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 .
Claim 1-12 are pending and considered in the present Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 9 appears to be related to the features of instant Fig. 6; the claim requires a terminal (e.g., 131’) to extends on the 6th surface and portions thereof extend on the 1st, 3rd, and 4th surfaces, while the other terminals (132’) extends on the 6th surface and portions thereof extend on the 2nd, 3rd, and 4th surfaces. The features recited in claim 9 makes physical sense when the 1st and 2nd surfaces (S1 and S2) are opposed in the Y-direction and the terminals (131’ and 132’) are opposite/opposed in the Y direction. However, the specification and claims (claims 1, 9) do NOT define the 1st and 2nd surfaces as opposing in the Y-direction. Rather, claim 1 recites the 3rd and 4th surfaces as opposing in the Y-direction (second direction), and the terminals are opposed in the Y-direction (second direction). Thus, the features of claim 9 are inconsistent with the established surfaces and directions of claim 1. Claim 9 is interpreted to be consistent with the defined surfaces and directions of claim 1. That is, the 3rd and 4th surfaces are opposite to each other in the second direction (Y-direction) and the terminals are opposite each other in the second direction (Y-direction), such that the cathode terminal is disposed on the sixth surface of the battery body, and a remaining part of the cathode terminal is disposed to extend onto the first, second and forth surfaces of the battery body, and a part of the anode terminal is disposed on the sixth surface of the battery body, and a remaining part of the anode terminal is disposed to extend onto the first, second, third surfaces of the battery body. Claim 12 (understood as instant Fig. 9) has the same issues. Claim 12 is interpreted such that the cathode terminal is disposed on sixth surface and a remaining part of the cathode terminal is disposed to extend onto the first, second and forth surface, and a part of the anode terminal is disposed on the fifth surface and a remaining part of the anode terminal is disposed to extend onto the first, second, and third surfaces.
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) 1-2, 5-6, 8, and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito (JP 2002352850), hereinafter Ito II.
Regarding Claim 1, Ito II suggests an all solid state battery comprising: a battery body including first and second surfaces (labelled 1st and 2nd in annotated Fig. 4) opposing each other in a first direction of the battery body (i.e., 1st D, see annotated Fig. 4), third and fourth surfaces (labelled 3rd and 4th in annotated Fig. 4) opposing each other in a second direction of the battery body (i.e., 2nd D, see annotated Fig. 4), and fifth and sixth surfaces (labelled 5th and 6th) opposing each other in a third direction of the battery body (i.e., 3rd D, see annotated Fig. 4), a solid electrolyte layer (e.g., F2, [0019]), and a cathode layer (e.g., F1, [0017]) and an anode layer (e.g., F3, [0021]) stacked in the third direction (i.e., 3rd D, see Fig. 4) with the solid electrolyte layer therebetween (see figures), a cathode penetration electrode (A) penetrating in the battery body and connecting the cathode layer (F1), and an anode penetration electrode (H) penetrating in the battery body and connecting the anode layer (F3) and opposing the cathode penetration electrode in the second direction (2nd D, see annotated Fig. 4); a cathode terminal connected to the cathode penetration electrode (i.e., tip of A above layer D, see plan view of Fig. 4); and an anode terminal (i.e., tip of H above layer D, see plan view of Fig. 4) connected to the anode penetration electrode,
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The examples and figures of Ito II suggest the electrolyte layer (F2) has a length in the second direction equal to that of layer D (see e.g., Fig. 4); considering the sides of layer D is 3 cm ([0026]), the length of the electrolyte layer (F2) in the second direction is also 3 cm. Further, Ito II suggests the size of the cathode layer is a 2.5 cm square ([0026]), thereby suggesting the length in the second direction of the cathode layer is 2.5 cm. Thus, Ito suggests a length between the edge of the cathode layer to the third surface is 0.5 cm (i.e., 3 mm – 2.5 mm = 0.5 mm). In view of the foregoing, an average margin of the cathode layer from an edge of the cathode layer to the third surface in the second direction is within a range of 15% or more and 30% or less of an average width of the battery body in the second direction (0.5 mm/3 mm * 100% = 17%).
