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 .
This is a final office action in response to Applicant's remarks and amendments filed on 03/03/2026. Claims 1, 3, 9, and 12 are currently amended. Claim 4 is canceled. Claims 1-3 and 5-12 are pending review in this action. The previous objections regarding the claims are withdrawn in light of Applicant's amendments to the claims. The previous 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1, however the previously cited prior art has been upheld as reading upon select claim limitations. New grounds of rejection necessitated by Applicant’s amendments are detailed below.
Claim Objections
Claim 12 is objected to because of the following informalities:
Claim 12 recites in full “The all-solid state secondary battery according to claim 11, further comprising: a collector laminated on a side of each of the positive electrode active material layer and the negative electrode active material layer, opposite to the solid electrolyte layer, wherein the collector is the base material, and wherein at least one of the positive electrode in which the collector and the positive electrode active material layer are laminated, the solid electrolyte layer, or the negative electrode in which the collector and the negative electrode active material layer are laminated”. Upon the current amendment to the claim, the portion of the claim highlighted in bold above reads as if there is a portion of the limitation missing. It is not fully clear if the limitation is requiring that at least one of the positive electrode, negative electrode, or solid electrolyte layer is laminated individually, if they are all laminated together, etc.. For purposes of examination, the limitation will be considered as if requiring that the positive electrode, negative electrode, and solid electrolyte layer are all laminated together.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3 and 5-12 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 the previous office action dated 11/03/2025), further in view of Senoue (US 2019/0181420 A1).
The examiner notes that although Mimura et al. (WO 2019017309 A1) shares a common Applicant with the instant application, it qualifies as prior art as it was published on 01/24/2019 which is before the effective filing date of the instant application (07/02/2020).
In Regards to 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]. 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]. Mimura further teaches that such a range of solid content in the inorganic solid electrolyte-containing composition (solid electrolyte composition) is selected for the purposed of film uniformity and the rate of drying [0137]. Mimura further teaches that the drying of the inorganic solid electrolyte-containing composition (solid electrolyte composition) onto the base material (substrate, PTFE sheet in Example 1) is performed at 80°C in a nitrogen atmosphere for 30 minutes followed by 2 hours at 80°C in air [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 the 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].
Mimura is deficient in disclosing 1) that a solid content concentration of the inorganic solid electrolyte-containing composition is more than 60% by mass; and 2) that in the inorganic solid electrolyte-containing composition, a difference (in terms of absolute value) between the viscosity at 25°C and a viscosity at a higher temperature, wherein the higher temperature is selected from the preparation temperature and the temperature before the application and the film formation, is 1,000 cP or more.
Regarding 1), Senoue discloses a manufacturing method for a sheet (solid electrolyte layer, 30) of a solid-state battery (sulfide solid-state battery, 100), wherein the sheet (solid electrolyte layer, 30) comprises an inorganic solid electrolyte-containing composition (solid electrolyte paste) which is applied to a base material (aluminum foil) (Figure 3, [0048, 0073]). Senoue further discloses that the inorganic solid electrolyte-containing composition (solid electrolyte paste) has a solid content concentration of 70 mass% [0073]. Senoue teaches that the inorganic solid electrolyte-containing composition (solid electrolyte paste) is dried at 100°C for 30 minutes [0073]. Senoue further teaches that a mixture having a solid content concentration of 70 mass% is able to be uniformly applied to a base material, thus forming a uniform coating [0078].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the inorganic solid electrolyte-containing composition of Mimura to have a solid content concentration of 70 mass%, as it is known in the art that an inorganic solid electrolyte-containing composition for use in a solid state battery may suitably have a solid content concentration of 70 mass% prior to application onto a base material, as taught by Senoue. By doing so, the skilled artisan would have a reasonable expectation of success in providing an inorganic solid electrolyte composition which is able to be uniformly applied to the base material and which is dried at a similar rate to the drying rate of Mimura, as detailed above. Furthermore, the selection of a known material/process based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification the limitation of Claim 1 requiring that a solid content concentration of the inorganic solid electrolyte-containing composition is more than 60% by mass, is met.
Regarding 2), 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]. Upon the modified detailed above, modified Mimura further discloses that the solid content of the inorganic solid electrolyte-containing composition (solid electrolyte composition) is 70 mass%.
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 1 are met.
In Regards to Claim 2 (Dependent Upon Claim 1):
Mimura as modified by Senoue discloses the manufacturing method of Claim 1 as set forth above. 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.
In Regards to Claim 3 (Dependent Upon Claim 1):
Mimura as modified by Senoue discloses the manufacturing method of Claim 1 as set forth above.
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]. Upon the modified detailed above in the rejection of Claim 1, modified Mimura further discloses that the solid content of the inorganic solid electrolyte-containing composition (solid electrolyte composition) is 70 mass%.
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.
In Regards to Claim 5 (Dependent Upon Claim 1):
Mimura as modified by Senoue discloses the manufacturing method of Claim 1 as set forth above. 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.
In Regards to Claim 6 (Dependent Upon Claim 1):
Mimura as modified by Senoue discloses the manufacturing method of Claim 1 as set forth above. 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.
In Regards to Claim 7 (Dependent Upon Claim 1):
Mimura as modified by Senoue discloses the manufacturing method of Claim 1 as set forth above. 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.
