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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/27/2026 has been entered.
Response to Amendment
The amendments filed 4/1/2026 have been entered. Claims 1, 8, and 20 are amended and Claims 2 and 3 are canceled. Examiner notes that Claim 4 does not appear to be amended.
Support for the amendments can be found in paragraph 0041 and Table 1 of the instant specification and original Claims 2 and 3.
Claims 1, 4-6, 8-9, and 11-20 are pending.
Response to Arguments
Applicant’s arguments, see page 7, filed 4/01/2026, with respect to amended Claim 1, specifically the oil adsorption, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Yoshida in view of Liang and Soltex (Acetylene Black - 01). Soltex teaches an acetylene black that is ideal for batteries (Soltex: Description) and that can have an oil absorption number of 187-202 ml/100g (Soltex: AB 100%-01).
Applicant's arguments regarding the improved structural integrity and adhesion when the carbon material layer includes a carbon material having an oil absorption of 68 cm3/100g or more, a binder-to-carbon weight proportion of 2.0-4.67, and the presence of polyvinyl alcohol as a dispersion material in an amount of 1-35 wt% (see page 8 of Applicant’s Remarks) have been fully considered but they are not persuasive:
Specifically, the data provided (Tables 1 and 2) does not have any examples where the binder/carbon material ratio exceeds 4.67.
Additionally, Example 4 has a binder/carbon ratio below the claimed range (0.86) while still having a similar peel strength to Examples 1 and 2, which have binder/carbon ratios of 2. Although the peel strengths of Examples 1 and 2 are still higher than that of Example 4, (0.14 and 0.15 compared to 0.13), it is well known that binders increase adhesiveness: for instance, Liang teaches that increasing the amount of binder in an active material layer increases the binding force of the active material layer (0124). Similarly, one of ordinary skill in the art would understand that increasing the amount of binder in a primer/carbon material layer would increase the binding force/adhesiveness of that layer. Therefore, it would not be unexpected that Examples 1 and 2, which have a binder content of 50%, would have a higher peel strength than Example 4, which has a binder content of 30%.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 4-6, 8-9, 11-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 20150086875 A1, cited in the 7/20/23 IDS) in view of Soltex (Acetylene Black -01) and Liang (US 20210296654 A1).
Regarding Claims 1, 8, 12, and 20, Yoshida teaches an electrode for a solid-state battery (Title) comprising a current collector, adhesive layer (the adhesive layer comprises conductive carbon particles (0030) and can be viewed as a carbon material layer having an adhesive property), and an electrode mixture layer (active material layer) (Abstract). The adhesive layer contacts the current collector and would thus be located between the current collector and the active material/electrode mixture layer (0028). The adhesive layer comprises conductive carbon particles (0030), a binder, and a dispersion material (dispersant) (0052). Yoshida teaches that polyvinyl alcohol is a possible dispersion material (0060).
It would have been obvious to one of ordinary skill in the art to have selected polyvinyl alcohol as the dispersion material as Yoshida teaches it as part of a list of suitable dispersion materials and choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person of ordinary skill in the art (see MPEP 2143 E).
The content of the dispersion material can be 0.1 to 15 parts by weight with respect to 100 parts by weight of the conductive particles (0061) and the binder can be present in an amount from 10 to 150 parts by weight based on 100 parts by weight of the conductive particles (0049). Assuming 100 parts by weight of the binder and 100 parts by weight of the conductive particles, the dispersion material would be present in the adhesive layer (carbon material layer) in an amount of about 0.05% by weight (0.1 parts by weight dispersion material) to about 6.98% by weight (15 parts by weight dispersion material). This range would overlap the claimed range of greater than 1% by weight and less than 35% by weight.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have routinely selected the overlapping portions of the disclosed weight ranges as selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Yoshida teaches that the carbon material can be a carbon black such as acetylene black (0030) but does not disclose the oil absorption of the acetylene black.
Soltex teaches an acetylene black material that is ideal for applications such as batteries (Description). The acetylene black can have an oil absorption number of 187 to 202 mL (cm3)/100g (AB 100%-01) (Claim 12).
Yoshida and Soltex are considered analogous to the claimed invention as they relate to the same field of endeavor, namely carbon materials for batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acetylene black of Yoshida to be the acetylene black of Soltex as the acetylene black of Soltex is suitable for application in batteries. Doing so would provide nothing more than the predictable results of an electrode comprising an acetylene black that is suitable for use in a battery.
Modified Yoshida does not teach that the weight proportion of the binder with respect to the carbon material in the carbon material layer is 2.0 or more and 4.67 and less.
