrode active material includes a negative electrode material capable of occluding and releasing a lithium ion as an electrode reactant. From the viewpoint of obtaining a high energy density, the negative electrode material is preferably a carbon material, a metal-based material or the like, but is not limited to this.” Shimizu [0061])
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.
Claim(s) 12-13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomoyuki (JP 2019-159833A, US 20210066758 A1 used as translation).
Regarding claim 12, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the plurality of solid electrolyte layers comprises a sulfide-based solid electrolyte. (“The solid electrolyte may be in the form of, for example, powder, and may include, for example, a sulfide-based solid electrolyte material.” Tomoyuki [0101]. It would be obvious to use a sulfide-based electrolyte based on the teachings of Tomoyuki.)
Regarding claim 13, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 12, wherein the sulfide- based solid electrolyte is at least one selected from Li2S-P2Ss, Li2S-P2Ss-LiX, wherein X is a halogen, Li2S-P2Ss-Li20, Li2S-P2Ss-Li20-Lil, Li2S-SiS2, Li2S-SiS2-Lil, Li2S-SiS2-LiBr, Li2S-SiS2-LiCI, Li2S-SiS2-B2S3-LiI, Li2S-SiS2-P2S5-LiI, Li2S-B2S3, Li2S-P2S5-ZmSn, wherein m and n are positive numbers, and Z is one selected from Ge, Zn, and Ga, Li2S-GeS2, Li2S-SiS2-Li3PO4, Li2S-SiS2-LipMOq, wherein p and q are positive numbers, and M is one selected from P, Si, Ge, B, AI, Ga, and In and wherein Ox<2. (“Examples of the sulfide-based solid electrolyte material may include Li2 S—P2 S5 , Li2 S—P2 S5 —LiX (wherein X is a halogen element, for example, I, Br, or Cl), Li2 S—P2 S5 —Li2 O, Li2 S—P2 S5 —Li2 O—LiI, Li2 S—SiS2 , Li2 S—SiS2 —LiI, Li2 S—SiS2 —LiBr, Li2 S—SiS2 —LiCl, Li2 S—SiS2 —B2 S3 —LiI, Li2 S—SiS2 —P2 S5 —LiI, Li2 S—B2 S3 , Li2 S—P2 S5 -ZmSn (wherein m and are each a positive number, and Z is Ge, Zn and Ga), Li2 S—GeS2 , Li2 S—SiS2 —Li3 PO4 , and Li2 S—SiS2 -Lip MOq (wherein p and q are each a positive number, and M is P, Si, Ge, B, Al, Ga, or In).” Tomoyuki [0102]. A number of these materials overlap with the claimed sulfide electrolytes, and therefore would be obvious to select as the material for the sulfide-based solid electrolyte.)
Regarding claim 18, Tomoyuki teaches all of the following elements:
The all-solid secondary battery of claim 15, wherein the negative active material comprises a mixture of first particles and second particles, wherein the first particles consist of amorphous carbon, and the second particles consist of a metal or metalloid, and an amount of the second particles is 8 wt% to 60 wt% of a total weight of the mixture. (“The anode active material layer 22 may include one of such anode active materials or two or more of the anode active materials. For example, the anode active material layer 22 may include only amorphous carbon as the anode active material, or at least one of gold, platinum, palladium, silicon, silver, aluminum, bismuth, tin, antimony, or zinc. In addition, the anode active material layer 22 may include a mixture of amorphous carbon and at least one of gold, platinum, palladium, silicon, silver, aluminum, bismuth, tin, antimony, or zinc.” Tomoyuki [0076] and “ A mixing ratio (mass ratio) of amorphous carbon to the metal(s) described herein, such as gold (Au), may be about 1:1 to about 1:3, and the all solid secondary battery 1 may have further improved characteristics by forming the anode active material using such materials.” Tomoyuki [0076]. In this case, if a 1:1 ratio were used and there were a 20% by mass quantity of binder “A content of the binder included in the anode active material layer 22 may be, for example, about 0.3% by mass or greater and about 20.0% by mass or less,” Tomoyuki [0079], then there would be 40% by weight of second particles, which would anticipate the claimed range.)