Regarding Claim 2, Ito II suggests the electrolyte layer (F2) has a length in the second direction equal to that of layer D (see e.g., Fig. 4); considering the sides of layer D is 3 cm ([0026]), the length of the electrolyte layer (F2) in the second direction is also 3 cm. Further, Ito II suggests the size of the anode layer is a 2.5 cm square ([0030]), thereby suggesting the length in the second direction of the anode layer is 2.5 cm. Thus, Ito suggests a length between the edge of the anode layer to the forth surface is 0.5 cm (i.e., 3 mm – 2.5 mm = 0.5 mm). In view of the foregoing, an average margin of the anode layer from an edge of the anode layer to the forth surface in the second direction is within a range of 15% or more and 30% or less of an average width of the battery body in the second direction (0.5 mm/3 mm * 100% = 17%).
Regarding Claim 5, Ito II suggests the cathode layer includes a cathode active material (F1) and a conductive material (B), and the anode layer includes an anode active material (F3) and the conductive material (C).
Regarding Claim 6, Ito II suggests each of the cathode penetration electrode and the anode penetration electrode is disposed to penetrate the sixth surface of the battery body, see annotated Fig. 4.
Regarding Claim 8, Ito II suggests the cathode terminal is disposed on the sixth surface of the battery body, and the anode terminal is disposed on the sixth surface of the battery body to be spaced apart from the cathode terminal in the second direction (see e.g., Fig. 4).
Regarding Claim 10, Ito II suggests the cathode penetration electrode is disposed in contact with an end of the cathode layer in the second direction, and the anode penetration electrode is disposed in contact with an end of the anode layer in the second direction (Fig. 4).
Regarding Claim 11, Ito II suggests the anode penetration electrode is disposed to penetrate the sixth surface of the battery body, and the cathode penetration electrode is disposed to penetrate the fifth surface of the battery body (see Fig. 4).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito II in view of Ito et al. (US 2004/0185336), hereinafter Ito.
Regarding Claims 3-4, Ito II does not show the plan view overlay of the electrolyte layer with respect to the anode and cathode layers. Thus, the average margin recitation with respect to the first surface (or the second surface) in the first direction is not explicitly clear. However, it is well known and understood the function of the electrolyte is to electronically isolate the electrodes, thereby allowing charging/discharging and preventing shorts, see e.g., [0019, 0032] Ito II and [0043] in Ito. Ito shows the plan view of a stacked all solid battery, see e.g., Fig. 2. It is clear from Fig. 2 the electrolyte (14) length (L2) is sized to cover and extend past each of the electrodes (i.e., 12/13 (see length L4), 15/16 (see length L3) in the 1st direction (width) and 2nd direction (length). The electrolyte extends past the two electrode edges along the width direction by the same amount; in other words, the distance from an edge of the cathode to the 2nd surface or 1st surface (edge of the electrolyte along the width direction) is (L2-L3)/2. In view of Ito, Ito II would be motivated to place the electrolyte on top of the electrodes with an equal extension of the electrolyte layer past each edge of the electrode in the first direction to electronically isolate of the electrodes allowing charging/discharging and to prevent shorts. Ito II suggests the size of the cathode layer in the width direction is 2.5 mm and the size of the electrolyte is 3 mm. Since the electrolyte extends past each edge of the cathode by the same distance along the 1st direction, the length from the edge of the cathode layer to the 1st surface in the first direction is 0.25 mm (i.e., 3 mm – 2.5 mm = 0.5 mm/2 = 0.25 mm), and the length from the edge of the cathode layer to the 2nd surface in the first direction is 0.25 mm. Thus, Ito II, as modified by Ito, suggests an average margin of the cathode layer from an edge of the cathode layer to the first surface or the second surface in the first direction is within a range of 5% or more and 10% or less of an average length of the battery body in the first direction (i.e., 0.25 mm/3 mm *100% = 8%). As detailed in the rejection of claim 2, the size of the anode layer is the same as the cathode layer (2.5 cm); the application of the same calculation for the anode layer suggests an average margin of the anode layer from an edge of the anode layer to the first surface or the second surface in the first direction is within a range of 5% or more and 10% or less of an average length of the battery body in the first direction (i.e., 0.25 mm/3 mm *100% = 8%).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito II in view of Lee et al. (US 2015/0021080), hereinafter Ito II and Lee.
