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 Objections
Claims 1, 3-4, 9, and 12 are objected to because of the following informalities:
Claim 1 recites “any one or both of a preparation temperature and a temperature before the application and the film formation…” in lines 6-7. The examiner suggests amending the limitation to read “
Claim 3 recites the range “500 to 10,000 cP” in lines 3-4. For enhanced clarity, the examiner suggests amending to recite the unit behind both the lower bound and the upper bound of the range. For example, the range of Claim 3 should be amended to read “500 cP to 10,000 cP”.
Claim 4 recites “a viscosity at a higher temperature among the preparation temperature and the temperature before the application and the film formation…” in lines 4-6. The examiner suggests amending the limitation to read “a viscosity at a higher temperature, wherein the higher temperature is selected from
Claim 9 recites “The manufacturing method for an all-solid state secondary battery according to claim 8 which has a current collector laminated on each side of…” in lines 1-2. The examiner suggests amending the limitation to read “The manufacturing method for an all-solid state secondary battery according to claim 8, whereincollector is laminated on a side each of…” in order to improve clarity and readability of the claim, as well as maintain a consistent formatting throughout the claim set.
Claim 9 recites “the manufacturing method for all-solid state secondary battery, comprising:” in lines 3-4. The examiner suggests amending the limitation to read “the manufacturing method for an all-solid state secondary battery, further comprising:” to improve clarity and consistency throughout the claims.
Claim 9 recites in total, “The manufacturing method for an all-solid state secondary battery according to claim 8 which has a collector laminated on a side each of the positive electrode active material layer and the negative electrode active material layer, opposite to the solid electrolyte layer, the manufacturing method for all-solid state secondary battery, comprising: a step of manufacturing at least one of a positive electrode in which the collector and the positive electrode active material layer are laminated, the solid electrolyte layer, or a negative electrode in which the collector and the negative electrode active material layer are laminated, through the manufacturing method for a sheet for an all-solid state secondary battery according to claim 1”.
Claim 8 (upon which claim 9 depends) is dependent upon claim 1, and requires that at least one of the positive electrode active material layer, the solid electrolyte layer, or the negative electrode active material layer is manufactured by the method of claim 1. It appears based on claims 8 and 9 and the instant specification [0017, 0021] that the limitation of claim 9 (lines 5-9) requiring “…a step of manufacturing at least one of a positive electrode in which the collector and the positive electrode active material layer are laminated, the solid electrolyte layer, or a negative electrode in which the collector and the negative electrode active material layer are laminated, through the manufacturing method for a sheet for an all-solid state secondary battery according to claim 1” is simply restating that the at least one of the positive electrode active material layer, the solid electrolyte layer, or the negative electrode active material layer is formed according to the method of claim 1, as similarly stated in claim 8.
The examiner suggests that the claim be amended to read “The manufacturing method for an all-solid state secondary battery according to claim 8 which has a collector laminated on a side each of the positive electrode active material layer and the negative electrode active material layer, opposite to the solid electrolyte layer, the manufacturing method for all-solid state secondary battery, comprising: a step of manufacturing at least one of a positive electrode in which the collector and the positive electrode active material layer are laminated, the solid electrolyte layer, or a negative electrode in which the collector and the negative electrode active material layer are laminated
Upon such an amendment, the claim would still require that the at least one of the positive electrode active material layer, the solid electrolyte layer, or the negative electrode active material layer is manufactured by the method of claim 1, as such a limitation is a requirement of claim 8 (upon which claim 9 depends). The examiner notes that if no amendment is made to the claim to address the above identified issue, the claim may be subject to an objection to the claim for being in an improper form for a multiple dependent claim, as the claim is not in proper alternative form (MPEP 608.01 (n)).
The examiner notes that pertaining to claim 9 and claim 12, “a collector” is understood to be an embodiment of the “base material” of claim 1, in view of the instant specification [0020-0021]. In other words, it is understood that the “base material” of claim 1 may be “a collector” laminated on (for example) the positive electrode active material layer as described in claim 9. However, the examiner suggests amending the claims to clarify that when the positive electrode active material layer of claim 9 (for example) is formed according to method of claim 1, the positive electrode active material layer does not contain two separate substrates (i.e., a “base material” and a “collector”).
Claim 12 recites in total, “The all-solid state secondary battery according to claim 11, further comprising: a collector laminated on a side each of the positive electrode active material layer and the negative electrode active material layer, opposite to the solid electrolyte layer, wherein at least one of a positive electrode in which the collector and the positive electrode active material layer are laminated, the solid electrolyte layer, or a negative electrode in which the collector and the negative electrode active material layer are laminated is composed of the sheet for an all-solid state secondary battery according to claim 10”.