The examiner takes note of the fact that the prior art range of 40% (20% binder and 1:1 ratio) to ------74.775% (0.3% binder and 3:1 ratio) of the amount of second particles by weight of the total mixture overlaps the claimed range of 8-60% for the same parameter. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomoyuki (JP 2019-159833A, US 20210066758 A1 used as translation) in view of Jang (US 20220190346 A1).
Regarding claim 10, Tomoyuki teaches all of the elements of claim 9, as shown above. Tomoyuki also teaches the inclusion of a fibrous material (“The insulating filler used may have various shapes such as a particle shape, a fibrous shape, a needle shape or a plate shape.” Tomoyuki [0060]), but not explicitly the combination of two fibrous materials in a matrix as required for the claim. However, Jang teaches all of the elements of claim 10 that are not found in Tomoyuki:
The all-solid secondary battery of claim 9, wherein the matrix comprises a substrate and a reinforcing agent, wherein the substrate comprises a first fibrous material, the first fibrous material is an insulating material, the first fibrous material comprises at least one selected from pulp fibers, insulating polymer fibers, and ion-conductive polymer fibers, (“in some embodiments, the high-elasticity polymer forms a mixture, blend, or semi-IPN with a lithium ion-conducting polymer” Jang [0034])
the reinforcing agent comprises a second fibrous material, the second fibrous material is a flame retardant material, and the second fibrous material comprises at least one selected from glass fibers and ceramic fibers. (“In certain embodiments, the high-elasticity polymer further contains a reinforcement material that is selected from a polymer fiber, a glass fiber, a ceramic fiber” Jang [0029])
In this case, the lithium ion-conducting polymer of Jang functions as the substrate and the reinforcement material of Jang functions as the reinforcing agent, which is also a flame retardant material.
Jang and Tomoyuki are considered to be analogous because they are both within the same field of lithium secondary batteries containing flame-retardant elements. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the insulating member of Tomoyuki including a matrix and filler to include the specific flame retardant structure of Jang, which includes a matrix, a filler, the matrix containing a lithium-ion conducting polymer and glass or ceramic fibers, and the filler comprising a metal hydroxide, specifically aluminum hydroxide. Since this would simply be substituting one flame retardant member with another, it would be considered obvious as the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.). The modification of the flame retardant layer of Tomoyuki with the flame retardant structure and material of Jang would further meet the limitations of claim 11 without needing any further motivation.
Regarding claim 11, modified Tomoyuki teaches all of the elements of claim 10, as shown above. Tomoyuki is silent on the following elements of claim 11:
The all-solid secondary battery of claim 9, wherein the filler is a moisture getter and comprises a metal hydroxide, wherein the metal hydroxide comprises at least one selected from Mg(OH)2, Fe(OH)3, Sb(OH)3, Sn(OH)4 TI(OH)3, Zr(OH)4 and AI(OH)3.
However, Jang teaches all of the elements of claim 11 that aren’t found in Tomoyuki. Specifically, Jang teaches:
The all-solid second battery of claim 9, wherein the filler is a moisture getter and comprises a metal hydroxide, (“The flame retardant additive may be selected from a halogenated flame retardant, phosphorus-based flame retardant, melamine flame retardant, metal hydroxide flame retardant, silicon-based flame retardant, phosphate flame retardant, biomolecular flame retardant, or a combination thereof.” Jang [0072])
wherein the metal hydroxide comprises at least one selected from Mg(OH)2, Fe(OH)3, Sb(OH)3, Sn(OH)4, TI(OH)3, Zr(OH)4, and AI(OH)3. (“It may be noted that flame-retarding group modified polysiloxane itself is an elastic polymer composite containing a flame retardant according to an embodiment of instant disclosure. Both reactive and additive types of flame retardants can be further separated into several different classes: 1) Minerals: Examples include aluminum hydroxide (ATH),” Jang [0075], Aluminum hydroxide is provided as one of the claimed examples of a metal hydroxide filler)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomoyuki (JP 2019-159833A, US 20210066758 A1 used as translation) in view of Koga (US 20210184253 A1).
