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
The amendment filed April 13, 2026 has been entered and fully considered.
The objection to the Drawings is withdrawn in light of the replacement drawings filed.
The rejection under 35 USC 112b is withdrawn in light of the amendments to claim 1 and the cancelation of claim 4.
The rejection over CHUNG et al. US 2012/0058280 A1 is withdrawn in light of the amendments to independent claim 1.
Claims 1-3, 5-8, 19 and 20 are pending.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5-8, 19-20 are rejected under 35 U.S.C. 102(a1) as being clearly anticipated by ANAPOLSKY et al. (US 2016/0099468 A1).
ANAPOLSKY et al. teaches a method of forming a solid-state lithium battery wherein a first current collector is provided, a first electrode (cathode) is formed using PVD, an electrolyte is formed above the first electrode, a second electrode (anode) is formed above the electrolyte and a second current collected is formed above the second electrode (claim 1). The electrolyte can be deposited using PVD ([0023], [0053], [0069]) in a thickness of between 1.0 and 5.0 mm ([0067]). The second electrode (anode) has a thickness of between 1.0 and 5.0 mm [0058]. The first electrode, the cathode, has a thickness between about 1 and 10 mm ([0056], claim 13) The second electrode comprises lithium (claim 15) and can be heated [0057].
ANAPOLSKY et al. teaches additional layers may be included between the component layers and other process steps may also be performed between formation of the components [0063]. For example, a second electrode can be formed above the electrolyte via PVD and may include lithium metal [0070]. This second electrode meets the current limitations for the contact layer.
Response to Arguments
Applicant's arguments filed April 13, 2026 have been fully considered but they are not persuasive with respect to Anapolsky.
It is noted the rejection under 35 USC 103 over Anapolsky is withdrawn in light of the amendment to independent claim 1 to correct 112 issues and to specifically require the contact layer to contain a lithium alloy. The claimed subjected matter is anticipated by Anapolsky and accordingly rejected under 35 USC 102.
As pointed out above, the additional electrode of Anapolsky, comprises deposited lithium and meets the limitations for the claimed contact layer. Applicant is reminded of MPEP 2112.01 I & II, specifically that chemical compositions are inseparable from their properties. It is the position of the office the lithium the additional electrode layer would function in the same manner as the claimed lithium contact layer and it is not necessary for the prior art to disclose the additional electrode layer is to improve contact between layers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
In US 2020/0343580, YUSHIN et al. teach liquid infiltrated solid state electrolyte and rechargeable batteries comprising one or more solid electrolytes (abstract).
In US 2021/0367241, KUMAR et al. teaches carbonaceous materials for lithium sulfur batteries comprising one or more protective layers and interlayers comprising a tin lithium alloy region (abstract, [0048], [0051]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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BARBARA L GILLIAM
Supervisory Patent Examiner
Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727