Claim 11 (upon which claim 12 depends) is dependent upon claim 10, and requires that at least one layer of the positive electrode active material layer, the solid electrolyte layer, or the negative electrode active material layer is composed of the sheet for an all-solid state secondary battery of claim 10. It appears based on claims 11 and 12 and the instant specification [0020-0021, 0024-0025, 0034] that claim 12 (lines 4-7) is indicating that at least one of the positive electrode active material layer, the solid electrolyte layer, or the negative electrode active material layer of the positive electrode, the solid electrolyte layer, or the negative electrode active material layer, consists of the sheet of claim 10, as similarly stated in claim 11.
The examiner suggests that the claim be amended to read “The all-solid state secondary battery according to claim 11, further comprising: a collector laminated on a side each of the positive electrode active material layer and the negative electrode active material layer, opposite to the solid electrolyte layer, wherein at least one of a positive electrode in which the collector and the positive electrode active material layer are laminated, the solid electrolyte layer, or a negative electrode in which the collector and the negative electrode active material layer are laminated
Upon such an amendment, the claim would still require that the at least one of a positive electrode in which the collector and the positive electrode active material layer are laminated, the solid electrolyte layer, or a negative electrode in which the collector and the negative electrode active material layer are laminated comprise the sheet of Claim 10, as such a limitation is a requirement of claim 11 (upon which claim 12 depends). The examiner notes that if no amendment is made to the claim to address the above identified issue, the claim may be subject to an objection to the claim for being in improper form for a multiple dependent claim, as the claim is not in proper alternative form (MPEP 608.01 (n)).
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Mimura et al. (WO 2019017309 A1) (citations are made in reference to the English machine translation attached to this office action).
The examiner notes that although Mimura et al. (WO 2019017309 A1) shares a common Applicant with the instant application, it qualifies as prior art under 35 U.S.C. 102(a)(1) as it was published on 01/24/2019 which is before the effective filing date of the instant application (07/02/2020).
Regarding Claim 1, Mimura discloses a manufacturing method for a sheet (solid electrolyte-containing sheet) for an all-solid state secondary battery, comprising: subjecting an inorganic solid electrolyte-containing composition (solid electrolyte composition, [0106]) to application and film formation onto a base material (substrate, [0161]) [0010, 0179, 0186-0187]. Mimura further discloses that the inorganic solid electrolyte-containing composition (solid electrolyte composition) contains an inorganic solid electrolyte (E) having an ion conductivity of a metal belonging to Group 1 or Group 2 in the periodic table and a dispersion medium (solvent) [0106, 0130]. Mimura further discloses that in the production of the inorganic solid electrolyte-containing composition (solid electrolyte composition), a preparation temperature (mixing temperature) is 50°C or less [0148]. Mimura further discloses that in the production of the inorganic solid electrolyte-containing composition (solid electrolyte composition), a temperature (storage temperature) before the application and the film formation is preferably 50°C or lower [0149]. Mimura further discloses that following the preparation of the inorganic solid electrolyte-containing composition (solid electrolyte composition), the next step in the formation of the sheet (solid electrolyte-containing sheet) is the application of the inorganic solid electrolyte-containing composition (solid electrolyte composition) onto the base material (substrate, PTFE sheet in Example 1) [0186-0187].
The examiner notes that the preparation temperature (mixing temperature) as taught by Mimura is 50°C or less [0148], which overlaps with the claimed range of 35°C to 90°C. Likewise, the temperature (storage temperature) before the application and the film formation as taught by Mimura is preferably 50°C or lower [0149], which overlaps with the claimed range of 35°C to 90°C. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I).
The examiner further notes that the instant specification describes the preparation temperature as temperature during mixing [0044], and further describes the temperature before the application and the film formation as the temperature of the inorganic solid electrolyte-containing composition immediately before being applied (to the base material) [0046].
As such, the skilled artisan would appreciate that both a preparation temperature (mixing temperature) and a temperature (storage temperature) before the application and the film formation of the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura overlaps with the claimed ranges. Particularly as the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura is applied to the base material (substrate) either directly after mixing at a preparation temperature (mixing temperature) of 50°C or less [0148], or after being stored at a temperature (storage temperature) of 50°C or lower [0149]. Thus, all of the limitations of Claim 1 are met.
Regarding Claim 2, as detailed above in the rejection of Claim 1, the skilled artisan would appreciate that both of the preparation temperature (mixing temperature) and the temperature (storage temperature) before the application and the film formation of the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura overlap with the claimed ranges. Particularly as the inorganic solid electrolyte-containing composition (solid electrolyte composition) is applied to the base material (substrate) either directly after mixing at a preparation temperature (mixing temperature) of 50°C or less [0148], or after being stored at a temperature (storage temperature) of 50°C or lower [0149]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Thus, all of the limitations of Claim 2 are met.