Regarding claim 14, Tomoyuki teaches all of the elements of claim 12, as shown above. Tomoyuki is silent on the following elements of claim 14:
The all-solid secondary battery of claim 12, wherein the sulfide-based solid electrolyte is an argyrodite-type solid electrolyte comprising at least one selected from Li6PS5CI, Li6PS5Br and Li6PS5I, and a density of the argyrodite-type solid electrolyte is 1.5 g/cc to 2.0 g/cc.
However, Koga teaches all of the elements of claim 14 that are not found in Tomoyuki. Specifically, Koga teaches:
The all-solid secondary battery of claim 12, wherein the sulfide-based solid electrolyte is an argyrodite-type solid electrolyte comprising at least one selected from Li6PS5CI, Li6PS5Br and Li6PS5I, and a density of the argyrodite-type solid electrolyte is 1.5 g/cc to 2.0 g/cc. (“the first solid electrolyte material may contain an argyrodite sulfide. Koga [0050] and “Examples of the composition of the argyrodite sulfide represented by composition formula. LiαPSβCly include Li6PS5Cl ” Koga [0052]. Since density is an inherent property, if the exact material of Koga was used, an argyrodite-type solid electrolyte containing Li6PS5Cl, the density would be the same as in the claimed limitation. See MPEP 2112.01 II.)
It would be obvious to use the sulfide solid electrolyte material of Koga as it would be a simple substitution of solid electrolyte material with that of Tomoyuki, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomoyuki (JP 2019-159833A, US 20210066758 A1 used as translation) in view of Lee (KR10-2019-0143656 A, US 20210143412 A1 used as translation)
Regarding claim 19, Tomoyuki teaches all of the elements except that the second negative active material layer is explicitly a “plated” layer. However, Tomoyuki teaches a metal layer that is protected by the first layer, that is actively not dendrite, and that is flat. Therefore, the lithium metal layer of Tomoyuki could also be defined as plated.
The all-solid secondary battery of claim 1, further comprising a second negative active material layer between the negative electrode current collector and the first negative active material layer and/or between the plurality of solid electrolyte layers and the first negative active material layer, wherein the second negative active material layer is a metal layer comprising lithium and/or a lithium alloy, and the second negative active material layer is a plated layer. (“in addition, when the lithium metal layer is formed between the anode active material layer 22 and the anode current collector 21 , that is, within the anode layer 20 , the anode active material layer 22 covers the lithium metal layer. Accordingly, the anode active material layer 22 may function as a protective layer of the metal layer.” Tomoyuki [0136] and “Since the metallic lithium is formed by diffusion of lithium in the anode active material layer capable of forming an alloy or compound with lithium, it may be uniformly formed as a lithium metal layer, not as a dendritic lithium, along the surface of the anode active material layer 22” Tomoyuki [0135]. Tomoyuki clearly teaches an embodiment in which a second negative active material layer is formed, comprising a lithium metal layer. The instant specification states “Therefore, it is possible to utilize lithium as a negative active material in the all-solid secondary battery 1. In some embodiments, as the first negative active material layer 22 coats the second negative active material layer, it may function as a protection layer of the second negative active material layer, i.e., the metal layer, and at substantially the same time, it may suppress the eduction growth of a lithium dendrite.“ Instant spec [00121] and “for example, the eduction shape of the second negative active material layer may be more flattened,” Instant [00123])
If applicant does not believe Tomoyuki alone teaches a plated lithium metal layer, examiner further cites Lee, which teaches a lithium metal layer as a second anode active layer that is explicitly plated:
The all-solid secondary battery of claim 1, further comprising a second negative active material layer between the negative electrode current collector and the first negative active material layer and/or between the plurality of solid electrolyte layers and the first negative active material layer, wherein the second negative active material layer is a metal layer comprising lithium and/or a lithium alloy, and the second negative active material layer is a plated layer. (“In the all-solid secondary batteries of Examples 1 and 2, it was confirmed that a plated layer (i.e., a lithium metal layer) corresponding to the second anode active material layer was formed between the first anode active material layer and the anode current collector” Lee [0104])