Regarding Claim 7, Ito II does not suggest a height of the cathode penetration electrode in the third direction (thickness) and a height of the anode penetration electrode in the third direction (thickness) are different from each other. However, Lee suggests an electronic component 10 comprising penetration electrodes (21a, 22a) leading to the external surface terminals (31, 32) located on at least one main surface of the component, thereby allowing the flow of current from the electrodes (21, 22) to a circuit board, hence the use of the current from the component. The length of one penetration electrode (e.g., 21a) to the surface of the component is different from another penetration electrode (e.g., 22a), thereby shortening the current path, hence decreasing inductance. It would be obvious to one having ordinary skill in the art the heights of the penetration electrodes (A, H) differ (e.g., height of H extends from the internal electrode F3 to the top surface of the battery, and length of A extends from both internal electrodes F1, F1 to the top surface of the battery) from the standpoint of shortening the current path, hence an expectation of reduced inductance.
Claim(s) 1-6, 8, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al. (US 2004/0185336) in view of Sato (JP2016001602), hereinafter Ito and Sato.
Please note that Ito details the battery parts using the terms “first electrode” and “second electrode”. Either electrode may be a positive or a negative electrode (see e.g., [0047, 0066, 0072, 0076, 0084] and Figs. 1-4, where the “first electrode” is the positive electrode ([0066, 0084]) or the negative electrode ([0032, 0039]), and the “second electrode” is the positive electrode ([0047]) or the negative electrode ([0076, 0094]).
The Figs. 1 and 2 have been annotated to help show the claimed features.
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Regarding Claim 1, Ito suggests an all solid state battery (Figs. 1-4) comprising: a battery body including first and second surfaces (labelled 1st and 2nd in annotated Fig. 2) opposing each other in a first direction (i.e., 1st D, width, see annotated Fig. 2) of the battery body, third and fourth surfaces (labelled 3rd and 4th in annotated Fig. 2) opposing each other in a second direction (i.e., 2nd D, length, see annotated Fig. 2) of the battery body, and fifth and sixth surfaces opposing each other in a third direction (i.e., 3rd D, thickness, see annotated Fig. 2; in the plan view (Fig. 2), only a 6th surface is visible, with the 5th surface at the bottom of the stack; both surfaces are best seen in annotated Fig. 1) of the battery body, a solid electrolyte layer (e.g., 14, 24), and a cathode layer (e.g., 15, 16, Fig. 2, [0029, 0032, 0039, 0061, 0066, 0072, Example 1, etc.]) and an anode layer (e.g., 12, 13) stacked in the third direction (i.e., thickness, see Fig. 1) with the solid electrolyte layer therebetween (see figures), a cathode electrode (18b at the 4th surface) in the battery body connecting to the cathode layer (15,16), and an anode electrode (18a at the 3rd surface) in the battery body and connecting to the anode layer (12, 13) and opposing the cathode electrode in the second direction (length, see Fig. 1 and 2); a cathode terminal (i.e., portion of 18b on 11a, 11b) connected to the cathode electrode (18b); and an anode terminal (i.e., portion of 18a on 11a, 11b) connected to the anode electrode (i.e., 18a), wherein an average margin of the cathode layer from an edge of the cathode layer to the third surface in the second direction (length) is within a range of 15% or more and 30% or less of an average width of the battery body in the second direction (i.e., electrolyte length, L7 ([0091]) = 25 mm and represents a width of the battery body in the second direction, cathode length, L6 ([0047]) = 20 mm in the second direction (see examples); thus, 20 mm – 25 mm = 5 mm represents the length the cathode edge to the third surface in the second direction, thereby giving a margin in the second direction = 5/25 * 100% = 20%, which is within the claimed range (see MPEP 2144.05, I.)).
Ito does not show the cathode and anode electrodes (e.g., 18a, 18b) are penetrating the battery body, hence does not suggest a cathode penetrating electrode and an anode penetrating electrode. However, Sato shows the cathode electrode and anode electrode (i.e., first and second internal electrodes 21, 23) are covered with a protective layer 29 which serves to provide electrical, physical and chemical protection, thereby improving the reliability of the battery 10, see e.g., [0031]. It would be obvious to one having ordinary skill in the art to include a protective layer on each of the cathode electrode and anode electrode of Ito, thereby forming a cathode penetrating electrode and an anode penetrating electrode with the expectation of achieving improved reliability of the battery provided the protective layer serves to provide electrical, physical and chemical protection, as suggested by Sato.
