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 .
Election/Restrictions
Claims 6-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/13/2026.
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.
Claim 5 is 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. Instant claim recites “a length of a part of the sleeve shape of the insulating part” which is indefinite. The instant specification establishes the material of the insulating sleeve is the same as the solid electrolyte [Instant: 0079] so it is unclear if the boundary lines for the length and ratio are arbitrary or if they have discrete boundaries, and what physically limiting scope features are associated with each. The “a length” is indefinite because the scope of “the insulating part” is indistinguishable in material from portions that surround it.
Claim 14 is 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. Instant claim recites a thickness relationship between the sleeve shape of the insulating part compared to the thickness of the solid electrolyte layer, however these features are made of the same material and the determination between “solid electrolyte layer” and “solid electrolyte layer insulating part” is indefinite. Additionally, claim 14 recites “(Ts)” and “(T3)”, but fails to define the numerical boundaries of these thicknesses. For the purposes of examination, these features will not have specific numerical limitations.
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.
Claim(s) 1-5, 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eiichi (WO 2020/137256).
Claim 1: Eiichi teaches a solid electrolyte battery having a positive electrode terminal and negative electrode terminal connected in parallel [Abstract]. Prior art teaches a solid battery with a plurality of cells (30) comprising a positive current collector (11), positive electrode layer (12), negative current collector (13), negative electrode layer (14) and a solid electrolyte (15) that are electrically connected to positive electrode terminals (16) and negative electrode terminals (17) [Embodiment 1; Modified Fig 1(a)]. The solid electrolyte layer has two portions, one at an innermost portion between the positive and negative electrode layers whereby the layers are ionically connected and electrically insulated, and at a boundary portion outside the central portion; the delineation of central electrolyte layer and boundary insulating part is capable of being interpreted to read on the instant claim scope as presented. It is noted that the instant claim features of (1) and (2) include the active material and current collector of the electrode; the prior art teaches the same shape configuration of the insulating material of the electrolyte in the boundary region whereby applicant’s “sleeve shape” is met.
Note: Instant specification [0079] recites, “the insulating part is preferably formed of the above described “solid electrolyte”…” – the prior art teaching solid electrolyte material to exist in the regions as that of the instant claim are suitable to read on the claim scope presented.
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Claim 2: Eiichi teaches an insulating part of the solid electrolyte to sandwich the active material part from above and below in the laminate direction in a sectional view of the boundary region [Modified Fig 1a].
Claim 3: Eiichi teaches the positive electrode layer to be electrically connected to the electrode terminal in the boundary region [Modified Fig 1(a)]; it is noted the current collector and active material are utilized to read on the positive electrode layer of the instant claim.
Claim 4: Eiichi teaches the positive electrode layer to be 5µm to 300µm, negative electrode layer to be 5µm to 300µm [specific configuration of the laminated battery]. The instant scope lays weight toa ratio of the length of a part in the sleeve shape of the insulating part to a thickness of the at least one electrode layer to be 0.05% to 10%; the prior art meets this limitation because the boundary of what is “solid electrolyte layer” and what is “solid electrolyte layer insulating part” is arbitrary and can therefore be drawn such the instant claim limitation is met.
Claim 5: Eiichi teaches at least one flush part of the sleeve shape of the insulating portion of the solid electrolyte at the boundary and at least one electrode layer [Fig 1(a)].
Claim 10: Eiichi teaches the positive electrode active material to comprise metal ions of lithium and magnesium and capable of occluding and releasing lithium ions [Specific configuration of laminated battery].
Claim 11-12: Eiichi teaches an insulating portion of the electrolyte to be in the boundary region. Modified Fig 1(a) shows a first insulating part relative to the positive electrode and a second insulating part relative the negative electrode in an overlapping view of the laminate direction; opposite sides of assembly towards the negative electrode terminal are also capable of being interpreted as the first and second insulating parts [Modified Fig 1(a)].
Claim 13: Eiichi teaches the positive electrode layer to be 5µm to 300µm, negative electrode layer to be 5µm to 300µm [specific configuration of the laminated battery]. The instant scope lays weight to a length of an overlap that is 10µm to 200µm in a direction in which the positive electrode terminal and negative electrode terminal face each other; the prior art meets this limitation because the boundary of what is “solid electrolyte layer” and what is “solid electrolyte layer insulating part” is arbitrary and can therefore be drawn such the instant claim limitation is met.
Claim 14: Eiichi teaches the positive electrode layer to be 5µm to 300µm, negative electrode layer to be 5µm to 300µm [specific configuration of the laminated battery]. The instant scope lays weight to a thickness of the sleeve shape of the insulating part to be 1%-50% with respect to a thickness of the solid electrolyte layer; the prior art meets this limitation because the boundary of what is “solid electrolyte layer” and what is “solid electrolyte layer insulating part” is arbitrary and can therefore be drawn such the instant claim limitation is met.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J YANCHUK whose telephone number is (571)270-7343. The examiner can normally be reached M-Th 10a-8p.
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/STEPHEN J YANCHUK/ Primary Examiner, Art Unit 1752
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