Lee is considered to be analogous to Tomoyuki because they are both related to lithium secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the second anode active layer, which is lithium metal, to be explicitly a plated layer as this is clearly taught in the art as a known method. Lee additionally teaches that the plated lithium is formed during a process that is analogous to that of Tomoyuki (“a metal layer corresponding to the second anode active material layer may be formed (e.g., plated) by the plated lithium. The second anode active material layer may be a metal layer mainly formed of lithium (e.g., lithium metal). This results because, for example, the anode active material in the first anode active material layer(s) 22 or 22a and 22b is formed of a material capable of forming an alloy or a compound with lithium.” Lee [0076] vs “Then, once a target capacity of the anode active material layer 22 is exceeded, metallic lithium starts to be precipitated on one surface or on each of two opposite surfaces of the anode active material layer 22 , and may thus form a lithium metal layer. Since the metallic lithium is formed by diffusion of lithium in the anode active material layer capable of forming an alloy or compound with lithium, it may be uniformly formed as a lithium metal layer,” Tomoyuki [0135]) Thus, it is highly probable that the lithium metal layer of Tomoyuki is a plated layer, even if not explicitly stated. Examiner notes that Lee comes from the same assignee as the instant invention, but its earliest filing date is over a year prior to the EFD of the instant invention.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomoyuki (JP 2019-159833A, US 20210066758 A1 used as translation) in view of Kim (US 20150318518 A1)
Regarding claim 20, Tomoyuki is silent on the following elements:
An all-solid secondary battery structure comprising: an all-solid secondary battery according to claim 1; and a conductive flame retardant inactive member on a side or opposite sides of the all-solid secondary battery. (Figure 1 of Tomoyuki represents an all solid secondary battery structure which is analogous to figure 6 of the instant application.
However, Kim teaches all of the elements of claim 20 that are not found in Tomoyuki. Specifically, Kim teaches:
[the secondary battery of claim 1] and a conductive flame retardant inactive member on a side or opposite sides of the all-solid secondary battery. (“The safety member may be provided in the form of a layer or block inside the double pouch for a secondary battery” Kim [0014], “a substrate of the pouch, excluding the safety member, is used for a secondary battery, and is not particularly limited so long as it stably protects the safety member while not inducing chemical actions. Preferable examples thereof include polyethylene, polypropylene, and polyurethane, and more preferably, aluminum is provided therein.” Kim [0015], and “Accordingly, when the inside of the battery according to the present invention reaches a high temperature of 80° C. or more due to abnormal operation of the battery, the flame-retardant resin of the safety member 3 around the electrode assembly 1 melts and thus flows therein, or fires may be prevented from spreading to the outside due to the flame-retardant resin, thereby preventing ignition of the electrode assembly 1.” Kim [0040]. The invention of Kim teaches a pouch which surrounds a battery with a conductive flame retardant member, conductive due to the presence of aluminum and flame retardant due to the presence of flame retardant resin)
Tomoyuki and Kim are considered to be analogous because they are both related to implementing flame retardant measures into secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the secondary battery of Tomoyuki to include the flame-retardant containing pouch of Kim in order to reduce fire risk caused by ignition of the electrode assembly (Kim 0040). This would be desirable in a secondary battery as it would provide increased safety measures related to fire and overheating of the battery or its surroundings.