Liang teaches an electrode with a conductive primer layer between the current collector and the active material layer (Abstract). The conductive primer layer comprises a conductive material (which can be a carbon material) and a binder (Abstract, 0108, 0109). The carbon can be present in an amount of 10% to 99% by weight and the binder can be present in an amount of 1% to 90% by weight (0107). This is equivalent to a weight proportion between the binder and carbon material of 0.1 (1% binder, 99% carbon material) to 9 (90% binder, 10% carbon material), which overlaps the claimed ratios of 2.0 or more (Claim 1), 2.4 or more (Claim 20), and 2.8 or more (Claim 8), and 4.67 or less. This ratio is conducive to improving the conductivity of the electrode plate and the binding force between the current collector and the electrode active material layer (0107).
Liang is considered analogous to the claimed invention as it relates to the same field of endeavor, namely electrodes for lithium batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the weight proportion between the binder and carbon material to be that taught by Liang in order to improve the conductivity of the electrode plate and the binding force between the current collector and the electrode active material layer.
It would also have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have routinely selected the overlapping portions of the disclosed weight proportion ranges as selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Regarding Claim 4, modified Yoshida teaches the electrode of Claim 1. The content of the dispersion material can be 0.1 to 15 parts by weight with respect to 100 parts by weight of the conductive particles (Yoshida: 0061). This would be equivalent to a weight proportion of the dispersion material to the carbon material ranging from 0.01 (0.1 parts by weight dispersion material) to 0.15 (15 parts by weight dispersion material). This overlaps the claimed range of 0.05 or more and 1.2 or less.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have routinely selected the overlapping portions of the disclosed weight proportion ranges as selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Regarding Claim 5, modified Yoshida teaches the electrode of Claim 1. The content of the dispersion material can be 0.1 to 15 parts by weight with respect to 100 parts by weight of the conductive particles (Yoshida: 0061) and the binder is present in a weight ratio with the carbon material of 2.0 or more (Liang: 0107; See Claim 1 above). Thus, the binder would be considered the main component.
Regarding Claim 6, modified Yoshida teaches the electrode of Claim 1. The content of the dispersion material can be 0.1 to 15 parts by weight with respect to 100 parts by weight of the conductive particles (0061) and the binder can be present in an amount of at least 200 parts by weight based on 100 parts by weight of the conductive particles (Liang: 0107; See Claim 1 above). Thus, the proportion of the binder in the carbon material layer would be at least 63% (15 parts by weight of the dispersion material, 100 parts by weight of the conductive particles, and 200 parts by weight binder).
Regarding Claim 9, modified Yoshida teaches the electrode of Claim 1. Yoshida teaches that the possible dispersion materials also include cellulose polymers (cellulose derivative) and that two or more dispersion materials can be used together (0060).
It would have been obvious to one of ordinary skill in the art to have also selected a cellulose polymer for the dispersion material as Yoshida teaches it as part of a list of suitable dispersion materials and choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person of ordinary skill in the art (see MPEP 2143 E).
Regarding Claim 11, modified Yoshida teaches the electrode of Claim 1. Yoshida teaches that the binder is a diene polymer (Abstract) rather than an acrylic or methacrylic binder.
However, Yoshida teaches that the electrode can comprise an additional resin component (0052). This resin component is preferably an acrylic polymer and increases the withstand voltage and the energy density of the electrode (0053). Acrylic polymers are known to have binder properties (0064) and can thus be viewed as part of the binder.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive layer of modified Yoshida to further comprise an acrylic polymer as Yoshida teaches it increases the withstand voltage and the energy density of the electrode (0053).
Regarding Claim 13, modified Yoshida teaches the electrode of Claim 1. The conductive particles preferably include carbon black (Yoshida: 0030; Soltex: Title).
Regarding Claim 14, modified Yoshida teaches the electrode of Claim 1. Examiner notes that the amount of binder present on the surface on a current collector side of the carbon material layer is not specified. As such, any amount of binder present on the surface on a current collector side of the carbon material layer would satisfy the limitations of Claim 14.
Yoshida teaches that the adhesive layer is formed by mixing the components in a slurry (0142). This would homogenize the components and would result in at least some binder being present on the surface on a current collector side of the carbon material layer.
Regarding Claim 15, modified Yoshida teaches the electrode of Claim 1. Yoshida teaches that the peel strength between the adhesive layer and the active material layer can be greater than 0.1 N/cm (0137, 0138, Table 1) but it is unclear if this would be the same as the peel strength between the active material layer and the current collector at 80°C.
However, it is deemed that the peel strength between the adhesive layer and the current collector is an inherent characteristic and/or property of the specifically disclosed electrode. In this respect, MPEP 2112 sets forth the following:
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
In this case, the electrode of modified Yoshida comprises an adhesive layer with the same components (carbon material, dispersion material, and binder) as the claimed invention in an overlapping amount as the claimed invention (See Claims 1-6 above). The current collector can be the same material (Yoshida: 0143 – aluminum foil is used as the current collector) as disclosed in paragraph 0054 of the instant specification.