Regarding Claim 3, Mimura does not explicitly disclose the viscosity of the inorganic solid electrolyte-containing composition (solid electrolyte composition) at 25°C. However, Mimura discloses that the inorganic solid electrolyte-containing composition (solid electrolyte composition) contains an inorganic solid electrolyte (E) having an ion conductivity of a metal belonging to Group 1 or Group 2 in the periodic table and a dispersion medium (solvent) [0106, 0130]. Mimura further discloses that the inorganic solid electrolyte (E) may be a sulfide-based inorganic solid electrolyte such as Li2S-P2S5 [0107, 0110, 0112]. Mimura further discloses that the dispersion medium (solvent) may be methyl alcohol [0130-0131]. Mimura further discloses that the solid content of the inorganic solid electrolyte-containing composition (solid electrolyte composition) is preferably between 5% mass and 40% mass [0137].
The instant specification teaches that the inorganic solid electrolyte of the inorganic solid electrolyte-containing composition may be Li2S-P2S5 [0058, 0064]. The instant specification further teaches that the dispersion medium of the inorganic solid electrolyte-containing composition may be methyl alcohol [0071-0072]. The instant specification further teaches that the solid content of the inorganic solid electrolyte-containing composition is between 20% by mass and 80% by mass [0053]. The instant specification further discloses that, in particular, the viscosity of the inorganic solid electrolyte-containing composition is a function of the solid content within the inorganic solid electrolyte-containing composition, the kind of dispersion medium used, the preparation temperature, and the temperature before the film formation [0055].
Therefore, the skilled artisan would recognize that there is at least one embodiment of the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura which is identical to the inorganic solid electrolyte-containing composition of the instant application in at least the aspects of the solid content within the inorganic solid electrolyte-containing composition, the kind of dispersion medium used, and both of the preparation temperature and the temperature before the film formation (as detailed above in the rejection of Claim 1). As such, the skilled artisan would expect that the viscosity of the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura according to such an embodiment is within the claimed range at 25°C, as the instant application specifically teaches that the viscosity of the inorganic solid electrolyte-containing composition is a function of the solid content within the inorganic solid electrolyte-containing composition, the kind of dispersion medium, the preparation temperature, and the temperature before the film formation [0055]. Thus, all of the limitations of Claim 3 are met.
Regarding Claim 4, Mimura does not explicitly disclose the viscosity of the inorganic solid electrolyte-containing composition (solid electrolyte composition) at 25°C or at a higher temperature which may be either the preparation temperature (mixing temperature) or the temperature (storage temperature) before the application and the film formation. However, Mimura discloses that the inorganic solid electrolyte-containing composition (solid electrolyte composition) contains an inorganic solid electrolyte (E) having an ion conductivity of a metal belonging to Group 1 or Group 2 in the periodic table and a dispersion medium (solvent) [0106, 0130]. Mimura further discloses that the inorganic solid electrolyte (E) may be a sulfide-based inorganic solid electrolyte such as Li2S-P2S5 [0107, 0110, 0112]. Mimura further discloses that the dispersion medium (solvent) may be methyl alcohol [0130-0131]. Mimura further discloses that the solid content of the inorganic solid electrolyte-containing composition (solid electrolyte composition) is preferably between 5% mass and 40% mass [0137].
The instant specification teaches that the inorganic solid electrolyte of the inorganic solid electrolyte-containing composition may be Li2S-P2S5 [0058, 0064]. The instant specification further teaches that the dispersion medium of the inorganic solid electrolyte-containing composition may be methyl alcohol [0071-0072]. The instant specification further teaches that the solid content of the inorganic solid electrolyte-containing composition is between 20% by mass and 80% by mass [0053]. The instant specification further discloses that, in particular, the viscosity and the change in viscosity of the inorganic solid electrolyte-containing composition is a function of the solid content within the inorganic solid electrolyte-containing composition, the kind of dispersion medium used, the preparation temperature, and the temperature before the film formation [0055].
Therefore, the skilled artisan would recognize that there is at least one embodiment of the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura which is identical to the inorganic solid electrolyte-containing composition of the instant application in at least the aspects of the solid content within the inorganic solid electrolyte-containing composition, the kind of dispersion medium used, and both of the preparation temperature and the temperature before the film formation (as detailed above in the rejection of Claim 1). As such, the skilled artisan would expect that the difference between the viscosity of the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura at 25°C and the viscosity of the inorganic solid electrolyte-containing composition (solid electrolyte composition) of Mimura at a higher temperature which may be either the preparation temperature (mixing temperature) or the temperature (storage temperature) before the application and the film formation, to be within the claimed range. Particularly, the skilled artisan would expect this because the instant application specifically teaches that the change in viscosity of the inorganic solid electrolyte-containing composition is controlled by the solid content within the inorganic solid electrolyte-containing composition, the kind of dispersion medium, the preparation temperature, and the temperature before the film formation [0055]. Thus, all of the limitations of Claim 4 are met.