Claim(s) 12-13, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20190252728 A1)
Regarding claim 12, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the plurality of solid electrolyte layers comprises a sulfide-based solid electrolyte. (“As the solid electrolyte, for example, one type or two or more types of crystalline solid electrolytes can be mentioned. A type of the crystalline solid electrolyte is not particularly limited as long as it is a crystalline solid electrolyte capable of conducting lithium ions, and is, for example, an inorganic material or a polymer material. Examples of the inorganic material include a sulfide,” Shimizu [0049]. It would be obvious to use a sulfide-based electrolyte based on the teachings of Shimizu.)
Regarding claim 13, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 12, wherein the sulfide- based solid electrolyte is at least one selected from Li2S-P2Ss, Li2S-P2Ss-LiX, wherein X is a halogen, Li2S-P2Ss-Li20, Li2S-P2Ss-Li20-Lil, Li2S-SiS2, Li2S-SiS2-Lil, Li2S-SiS2-LiBr, Li2S-SiS2-LiCI, Li2S-SiS2-B2S3-LiI, Li2S-SiS2-P2S5-LiI, Li2S-B2S3, Li2S-P2S5-ZmSn, wherein m and n are positive numbers, and Z is one selected from Ge, Zn, and Ga, Li2S-GeS2, Li2S-SiS2-Li3PO4, Li2S-SiS2-LipMOq, wherein p and q are positive numbers, and M is one selected from P, Si, Ge, B, AI, Ga, and In and wherein Ox<2. (“Examples of the inorganic material include a sulfide, such as Li.sub.2S—P.sub.2S.sub.5, Li.sub.2S—SiS.sub.2—Li.sub.3PO.sub.4, Li.sub.7P.sub.3S.sub.11, Li.sub.3.25Ge.sub.0.25P0.75S, or Li.sub.10GeP.sub.2S.sub.12,” Shimizu [0049]. A number of these materials overlap with the claimed sulfide electrolytes, and therefore would be obvious to select as the material for the sulfide-based solid electrolyte.)
Regarding claim 17, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 16, wherein the metal or metalloid negative active material comprises at least one selected from the group consisting of gold (Au), platinum (Pt), palladium (Pd), silicon (Si), silver (Ag), aluminum (AI), bismuth (Bi), tin (Sn), and zinc (Zn). (“The metal-based material is, for example, a material containing a metal element or a semimetal element capable of forming lithium and an alloy as a constituent element. More specifically, the metal-based material is, for example, one kind or two or more kinds of a single substance, an alloy, or a compound of silicon (Si), tin (Sn), aluminum (Al), indium (In), magnesium (Mg), boron (B), gallium (Ga), germanium (Ge), lead (Pb), bismuth (Bi), cadmium (Cd), silver (Ag), zinc (Zn), hafnium (Hf), zirconium (Zr), yttrium (Y), palladium (Pd), platinum (Pt), or the like.” Shimizu [0063). It would be obvious to use one of the claimed materials as they are taught as an option by Shimizu.)
Claim(s) 15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20190252728 A1) in view of Hoshi (US 20190348679 A1)
Regarding claim 15, Shimizu teaches all of the following elements:
The all-solid secondary battery of claim 1, wherein the first negative active material layer comprises a negative active material and a binder, wherein the negative active material is in particle form, (“The negative electrode active material contains powder of the negative electrode active material particles.” Shimizu [0065])
Shimizu is silent on the following elements of claim 15:
and an average particle diameter of the negative active material is 4 pm or less.
However, Hoshi teaches all of the elements of claim 15 that aren’t found in Shimizu:
(“ An average particle size (d50) of amorphous carbon particles is preferably from 1 μm to 30 μm, more preferably from 2 μm to 25 μm, and still more preferably from 2 μm to 23 μm.” Hoshi [0070])
The examiner takes note of the fact that the prior art range of 1-30 µ m for the d50 of the negative active material overlaps the claimed range of 4 µ m or less. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Shimizu and Hoshi are considered to be analogous because they are both within the field of lithium secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the negative electrode of Shimizu with the multi-particle containing negative electrode active material of Hoshi in order to reduce the irreversible capacity and have excellent pulse charge characteristics (Hoshi [0013]). Additionally, given that both Shimizu and Hoshi contain negative active materials, it would be obvious to use the material of Hoshi as 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).
