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 .
Response to Amendment
Amendments filed on December 5, 2025 in response to the Non-Final Office Action mailed on September 15, 2025 have been received and entered. Claim 1 has been amended. Claims 1-10 are pending in this application
Response to Arguments
Claim 1 rejection under 35 U.S.C. 103 as being unpatentable over Kawamoto et al. (US 20110162198 A1) in view of Kitsunai, S. (JP 2015153647 A, see machine translation for citation).
Applicant argues (see page 6) that Kawamoto and Kitsunai fail to teach the recited method. It is argued that Kawamoto teaches a fundamentally different process from the claimed method, where its single solid electrolyte layer is not divided into two separately prepared and pressurized membranes. Rather, Kawamoto teaches fabricating a single solid electrolyte layer in step S1, which is then used in the stack fabrication in step S2.
Kitsunai does not cure the deficiencies in Kawamoto, as Kitsunai also fails to disclose the above-identified features of claim 1. Kitsunai merely discloses applying pressure to a first solid electrolyte layer in contact with a first electrode layer (S12) and then applying pressure to a second solid electrolyte layer in contact with the first solid electrolyte layer (S13), but Kitsunai fails to teach or suggest the specific three-step process as set forth in claim 1, wherein a second solid electrolyte membrane is independently pressurized separate from any electrode layer prior to final assembly.
Applicant’s arguments, see page 6, filed on December 5, 2025, with respect to claim 1 rejection have been fully considered and are persuasive. The 35 U.S.C. 103 of claim 1 has been withdrawn.
Because of the direct or indirect dependency of claims 2-10 on claim 1, the 35 U.S.C. 103 rejections applied to these claims have been withdrawn.
Upon further consideration, a new ground of rejection is made in view of Kosaka et al. (US 20160380301 A1) and Sakuda et al. (Sulfide solid electrolyte with favorable mechanical property for all-solid-state lithium battery, see NPL documents for citation).
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 non-obviousness.
Claims 1 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20160380301 A1) in view of Sakuda et al. (Sulfide solid electrolyte with favorable mechanical property for all-solid-state lithium battery, see NPL documents for citation).
Regarding claim 1, Kosaka teaches an all-solid battery having stacked configuration, comprising a positive electrode laminate, an intermediate solid electrolyte layer, and a negative electrode laminate, manufactured by a first pressing step (i) of applying pressure to the positive electrode laminate, a second pressing step (ii) of applying pressure to the negative electrode laminate and a third pressing step (iii) of applying pressure to the stacked configuration [Abstract]. Regarding the first and second pressing steps (i and ii) a positive electrode laminate is made by pressing a positive electrode with a first solid electrolyte layer and a negative electrode laminate is made by pressing a negative electrode with a second solid electrolyte layer [0083, 0084 and Fig. 1]. It is further taught that in the method of the present invention, at least one of the first solid electrolyte layer and the second solid electrolyte layer is present [0083]. From this last description, in the case where only the first solid electrolyte layer is present, the claimed first pressurization step is met.
Kosaka teaches its intermediate solid electrolyte layer (second solid electrolyte) is prepared on a step (S7), which is not particularly limited, before the all-solid battery production step (S8) and it is in a non-compressed state [0072, 0073, 0098 and Fig. 1]. In step (S8) the positive electrode laminate, the intermediate solid electrolyte layer, and the negative electrode laminate are stacked and pressed (0-200 MPa) to produce the all-solid battery [0074-0076, 0109 and Fig. 1].
Kosaka does not teach the limitations of the “second and third pressurization steps”.
Sakuda investigates the mechanical properties of sulfide solid electrolytes as a critical component of all solid state batteries, such as their densification under high pressure and Young’s modulus. [p. 1; par. 1 and 5]. It was found that sulfide solid electrolytes density exceeds 80% when they are compressed over 300 MPa, which reach conductivities of 10-4 S cm-1 [p. 2; par. 1 and 2, Fig. 2a and 4].
Kosaka is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a solid-state battery, comprising a first pressurization step of stacking a positive electrode and a first solid electrolyte membrane and pressurizing the resultant structure to obtain a positive electrode member. Sakuda is analogous art to the current invention because it is concerned with the same field of endeavor, namely solid state electrolyte pressurization studies for all solid state batteries applications. Furthermore it is focused on sulfide solid electrolytes which is part of the scope of the present invention.
If the intermediate solid electrolyte layer (second solid electrolyte) preparation step (S7) is modified to employ the pressurization range taught by Sakuda, the limitation “second pressurization step of providing a second solid electrolyte membrane and pressurizing the second solid electrolyte membrane alone” would be met. In consequence, the step (S8) taught by Kosaka above would meet the third pressurization step limitations.
