DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Applicant’s amendments submitted on 3/13/26 have been received. Claim 1 has been amended.
Continued Examination Under 37 CFR 1.114
3. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/10/26 has been entered.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ueno et al. (US 2021/0036362).
Regarding claim 1, Ueno discloses an anode current collector for an all-solid-state battery(abstract, Figs. 1 & 3), comprising: a current collecting layer(13, Fig. 3, [0046]);
a first coating layer disposed directly on a first surface of the current collecting layer and comprising a metal component capable of forming an alloy with lithium(second intermediate layer 17 formed of a material including at least one or more elements selected from Mg, Zn, Al, Ca, and In, Fig. 3, [0046], [0079]; and a second coating layer disposed on the first coating layer and having less electronic conductivity than the first coating layer(negative electrode active material layer 14 includes at least one metal selected from Ti, Ca, Zr, Si, Al, Mg, Ce, and Nb, oxides of these metals, Fig. 3, [0076]).
Regarding claim 2, Ueno discloses the first coating layer comprises one or more selected from the group consisting of magnesium (Mg), zinc (Zn), aluminum (Al), calcium (Ca), and indium (In) ([0079]).
Regarding claim 3, Ueno discloses the first coating layer has a thickness of 0.1 µm to 10 µm ([0082]) which is within the claim range of about 10 nm to 10 µm, thus reading on the limitation.
According to the MPEP, “"[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) See MPEP 2131.03.
Regarding claim 4, Ueno discloses the second coating layer comprises a metal oxide having lithium-ion conductivity (negative electrode active material layer 14 includes at least one metal selected from Zr and Ce, oxides of these metals, Fig. 3, [0076]).
Regarding claim 5, Ueno discloses the second coating layer comprises one or more selected from the group consisting of titanium dioxide (TiO₂), silicon dioxide (SiO₂), aluminum oxide (Al₂O₃), cerium oxide (CeO₂), magnesium oxide (MgO), calcium oxide (CaO), zirconium oxide (ZrO₂), and niobium oxide (Nb₂O₅) ([0076]).
Regarding claim 7, Ueno discloses an all-solid-state battery (50, Fig. 1, [0036], 10, Fig. 3, [0046]) comprising: the anode current collector of claim 1([0076], [0079]); a solid electrolyte layer disposed on the anode current collector(15, Fig. 3, [0046]); a cathode active material layer disposed on the solid electrolyte layer(12, Fig. 3, [0046]); and a cathode current collector disposed on the cathode active material layer(11, Fig. 3, [0046]), wherein the second coating layer of the anode current collector is in contact with the solid electrolyte layer(second intermediate layer 17, Fig. 3, [0046]).
7. Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ueno et al. (US 2021/0036362) as evidenced by Mori et al. (US 2003/0036000).
Regarding claim 8, Ueno does not explicitly disclose when the all-solid-state battery is charged, lithium ions react with the first coating layer of the anode current collector to form a lithium alloy layer. However, Ueno discloses the first coating layer of the anode current collector is formed of a material including at least one or more elements selected from Al, In, Ca, and Zn ([0079]), in the lithium alloy, the lithium content varies from 10% to 90% depending on the progress of the charge and discharge reaction as evidenced by Mori ([0030], [0036]).
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ueno et al. (US 2021/0036362) as applied to claim 1 above.
Regarding claim 6, Ueno discloses the second coating layer has a thickness of 100 nm to 100,000 nm (0.1 µm to 100 µm [0078]) which overlaps the claim range of about 10 nm to 100 nm, thus reading on the limitation.
Ueno is explicitly silent to the claim range however “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); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
11. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ueno et al. (US 2021/0036362) as applied to claims 1 and 7 above, and further in view of Ku et al. (US 11,450,881).
Regarding claim 9, Ueno does not explicitly disclose a vehicle comprising an all-solid-state battery of claim 7.
Ku teaches an all-solid secondary battery comprising: an anode layer including a first anode active material layer, wherein the first anode active material layer comprises amorphous carbon; a cathode layer including a cathode active material layer; a solid electrolyte layer between the anode layer and the cathode layer; and an anode current collector on the anode layer and opposite the solid electrolyte layer; and a second anode active material layer between the anode current collector and the first anode active material layer, wherein the first anode active material layer includes an anode active material and a binder, wherein the anode active material includes a mixture of first particles including the amorphous carbon and second particles including a metal or metalloid, and the amount of the second particles is about 8 weight percent to about 60 weight percent, with respect to a total weight of the mixture, wherein the second anode active material layer is a metal layer including lithium or a lithium alloy, wherein the solid electrolyte layer comprises a sulfide solid electrolyte (claim 1). Ku teaches the all-solid secondary battery may be applied to various portable devices, vehicles, and the like(Col. 18, lines 25-27).
It would have been obvious to one of ordinary skill in the art to use the battery of Ueno in a vehicle as taught by Ku as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
Response to Arguments
12. Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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