By modifying the negative electrode active material of Shimizu with that of Hoshi, the additional limitations of claim 18 would be met without requiring any further modification or motivation.
Regarding claim 18, Shimizu is silent on the following limitations:
The all-solid secondary battery of claim 15, wherein the negative active material comprises a mixture of first particles and second particles,
wherein the first particles consist of amorphous carbon, and the second particles consist of a metal or metalloid, and an amount of the second particles is 8 wt% to 60 wt% of a total weight of the mixture.
However, Hoshi teaches all of the elements of claim 18 that are not found in Shimizu. Specifically, Hoshi teaches:
The all-solid secondary battery of claim 15, wherein the negative active material comprises a mixture of first particles and second particles, (“In the negative electrode material for a lithium-ion secondary battery in the present disclosure, particles such as a carbonaceous material other than graphitic particles and amorphous carbon particles used if necessary, a metal oxide such as tin oxide or silicon oxide, a metal composite oxide, simple-substance lithium, a lithium alloy such as lithium-aluminum alloy, or a material that can form an alloy with lithium, the material such as Sn or Si, may be used together as other particles, as a negative electrode active material. The other particles may be used singly, or in combination of two or more kinds thereof.” Hoshi [0073])
wherein the first particles consist of amorphous carbon, and the second particles consist of a metal or metalloid, and an amount of the second particles is 8 wt% to 60 wt% of a total weight of the mixture. (“In a case in which the negative electrode material for a lithium-ion secondary battery in the present disclosures includes other particles as a negative electrode active material, a content of other particles is preferably from 0.5% by mass to 20% by mass, and more preferably from 1% by mass to 15% by mass, with respect to the negative electrode material for a lithium-ion secondary battery.” Hoshi [0075] In this case, Sn or Si is being used as the second particle, and is present in a 0.5-20% mass ratio, which overlaps the claimed range.)
The examiner takes note of the fact that the prior art range of 0.5-20% by mass of the secondary particle (in this case, the metal or metalloid particle) of the negative active material overlaps the claimed range of 8-60%. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20190252728 A1) in view of Jang (US 20220190346 A1).
Regarding claim 10, Shimizu is silent on the following elements regarding the composition of the flame-retardant material: However, Jang teaches all of the elements of claim 10 that are not found in Tomoyuki:
The all-solid secondary battery of claim 9, wherein the matrix comprises a substrate and a reinforcing agent, wherein the substrate comprises a first fibrous material, the first fibrous material is an insulating material, the first fibrous material comprises at least one selected from pulp fibers, insulating polymer fibers, and ion-conductive polymer fibers, (“in some embodiments, the high-elasticity polymer forms a mixture, blend, or semi-IPN with a lithium ion-conducting polymer” Jang [0034])
the reinforcing agent comprises a second fibrous material, the second fibrous material is a flame retardant material, and the second fibrous material comprises at least one selected from glass fibers and ceramic fibers. (“In certain embodiments, the high-elasticity polymer further contains a reinforcement material that is selected from a polymer fiber, a glass fiber, a ceramic fiber” Jang [0029])
In this case, the lithium ion-conducting polymer of Jang functions as the substrate and the reinforcement material of Jang functions as the reinforcing agent, which is also a flame retardant material.
Jang and Shimizu are considered to be analogous because they are both within the same field of lithium secondary batteries containing flame-retardant elements. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the insulating member of Shimizu including a matrix and filler to include the specific flame retardant structure of Jang, which includes a matrix, a filler, the matrix containing a lithium-ion conducting polymer and glass or ceramic fibers, and the filler comprising a metal hydroxide, specifically aluminum hydroxide. Since this would simply be substituting one flame retardant member with another, it would be considered obvious as the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.). The modification of the flame retardant layer of Shimizu with the flame retardant structure and material of Jang would further meet the limitations of claim 11 without needing any further motivation.