It would have been prima facie obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the intermediate solid electrolyte layer (second solid electrolyte) preparation step (S7) of Kosaka employing the pressurization range taught by Sakuda, because with such pressurization range the claimed second and third pressurization steps are met and Sakuda teaches that sulfide solid electrolytes density exceeds 80% and reach conductivities of 10-4 S cm-1.
Regarding claim 3, Kosaka and Sakuda teach all the elements of the current invention in claim 1. Kosaka further teaches that its first pressing step (i), where a positive electrode laminate is made by pressing a positive electrode with a first solid electrolyte layer, includes a pressure of 600 MPa or more [0068, 0083 and 0084].
The Office realizes that all of the claimed effects or physical properties are not positively stated by Kosaka and Sakuda. However, Kosaka and Sakuda teach a method with substantially similar process of making. According to the original specification, the first pressurization step may be performed about 300-600 MPa [p. 11; line 18-22]. As a result of such pressing range, each of the positive electrode and the first solid electrolyte membrane obtained after the first pressurization step preferably maintains a porosity of 45-60 vol%. However, the pressure or time in the first pressurization step is not limited to a particular range but may be controlled suitably considering the thickness of the positive electrode and/or the thickness of the solid electrolyte membrane, a desired level of porosity, or the like [p. 12; line 5-9].
From the above teachings, the claimed effects and physical properties, i.e. the claimed first solid electrolyte porosity, would expectedly be achieved by a method with substantially similar process of making and the flexible first pressurization step limitations taught by the original specification. See MPEP § 2112.01. If it is the applicant' s position that this would not be the case: (1) evidence would need to be provided to support the applicant' s position; and (2) it would be the Office' s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, claimed amounts, and substantially similar process of making.
Regarding claim 4, Kosaka and Sakuda teach all the elements of the current invention in claim 1. Kosaka further teaches that its first pressing step (i), where a positive electrode laminate is made by pressing a positive electrode with a first solid electrolyte layer, includes a pressure of 600 MPa or more [0068, 0083 and 0084]. The intermediate solid electrolyte layer (second solid electrolyte) is prepared on a step (S7), which is not particularly limited, before the all-solid battery production step (S8) (third pressurization step) [0072 and 0098]. Because of the previous teaching and the third pressing step (iii) taught to be performed at 0-200 MPa and 125° C or less [0074-0076], it would be possible to select a temperature for the intermediate solid electrolyte layer (second solid electrolyte) preparation which satisfies the claimed range recited on claim 4. From claim 1 discussion the pressure range taught by Sakuda overlaps the claimed pressure range 300-600 MPa.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the pressure range disclosed by Sakuda because overlapping ranges have been held to be a prima facie case of obvious. 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). See MPEP § 2144.05.
Regarding claim 5, Kosaka and Sakuda teach all the elements of the current invention in claim 1. Kosaka further teaches that its first pressing step (i), where a positive electrode laminate is made by pressing a positive electrode with a first solid electrolyte layer, includes a pressure of 600 MPa or more [0068, 0083 and 0084]. From claim 1 discussion and the above first pressing step (i) teaching, the feature “wherein the third pressurization step is carried out under a pressure lower than the pressure applied in each of the first and the second pressurization steps” is met.
Regarding claim 6, Kosaka and Sakuda teach all the elements of the current invention in claim 5. Kosaka teaches that its third pressing step (iii) (S8) is performed between 0-200 MPa [0074-0076].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the third pressing step (iii) range disclosed by Kosaka because overlapping ranges have been held to be a prima facie case of obvious. 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). See MPEP § 2144.05.
Regarding claim 7, Kosaka and Sakuda teach all the elements of the current invention in claim 1. Kosaka further teaches that its negative electrode laminate has a negative electrode active material layer and a negative electrode collector layer in this order (electrode active material layer formed on a surface of the current collector inferred) [0129]. The negative electrode active material is not particularly limited as long as it can store/release ion species, for example, lithium ion, but the negative electrode active material includes a metal, for example, Li, Sn, Si and In [0132].
Regarding claim 8, Kosaka and Sakuda teach all the elements of the current invention in claim 1. Kosaka further teaches that its first solid electrolyte layer and its intermediate solid electrolyte layer (second solid electrolyte) comprise a sulfide-based solid electrolyte [0090].