Regarding Claim 5, Mimura further discloses that the dispersion medium (solvent) may have a boiling point between 50°C and 210°C [0135]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Thus, all of the limitations of Claim 5 are met.
Regarding Claim 6, Mimura further discloses that the inorganic solid electrolyte-containing composition (solid electrolyte composition) contains a binder [0138]. Thus, all of the limitations of Claim 6 are met.
Regarding Claim 7, Mimura further discloses that the inorganic solid electrolyte-containing composition (solid electrolyte composition) contains an active material [0117]. Thus, all of the limitations of Claim 7 are met.
Regarding Claim 8, Mimura discloses a manufacturing method for an all-solid state secondary battery (10) which has a positive electrode active material layer (4), a solid electrolyte layer (3), and a negative electrode active material layer (2) in this order (Figure 1, [0164-0165, 0177]). Mimura further discloses that the manufacturing method for an all-solid state secondary battery comprises a step of manufacturing each of the positive electrode active material layer (4), the solid electrolyte layer (3), and the negative electrode active material layer (2) by the manufacturing method for a sheet (solid electrolyte-containing sheet) for an all-solid state secondary battery according to Claim 1 (Figure 1, [0164, 0176-0177]). Thus, all of the limitations of Claim 8 are met.
Regarding Claim 9, Mimura further discloses that a collector (negative electrode current collector, 1, and positive electrode current collector, 5) is laminated on a side each of the positive electrode active material layer (4) and the negative electrode active material layer (2), opposite to the solid electrolyte layer (3) (Figure 1, [0165, 0177]). Mimura further discloses that the manufacturing method for an all-solid state secondary battery, comprises a step of manufacturing each of a positive electrode (positive electrode sheet) in which the collector (positive electrode current collector, 5) and the positive electrode active material layer (4) are laminated, the solid electrolyte layer, and a negative electrode (negative electrode sheet) in which the collector (negative electrode current collector, 1) and the negative electrode active material layer (2) are laminated (Figure 1, [0165, 0177-0178]). As detailed in the rejection of Claim 8 above, each of the positive electrode active material layer (4), the solid electrolyte layer (3), and the negative electrode active material layer (2) are prepared through the manufacturing method for a sheet (solid electrolyte-containing sheet) for an all-solid state secondary battery according to Claim 1 (Figure 1, [0164, 0176-0177]). Thus, all of the limitations of claim 9 are met.
Regarding Claim 10, Mimura further discloses a sheet (solid electrolyte-containing sheet) for an all-solid state secondary battery, which is manufactured according to the manufacturing method for a sheet (solid electrolyte-containing sheet) for an all-solid state secondary battery according to Claim 1 [0159-0160]. Thus, all of the limitations of Claim 10 are met.
Regarding Claim 11, Mimura further discloses an all-solid state secondary battery (10) comprising, in the following order: a positive electrode active material layer (4), a solid electrolyte layer (3), and a negative electrode active material layer (2) (Figure 1, [0164-0165, 0177]). Mimura further discloses that each of the positive electrode active material layer (4), the solid electrolyte layer (3), and the negative electrode active material layer (2) is composed of the sheet (solid electrolyte-containing sheet) for an all-solid state secondary battery according to Claim 10 (Figure 1, [0160, 0164-0165]). Thus, all of the limitations of Claim 11 are met.
Regarding Claim 12, Mimura further discloses that a collector (negative electrode current collector, 1, and positive electrode current collector, 5) is laminated on a side each of the positive electrode active material layer (4) and the negative electrode active material layer (2), opposite to the solid electrolyte layer (3) (Figure 1, [0165, 0177]). Mimura further discloses that each of a positive electrode (positive electrode sheet) in which the collector (positive electrode current collector, 5) and the positive electrode active material layer (4) are laminated, the solid electrolyte layer, and a negative electrode (negative electrode sheet) in which the collector (negative electrode current collector, 1) and the negative electrode active material layer (2) are laminated is composed of the sheet (solid electrolyte-containing sheet) for an all-solid state secondary battery according to Claim 10 (Figure 1, [0160, 0164-0165]), as detailed above in the rejection of Claim 11. Thus, all of the limitations of Claim 12 are met.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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/EMILY ELIZABETH FREEMAN/Examiner, Art Unit 1724
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