Regarding claim 11, modified Shimizu teaches all of the elements of claim 10, as shown above. Shimizu is silent on the following elements of claim 11:
The all-solid secondary battery of claim 9, wherein the filler is a moisture getter and comprises a metal hydroxide, wherein the metal hydroxide comprises at least one selected from Mg(OH)2, Fe(OH)3, Sb(OH)3, Sn(OH)4 TI(OH)3, Zr(OH)4 and AI(OH)3.
However, Jang teaches all of the elements of claim 11 that aren’t found in Shimizu. Specifically, Jang teaches:
The all-solid second battery of claim 9, wherein the filler is a moisture getter and comprises a metal hydroxide, (“The flame retardant additive may be selected from a halogenated flame retardant, phosphorus-based flame retardant, melamine flame retardant, metal hydroxide flame retardant, silicon-based flame retardant, phosphate flame retardant, biomolecular flame retardant, or a combination thereof.” Jang [0072])
wherein the metal hydroxide comprises at least one selected from Mg(OH)2, Fe(OH)3, Sb(OH)3, Sn(OH)4, TI(OH)3, Zr(OH)4, and AI(OH)3. (“It may be noted that flame-retarding group modified polysiloxane itself is an elastic polymer composite containing a flame retardant according to an embodiment of instant disclosure. Both reactive and additive types of flame retardants can be further separated into several different classes: 1) Minerals: Examples include aluminum hydroxide (ATH),” Jang [0075], Aluminum hydroxide is provided as one of the claimed examples of a metal hydroxide filler)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20190252728 A1) in view of Koga (US 20210184253 A1).
Regarding claim 14, Shimizu teaches all of the elements of claim 12, as shown above. Shimizu is silent on the following elements of claim 14:
The all-solid secondary battery of claim 12, wherein the sulfide-based solid electrolyte is an argyrodite-type solid electrolyte comprising at least one selected from Li6PS5CI, Li6PS5Br and Li6PS5I, and a density of the argyrodite-type solid electrolyte is 1.5 g/cc to 2.0 g/cc.
However, Koga teaches all of the elements of claim 14 that are not found in Shimizu. Specifically, Koga teaches:
The all-solid secondary battery of claim 12, wherein the sulfide-based solid electrolyte is an argyrodite-type solid electrolyte comprising at least one selected from Li6PS5CI, Li6PS5Br and Li6PS5I, and a density of the argyrodite-type solid electrolyte is 1.5 g/cc to 2.0 g/cc. (“the first solid electrolyte material may contain an argyrodite sulfide. Koga [0050] and “Examples of the composition of the argyrodite sulfide represented by composition formula. LiαPSβCly include Li6PS5Cl ” Koga [0052]. Since density is an inherent property, if the exact material of Koga was used, an argyrodite-type solid electrolyte containing Li6PS5Cl, the density would be the same as in the claimed limitation. See MPEP 2112.01 II.)
It would be obvious to use the sulfide solid electrolyte material of Koga as it would be a simple substitution of solid electrolyte material with that of Shimizu, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20190252728 A1) in view of Chae (US 20210218016 A1).
Regarding claim 19, Shimizu is silent on the following elements:
The all-solid secondary battery of claim 1, further comprising a second negative active material layer between the negative electrode current collector and the first negative active material layer and/or between the plurality of solid electrolyte layers and the first negative active material layer, wherein the second negative active material layer is a metal layer comprising lithium and/or a lithium alloy, and the second negative active material layer is a plated layer.