Regarding claim 9, Kosaka and Sakuda teach all the elements of the current invention in claim 1. Kosaka further teaches that its first pressing step (i), where a positive electrode laminate is made by pressing a positive electrode with a first solid electrolyte layer, includes a pressure of 600 MPa or more [0068, 0083 and 0084]. Is also taught that its negative electrode laminate has a negative electrode active material layer and a negative electrode collector layer in this order (electrode active material layer formed on a surface of the current collector inferred) [0129]. The negative electrode active material is not particularly limited as long as it can store/release ion species, for example, lithium ion, but the negative electrode active material includes a metal, for example, Li, Sn, Si and In [0132]. In addition, it is taught that that its first solid electrolyte layer and its intermediate solid electrolyte layer (second solid electrolyte) comprise a sulfide-based solid electrolyte [0090]. From claim 1 discussion and the above first pressing step (i) teaching, the feature “wherein the third pressurization step is carried out under a pressure lower than the pressure applied in each of the first and the second pressurization steps” is met.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20160380301 A1) in view of Sakuda et al. (Sulfide solid electrolyte with favorable mechanical property for all-solid-state lithium battery, see NPL documents for citation) as applied to claim 1 above, further in view of Suyama et al. (US 20130260023 A1).
Regarding claim 2, Kosaka and Sakuda teach all the elements of the current invention in claim 1, except “wherein the first pressurization step is carried out at a temperature of 15-30°C under a pressure of 300-600 MPa”.
Suyama teaches an electrode body to be used for solid batteries and the like, the electrode body having a pair of electrode layers and an electrolyte layer disposed between the pair of electrode layers [0001]. From steps S11-S12 the formation of a cathode on a base material is taught [0026-0028]. Subsequently on steps S13-14 an electrolyte layer is formed on the surface of the cathode layer [0029-0031]. On step S14 the solvent contained in the electrolyte slurry that has been applied onto the surface of the cathode layer in S13 is removed [0031]. On step S15, the cathode layer and the solid electrolyte layer formed on/above the base material is pressed at 50-400 MPa [0032]. Because in step S14, the solvent comprised by the electrolyte slurry was removed, the pressing step can be reasonably thought that is carried at room temperature, which would met the 15-30°C. Suyama teaches that by pressing the cathode layer and the solid electrolyte layer (under conditions referred above), it is possible to easily improve the adhesion between the base material and the cathode layer and the adhesion between the cathode layer and the solid electrolyte layer [0032].
Suyama is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a solid-state battery, having a first pressurization step of stacking a positive electrode and a first solid electrolyte membrane and pressurizing the resultant structure to obtain a positive electrode member.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first pressurization step of Kosaka and Sakuda to include the feature where it “is carried out at a temperature of 15-30 °C under a pressure of 300-600 MPa”, by selecting the overlapping portion of the pressure range disclosed by Suyama because overlapping ranges have been held to be a prima facie case of obvious. 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). See MPEP § 2144.05. In addition, Suyama teaches that by pressing the cathode layer and the solid electrolyte layer (under conditions referred above), it is possible to easily improve the adhesion between the base material and the cathode layer and the adhesion between the cathode layer and the solid electrolyte layer.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20160380301 A1) in view of Sakuda et al. (Sulfide solid electrolyte with favorable mechanical property for all-solid-state lithium battery, see NPL documents for citation) as applied to claim 1 above, further in view of Yeo et al. (US 20190157648 A1).
Regarding claim 10, Kosaka and Sakuda teach all the elements of the current invention in claim 1, except “wherein edges of the positive electrode are surrounded with a protective member in the first pressurization step so as to prevent damages to the first solid electrolyte membrane”.
Yeo teaches method of manufacturing an all-solid battery, comprising steps of forming a cathode layer, forming an anode layer; forming an electrolyte layer between the cathode layer and the anode layer; and forming an insulation layer using a baroplastic polymer at an edge portion of the battery [0008]. The cathode layer (1) may have a small area compared to the anode layer (2) and the electrolyte layer (3), and the insulation layer (4) (protective member) of the edge portion may be formed on an edge portion of the cathode layer [0023, 0057 and Fig. 3]. It is taught that following the previously presented approach, a short circuit of an edge portion of a battery can be fundamentally prevented from occurring as a result of breaking or stripping of electrodes by pressure during a pressing process at the time of battery fabrication [0027].
Yeo is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a solid-state battery where an electrolyte layer is formed between the cathode layer and the anode layer.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the positive electrode laminate of Kosaka and Sakuda to include the feature “wherein edges of the positive electrode are surrounded with a protective member in the first pressurization step so as to prevent damages to the first solid electrolyte membrane”, because Yeo teaches that teaches that following a similar approach can prevent a short circuit of an edge portion of a battery as a result of breaking or stripping of electrodes by pressure during a pressing process at the time of battery fabrication.
Conclusion
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/G.R./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 03/05/2026