Thus, as the adhesive layer of modified Yoshida comprises the same components in overlapping amounts as the claimed invention, the current collector of modified Yoshida is made of the same material as the claimed invention, and the peel strength between the adhesive layer and active material layer is known to be greater than 0.1 N/cm, one of ordinary skill in the art would expect the peel strength between the current collector and the active material layer of modified Yoshida to at least overlap the peel strength of the claimed invention at 80°C (0.10 N/cm or greater).
Applicant is invited to provide evidence of any differences between Yoshida and the claimed invention that would result in a peel strength between the current collector and active material layer of Yoshida to be lower than 0.10 N/cm.
Regarding Claim 16, modified Yoshida teaches the electrode of Claim 1 and that it is used in a solid-state battery as a positive electrode (first electrode) along with a negative electrode (second electrode) and a solid electrolyte layer between the positive and negative electrodes (Yoshida: 0149, 0150).
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida, Soltex, and Liang as applied to claim 16 above, and further in view of Sakamoto (US 20200280102 A1, cited in the 12/08/2022 IDS).
Regarding Claim 17, modified Yoshida teaches the battery of Claim 16. Modified Yoshida does not teach that the battery includes a first electrode A and a first electrode B as the first electrode, and a solid electrolyte layer A and a solid electrolyte layer B as the solid electrolyte layer; that the second electrode includes a second current collector, a second active material layer A provided on a first surface of the second current collector, and a second active material layer B provided on a second surface of the second current collector; or that the all-solid-state battery includes the first electrode A, the solid electrolyte layer A, the second electrode, the solid electrolyte layer B, and the first electrode B in this order in the thickness direction.
Sakamoto teaches solid-state battery units including a first current collector layer, a first active substance layer (the first current collector and active substance layer can be viewed as the first electrode A), a solid electrolyte layer (solid electrolyte layer A), a second active substance layer (second active material layer A), a second current collector layer, a second active substance layer (second active material layer B; the second active material layers A and B and the second current collector can be viewed as the second electrode), a solid electrolyte layer (solid electrolyte layer B), a first active substance layer, and a first current collector layer (the first current collector and active substance layer can be viewed as the first electrode B), which are stacked in this order (Abstract). The current collector layer and active material layer are bonded with adhesive (Abstract). This structure allows for the suppression of service capacity even if the battery is bound at low pressure (0040).
Sakamoto is considered analogous to the claimed invention as it relates to the same field of endeavor, namely solid-state electrolytes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solid-state battery of modified Yoshida to comprise the structure of Sakamoto in order to allow for the suppression of service capacity even if the battery is bound at low pressure.
It would also have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the adhesive layer (carbon material layer) of modified Yoshida as the adhesive bonding the current collector and active material layer as the purpose of the adhesive layer is to bond a current collector and active material layer.
As the first current collector is bonded to the first active material layer through an adhesive, one of ordinary skill in the art would select at least one of first electrodes A and B to be the electrode of Claim 1, which comprises an adhesive layer (carbon material layer) between the current collector and active material layer (Yoshida: Abstract).
Regarding Claims 18 and 19, modified Yoshida teaches the battery of Claims 17 (which is dependent on the battery of Claim 16). Modified Yoshida does not disclose how the battery is made.
Sakamoto teaches that a battery with the structure of modified Yoshida can be produced by preparing a precursor laminate (preparation step) including a first active material A, a solid electrolyte layer A, a second active material A, a second current collector, a second active material layer B, a solid electrolyte layer B, and a first active material layer B in this order in a thickness direction (0085). The current collectors (A and B) are then bonded to the respective end faces of the laminate using adhesives (0086).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have produced the battery of modified Yoshida through the method disclosed by Sakamoto as it is a known method for producing a battery with the structure of modified Yoshida.
It would have also been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the adhesive layer (carbon material layer) of modified Yoshida as the adhesive bonding the current collector and active material layer as the purpose of the adhesive layer is to bond a current collector and active material layer.
The bonding of the first current collector A on the first active material layer A of the laminate can be viewed as a first disposition step. As the current collector A is bonded to the active material layer A using the adhesive layer (first carbon material layer), there would be a first carbon material, first dispersion material, and a first binder interposed between the first current collector A and the first active material layer A (Claim 18).
Similarly, the bonding of the first current collector B on the first active material layer B of the laminate can be viewed as a first disposition step. As the current collector B is bonded to the active material layer B using the adhesive layer (second carbon material layer), there would be a second carbon material, a second dispersion material, and a second binder interposed between the first current collector B and the first active material layer B (Claim 19).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIHENG LU whose telephone number is (703)756-1077. The examiner can normally be reached Monday-Friday 8:30 - 5 ET.
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/ZIHENG LU/Examiner, Art Unit 1752
/Maria Laios/Primary Examiner, Art Unit 1727
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