However, Chae teaches all of the elements of claim 19 that are not found in Shimizu:
The all-solid secondary battery of claim 1, further comprising a second negative active material layer between the negative electrode current collector and the first negative active material layer and/or between the plurality of solid electrolyte layers and the first negative active material layer, (“One aspect of the present invention provides a negative electrode for a lithium secondary battery including: a first negative electrode active material layer formed on a negative electrode current collector and including a first negative electrode active material; a lithium metal layer formed on the first negative electrode active material layer and including lithium metal; and a second negative electrode active material layer formed on the lithium metal layer and including a second negative electrode active material.” Chae [0014])
wherein the second negative active material layer is a metal layer comprising lithium and/or a lithium alloy, and the second negative active material layer is a plated layer. , (“One aspect of the present invention provides a negative electrode for a lithium secondary battery including: a first negative electrode active material layer formed on a negative electrode current collector and including a first negative electrode active material; a lithium metal layer formed on the first negative electrode active material layer and including lithium metal;” Chae [0014] …In the instant specification paragraph 00119, the second negative active material is described to be a plated material and is also stated to be “a metal foil having a thickness in the foregoing ranges.” Therefore, absent any further specification, the lithium metal layer of Chae would meet the limitation of a plated layer of lithium or lithium alloyable metal due to also being a lithium metal foil. “The lithium metal layer may consist of lithium metal powder or a lithium metal foil.” Chae [0040]))
Chae and Shimizu are considered to be analogous because they are both within the same field of lithium secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the lithium secondary battery of Shimizu to include a second negative electrode active material layer, as taught by Chae, in order to consume additional lithium metal in pre-lithiation (due to the presence of a lithium metal layer) in order to secure the initial reversibility of the negative electrode and improve electrochemical performance (Chae [0021]). This would be desirable in a negative electrode because it would improve overall battery characteristics in a way that is simple and known in the art.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20190252728 A1) in view of Kim (US 20150318518 A1)
Regarding claim 20, Shimizu is silent on the following elements:
An all-solid secondary battery structure comprising: an all-solid secondary battery according to claim 1; and a conductive flame retardant inactive member on a side or opposite sides of the all-solid secondary battery. (Figure 1 of Shimizu represents an all solid secondary battery structure which is analogous to figure 6 of the instant application.
However, Kim teaches all of the elements of claim 20 that are not found in Shimizu. Specifically, Kim teaches:
[the secondary battery of claim 1] and a conductive flame retardant inactive member on a side or opposite sides of the all-solid secondary battery. (“The safety member may be provided in the form of a layer or block inside the double pouch for a secondary battery” Kim [0014], “a substrate of the pouch, excluding the safety member, is used for a secondary battery, and is not particularly limited so long as it stably protects the safety member while not inducing chemical actions. Preferable examples thereof include polyethylene, polypropylene, and polyurethane, and more preferably, aluminum is provided therein.” Kim [0015], and “Accordingly, when the inside of the battery according to the present invention reaches a high temperature of 80° C. or more due to abnormal operation of the battery, the flame-retardant resin of the safety member 3 around the electrode assembly 1 melts and thus flows therein, or fires may be prevented from spreading to the outside due to the flame-retardant resin, thereby preventing ignition of the electrode assembly 1.” Kim [0040]. The invention of Kim teaches a pouch which surrounds a battery with a conductive flame retardant member, conductive due to the presence of aluminum and flame retardant due to the presence of flame retardant resin)
Shimizu and Kim are considered to be analogous because they are both related to implementing flame retardant measures into secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the secondary battery of Tomoyuki to include the flame-retardant containing pouch of Kim in order to reduce fire risk caused by ignition of the electrode assembly (Kim 0040). This would be desirable in a secondary battery as it would provide increased safety measures related to fire and overheating of the battery or its surroundings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN ELI KASS-MULLET whose telephone number is (571)272-0156. The examiner can normally be reached Monday-Friday 8:30am-6pm except for the first Friday of bi-week.
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/BENJAMIN ELI KASS-MULLET/Examiner, Art Unit 1752
/OLATUNJI A GODO/Primary Examiner, Art Unit 1752
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