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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/23/2026 has been entered.
Claim Rejections - 35 USC § 102
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) 9 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kobayashi et al. (US-20210367298-A1 as provided in the IDS dated 07/25/2024).
Regarding Claim 9, Kobayashi discloses:
A solid state battery comprising (battery 300 is described as a solid-state, laminated battery, see [0109] and Fig. 4):
a solid state battery laminate including a positive electrode layer (the positive electrode layer 12, see Fig. 4),
a negative electrode layer (a negative electrode layer 14, see Fig. 4),
and a solid electrolyte layer interposed between the positive electrode layer and the negative electrode layer (a solid electrolyte layer 15 is shown as being in between the positive electrode layer 12 and a negative electrode layer 14, see Fig.4)
an external terminal on a side surface of the solid state battery laminate (The extraction electrodes 26, 27 are shown to be external to and on the side of the solid state battery laminate, see annotated Fig. 4 below. This is consistent with the instant specification of the external electrodes as there is intervening structure between the external electrodes and the external environment, see instant spec.- Fig. 4a);
and a covering insulating film (first sealing member 20 and second sealing member 23 (see Fig. 4), both of which are made of insulating material, see [0069] and [0110]) in contact with the solid state battery laminate and covering the solid state battery laminate (At least the first sealing member 20 is shown to contact and cover the solid state laminate, see Fig. 4. Additionally, contact under broadest reasonable interpretation can be thermal, electrical and/or physical contact. Therefore, the second sealing member 23 could be interpreted be in thermal contact with the solid state battery laminate. The second sealing member 23 could also be interpreted to be in physical contact with the solid state battery laminate via the intervening structure of the extraction electrodes 26, 27, see Fig. 4),
the covering insulating film containing a moisture absorbing material (“the first sealing member 20 contains an insulating material and zeolite particles,” see [0069]; “the second sealing member 23 contains an insulating material and zeolite particles,” see [0110]; and the zeolite particles can absorb moisture, see [0072])
wherein the covering insulating film is disposed outside the external terminal that is opposite the side surface of the solid state battery laminate (the second sealing member 23 is shown to be disposed outside the external terminal that is opposite the side surface of the solid state battery laminate in annotated Fig. 4 below).
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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.
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (US-20210367298-A1 as provided in the IDS dated 07/25/2024) as applied to claim 9 above.
Regarding Claim 15, Kobayashi teaches:
the moisture absorbing material contains synthetic zeolite and/or silica gel (“the first sealing member 20 contains an insulating material and zeolite particles,” see [0069]; “the second sealing member 23 contains an insulating material and zeolite particles,” see [0110]; and the zeolite particles can absorb moisture, see [0072]),
Kobayashi is not particularly limited to the amount of zeolite used in the first and second sealing members 20, 23. Therefore, Kobayashi does not teach:
and a content of the synthetic zeolite and/or the silica gel is 1 vol% to 45 vol% based on a whole of the covering insulating film
However, Kobayashi teaches the zeolite is provided to achieve the desired effects of adsorbing moisture from the outside or a sulfide gas generated inside the battery, see [0072]. Additionally, Kobayashi teaches the insulating material is provided to achieve the desired effect of suppressing short circuits, see [0069]. This disclosure teaches that the amount of zeolite and insulating material are both result effective variables that control the ability to adsorbing moisture or a sulfide gas and suppressing short circuits.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filed to have optimized the amount of zeolite and insulating material provided to achieve the desired effects of adsorbing moisture or a sulfide gas and suppressing short circuits.
It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art at the time the instant invention was filed to have arrived at the claimed content of zeolite “is 1 vol% to 45 vol% based on a whole of the covering insulating film,” without undue experimentation.
Response to Arguments
Applicant's arguments filed 04/23/2026 have been fully considered and are addressed below.
Rejections under U.S.C. 35 §§ 102 and 103
Applicant’s arguments, see pages 6-8, with respect to rejections under U.S.C. 35 §§ 102 and 103 have been fully considered and found unpersuasive. In light of the amendments to claims 9 and 15, the new grounds of rejection does not rely on any teaching or matter specifically challenged in the argument and arguments are considered moot because an alternative interpretation of Kobayashi is applied.
Examiner’s note
Efforts were made to find possible allowable subject matter for the embodiments of the instant specification. However, upon further search and consideration it was determined that there is pertinent prior art (see section below) that would require substantial amendments to the claims. If Applicant would like to discuss possible amendments in light of the following pertinent art, please request an interview.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Taniuchi et al (US-20210020880-A1): Taniuchi teaches expansion material between the battery case and the solid state battery which adsorbs water and comprises zeolite or silica gel, see [0102]-[0105] and Fig. 6a-b below.
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Honda et al. (US-20210391599-A1): Honda teaches a laminate solid state battery with a sealing member 700 which can suitably contain zeolite and encompasses at least a significant portion of current collecting leads 500, [0119]-[0123] and reproduced Fig. 6 below .
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Chikagawa (US-20220209338-A1): Chikagawa protective layer 300 can suitably adsorb moisture, see [0065] and Fig. 2 reproduced below.
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Shigematsu et al. (WO-2014007215-A1 with translation provided): Shigematsu teaches resin layers 7,8, and 9 have some water adsorption property, see Abstract and Fig. 1 reproduced below.
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Ono et al. (US-20210104778-A1): Ono teaches and insulating material 24 which can suitably comprise zeolite, see [0040]-[0043] and Fig. 2 reproduced below.
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Okamoto et al. (US-20200076002-A1):Okamoto teaches outer peripheral powder layer 23 is moisture adsorbing and can suitably be zeolite or silica gel, see [0078] and reproduced Fig. 1 below.
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Sugiyo et al. (US-20210280843-A1): Sugiyo hydrogen sulfide absorbent/ dehydrator 9 which can suitable be zeolite or silica gel, see [0148] and reproduced Figs. 13 and 15 below.
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Kaneda et al. (US-20120088129-A1): Kaneda teaches: “a porous metal body 20 obtained by sintering aluminum alloy powder was used as a positive electrode current collector 4, where the porous metal body 20 had a pore size of 2 µm, a porosity of 35%, and a thickness of 40 µm, and metal stearate, hydrotalcite silica gel, and zeolite were used as a gas adsorbent 22,” see [0088] and reproduced Fig. 3 below.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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