Regarding Claim 2, Ito suggests an average margin of the anode layer from an edge of the anode layer to the fourth surface in the second direction (length) is within a range of 15% or more and 30% or less of the average width of the battery body in the second direction (i.e., the examples of Ito describe the electrolyte length (25 mm), hence width of the battery body, and an anode length (e.g., 20 mm); thus, the length from the edge of the anode layer to the 4th surface is 5 mm (i.e., 20-25), thereby suggesting a margin in the length direction of 5/25 * 100% = 20%, which overlaps with that claimed, see MPEP 2144.05).
Regarding Claim 3, Ito suggests an average margin of the cathode layer from an edge of the cathode layer to the first surface or the second surface in the first direction (width) is within a range of 5% or more and 10% or less of an average length of the battery body in the first direction (e.g., electrolyte width in the 1st D (e.g., L2) is 14 mm, and the cathode width in the 1st D ([0086-87]) = 12 mm (longest extension) with electrolyte on each side in the width direction ; thus, 14-12 = 2 mm/2 = 1mm electrolyte on each side of the cathode in the width direction, where 1mm/14mm* 100% = 7%, which overlaps with the claimed).
Regarding Claim 4, Ito suggests an average margin of the anode layer from an edge of the anode layer to the first surface or the second surface in the first direction (width) is within a range of 5% or more and 10% or less of the average length of the battery body in the second direction (e.g., e.g., electrolyte width, L2 = 14 mm, anode width ([0094-0096]) = 12 mm (longest extension) with electrolyte on each side in the width direction ; thus, 14-12 = 2 mm/2 = 1mm electrolyte on each side of the anode in the width direction, where 1mm/14mm* 100% = 7%).
Regarding Claim 5, Ito suggests the cathode layer includes a cathode active material (e.g., lithium cobalt oxide, [0047]) and a conductive material (e.g., current collector, [0036, 0051]), and the anode layer includes an anode active material (e.g., [0039]) and the conductive material ([0036, 0051]).
Regarding Claims 6 and 11, Ito was modified by Sato to suggests the cathode penetration electrode and the anode penetration electrode (see rejection of claim 1); thus, Ito, as modified by Sato, suggests each of the cathode penetration electrode and the anode penetration electrode is disposed to penetrate the sixth surface of the battery body, and the anode penetration electrode is disposed to penetrate the sixth surface of the battery body, and the cathode penetration electrode is disposed to penetrate the fifth surface of the battery body.
Regarding Claim 8, Ito suggests the cathode terminal (e.g., portion of 18b on 11a) is disposed on the sixth surface (see annotated Fig. 1) of the battery body, and the anode terminal (e.g. portion of 18a on 11a) is disposed on the sixth surface (see annotated Fig. 1) of the battery body to be spaced apart from the cathode terminal in the second direction (2nd D, length, see Fig. 1).
Regarding Claim 10, Ito suggests the cathode penetration electrode (as suggested by Sato) is disposed in contact with an end of the cathode layer in the second direction (length), and the anode penetration electrode is disposed in contact with an end of the anode layer in the second direction.
Claim(s) 1, 8-9, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al. (US 2004/0185336) in view of Sakaguchi et al. (JP 2009177054), hereinafter Ito and Sakaguchi.