In Regards to Claim 8 (Dependent Upon Claim 1):
Mimura as modified by Senoue discloses the manufacturing method of Claim 1 as set forth above. 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.
In Regards to Claim 9 (Dependent Upon Claim 8):
Mimura as modified by Senoue discloses the manufacturing method of Claim 8 as set forth above. Mimura further discloses that the base material is a collector (negative electrode current collector, 1, and positive electrode current collector, 5) is laminated on a side of 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 the 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]). Thus, all of the limitations of claim 9 are met.
In Regards to Claim 10 (Dependent Upon Claim 1):
Mimura as modified by Senoue discloses the manufacturing method of Claim 1 as set forth above. 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.
In Regards to Claim 11 (Dependent Upon Claim 10):
Mimura as modified by Senoue discloses the manufacturing method of Claim 10 as set forth above. 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.
In Regards to Claim 12 (Dependent Upon Claim 11):
Mimura as modified by Senoue discloses the manufacturing method of Claim 11 as set forth above. Mimura further discloses that a collector (negative electrode current collector, 1, and positive electrode current collector, 5) is laminated on a side of each of the positive electrode active material layer (4) and the negative electrode active material layer (2), opposite to the solid electrolyte layer (3), wherein the collector (negative electrode current collector, 1, and positive electrode current collector, 5) is the base material (Figure 1, [0165, 0177]). Mimura further discloses that each of the 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 the 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.
Response to Arguments
Applicant's arguments filed 03/03/2026 have been fully considered but they are not fully persuasive.
The Applicant highlights that Mimura et al. (WO 2019017309 A1) teaches that the preparation and storage temperature of the inorganic solid electrolyte-containing composition (solid electrolyte composition) should be maintained at 50°C or less to prevent polymer degradation [0148-0149]. The Applicant further highlights that the instant application teaches that when the inorganic solid electrolyte-containing composition has a high solid content, heating the inorganic solid electrolyte-containing composition is necessary to achieve the preferred dispersibility. The Applicant argues that one of ordinary skill in the art would be motivated to maintain temperatures at or below room temperature to ensure stability.
The examiner respectfully disagrees. While the examiner acknowledges that Mimura teaches that the temperature should be maintained at 50°C or less to prevent polymer degradation [0148-0149] and that Mimura teaches certain steps during manufacturing can be performed at room temperature [0112], Mimura also explicitly states that temperatures should be maintained at 50°C or less, rather than “at or below room temperature”.
The Applicant further argues that Mimura fails to disclose the viscosity difference of the inorganic solid electrolyte-containing composition (solid electrolyte composition) as claimed, and the overlap in temperature between the range taught by Mimura and the instant application fails to establish a prima facie case of obviousness due to the criticality and unexpected results taught by the instant application.
The examiner respectfully disagrees and finds that in view of the experimental data presented in Table 1 of the instant specification, criticality is not found to be commensurate with the scope of the claims. First, instant Claim 1 requires that either or both of the preparation temperature and the temperature before the application and the film formation is between 35°C and 90°C (lines 7-9). Within the examples provided in Table 1, only three individual experimental temperatures are reported for either the preparation temperature and the temperature before the application and the film formation: 25°C (below the claimed range), 45°C (within the claimed range), and 100°C (above the claimed range. Only one experimental example (N-12) was reported which had either the preparation temperature and the temperature before the application and the film formation be above the claimed range, this particular example having both the preparation temperature and the temperature before the application and the film formation be set to 100°C. There were no experimental examples which had only one of the preparation temperature and the temperature before the application and the film formation be above the claimed range. Secondly, instant Claim 1 further requires that a solid content concentration of the inorganic solid electrolyte-containing composition be above 60% by mass (lines 10-11). All examples reported in instant Table 1 have a solid content composition higher than 60% by mass. Lastly, experimental example (N-9) appears to meet all of the temperature and solid content composition requirements of instant Claim 1 and fails to produce a change in viscosity which is above 1000 cP. In summary, instant Table 1 provides an insufficient amount of data to reasonably suggest criticality to the full scope of instant Claim 1. Likewise, the examiner does not find the data provided in instant Table 1 sufficient to demonstrate unexpected results. The skilled artisan would reasonably expect that increasing the temperature of the inorganic solid electrolyte-containing composition would lead to a decrease in viscosity (compared to the viscosity of the composition at room temperature) as generally heating a mixture containing a liquid causes particles to move faster, thus decreasing the viscosity of the mixture.
In response to the Applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
The Applicant further argues that Mimura teaches away from the present application as it teaches that heat applied to the inorganic solid electrolyte-containing composition (solid electrolyte composition) should be limited to prevent polymer degradation.
The examiner respectfully disagrees. While the examiner acknowledges that Mimura teaches that the temperature should be maintained at 50°C or less to prevent polymer degradation [0148-0149] and that Mimura teaches certain steps during manufacturing can be performed at room temperature [0112], Mimura also explicitly states that temperatures should be maintained at 50°C or less, rather than “at or below room temperature”. The modifications presented by the examiner in the above claim rejections do not involve modifying a temperature to be above 50°C.
In order to address the newly added limitation of Claim 1, a new grounds of rejection is made in view of Mimura et al. (WO 2019017309 A1) and Senoue (US 2019/0181420 A1), as detailed above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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/E.E.F./ Examiner, Art Unit 1724
/STEWART A FRASER/ Primary Examiner, Art Unit 1724
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