Regarding Claim 1, Ito suggests an all solid state battery (Figs. 1-4) comprising: a battery body including first and second surfaces (labelled 1st and 2nd in annotated Fig. 2) opposing each other in a first direction (i.e., 1st D, width, see annotated Fig. 2) of the battery body, third and fourth surfaces (labelled 3rd and 4th in annotated Fig. 2) opposing each other in a second direction (i.e., 2nd D, length, see annotated Fig. 2) of the battery body, and fifth and sixth surfaces opposing each other in a third direction (i.e., 3rd D, thickness, see annotated Fig. 2; in the plan view (Fig. 2), only a 6th surface is visible, with the 5th surface at the bottom of the stack; both surfaces are best seen in annotated Fig. 1) of the battery body, a solid electrolyte layer (e.g., 14, 24), and a cathode layer (e.g., 15, 16, Fig. 2, [0029, 0032, 0039, 0061, 0066, 0072, Example 1, etc.]) and an anode layer (e.g., 12, 13) stacked in the third direction (i.e., thickness, see Fig. 1) with the solid electrolyte layer therebetween (see figures), a cathode electrode (18b at the 4th surface) in the battery body connecting to the cathode layer (15,16), and an anode electrode (18a at the 3rd surface) in the battery body and connecting to the anode layer (12, 13) and opposing the cathode electrode in the second direction (length, see Fig. 1 and 2); a cathode terminal (i.e., portion of 18b on 11a, 11b) connected to the cathode electrode (18b); and an anode terminal (i.e., portion of 18a on 11a, 11b) connected to the anode electrode (i.e., 18a), wherein an average margin of the cathode layer from an edge of the cathode layer to the third surface in the second direction (length) is within a range of 15% or more and 30% or less of an average width of the battery body in the second direction (i.e., electrolyte length, L7 ([0091]) = 25 mm and represents a width of the battery body in the second direction, cathode length, L6 ([0047]) = 20 mm in the second direction (see examples); thus, 20 mm – 25 mm = 5 mm represents the length the cathode edge to the third surface in the second direction, thereby giving a margin in the second direction = 5/25 * 100% = 20%, which is within the claimed range (see MPEP 2144.05, I.)).
Regarding Claims 1, 8-9 and 11-12, Ito does not show the cathode and anode electrodes (e.g., 18a, 18b) as a cathode penetration electrode and an anode penetration electrode penetrating the battery body, or how terminals are associated with the penetration electrodes. Ito shows the placement of the terminals at the 5th and 6th surfaces of the battery body, does not exility shows the location thereof on other surfaces (1st, 2nd, 3rd, etc.) of the battery body. However, the aforementioned features would be obvious in view of Sakaguchi.
Relevent to claim 1, Sakaguchi shows a multilayer ceramic electronic component that utilizes internal penetration electrodes and external terminals that enable good electrical properties and suppress a decrease in connection reliability, see abstract; specifically, each of the electrode layers (50) connect to respective external terminals (54) via respective penetration electrodes (51), see e.g., Fig. 2. Relevant to claim 8, each external terminal (e.g., 54 on the left, and 54 on right in Fig. 1) is disposed on the sixth surface (e.g., top) of the body 53 and spaced apart from each other in the second direction, see also Fig. 2. Relevant to claim 9, each external terminal (e.g., 54 on the left, and 54 on right in Fig. 1) is disposed on the sixth surface (top) of the body 53, a remaining part of one of the terminals (e.g., 54 on left) is disposed to extend onto the first, second and fourth surfaces of the body, and a remaining part of the other terminal (54 on the right) is disposed to extend onto the first, second, and third surfaces of the body (see Fig. 2, see 112 rejection for the claim interpretation). Relevant to claim 11, Sakaguchi shows one penetration electrode (54) is disposed to penetrate the sixth surface (top) of the body, and the other penetration electrode is disposed to penetrate the fifth surface (bottom) of the body, see e.g., Fig. 1. Relevant to claim 12, one of the external terminals (e.g., 54 on left) is disposed on the sixth surface of the battery body, and a remaining part of this terminal is disposed to extend onto the first, second and fourth surfaces of the body, while a part of the other external terminals (e.g., 54 on right) is disposed on the fifth surface (e.g., bottom) of the body, and a remaining part of this terminal is disposed to extend onto the first, second, and third surfaces of the body (see Fig. 2, see claim interpretation in under the 112 rejection). It would be obvious to one having ordinary skill in the art to utilize a cathode penetrating electrode and an anode penetrating electrode with the external terminals suggested by Sakaguchi with the expectation of electrically connecting the cathode layers and the anode layers, respectively, to the cathode and anode terminals and because there is an expectation of achieving good electrical properties with the use of such internal and external terminals, as suggested by Sakaguchi.
Conclusion
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/ANNA KOROVINA/Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729