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 .
Response to Amendment
The amendment filed on February 3rd 2026 is acknowledged. Claims 1-20 remain pending in the application, with Claims 12-20 withdrawn. Applicant’s arguments to the previous rejections of the claims were fully considered however are not persuasive, therefore the rejections are maintained.
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.
Claims 1, 2, 4, 6, & 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aghdaei et al. WO 2021/219991 A1. Citations are mapped to the original document.
Regarding Claim 1, Aghdaei discloses an all-solid state battery (electrochemical cell, more specifically a solid state cell [Page 1 Lines 19-20]) comprising a first electrode layer, an electrolyte layer, a second electrode layer, a current collector layer, and a protective cover, stacked in that order [Page 3 Lines 21-25]. Aghdaei discloses that an additional current collector is provided with the first electrode layer [Page 8 Lines 2-3]. Aghdaei discloses that the first electrode layer can be the cathode layer [Page 9 Line 7], and further discloses that the first electrode is a lithium containing cathode [Page 10 Lines 9-11], thus comprising cathode active material (lithium).
Thus, Aghdaei discloses an all solid state battery (electrochemical cell) comprising an anode current collector (“current collector” Item 12 Figure 1a), an intermediate layer (“second electrode layer” Item 10 Figure 1a) on one surface of the anode current collector, a solid electrolyte layer (“electrolyte layer” Item 8 Figure 1a) on the intermediate layer, a cathode active material layer (first electrode is a “lithium containing cathode” Item 6 Figure 1a) on the solid electrolyte layer, a cathode current collector (“further current collector”, not shown in figures) on the cathode active material layer (provided on the first electrode layer [Page 2 Lines 10-11], not shown in figures), and further a reinforcement layer disposed on another surface of the anode current collector (“protective cover” Item 102 Figure 1a) wherein the reinforcement layer comprises a first layer comprising a polymer and a second layer comprising a thermally conductive material (protective cover has plurality of layers comprising first layers comprising polymeric materials and second layers comprising metal or ceramic material) [Page 6 Lines 10-13]. (Examiner notes that metal and ceramic are known to be thermally conductive materials). This is further shown in Annotated Figure 1a below:
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Aghdaei Annotated Figure 1a
Regarding Claim 2, Aghdaei discloses that the first layer contacts the another surface of the anode current collector as shown above in Annotated Figure 1a [Page 16 Lines 12-15].
Regarding Claim 4, Aghdaei discloses that the first layer has a thickness of 1-10µm, more specifically 3-7 µm [Page 6 Line 15], which falls within the claimed range. In regards to the thickness of the first layer, the Examiner directs Applicant to MPEP 2131.03 I. In the case where the prior art “discloses a point within the claimed range, the prior art anticipates the claim”. UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679, 687, 2023 USPQ2d 448 (Fed. Cir. 2023). Accordingly, the thickness disclosed in Aghdaei anticipates the claimed range set forth in Claim 4. See MPEP 2131.03 I.
Regarding Claim 6, as mentioned with regards to Claim 4 above, Aghdaei discloses that the first layer has a thickness of 3-7 µm [Page 6 Line 15-16]. Further, Aghdaei discloses that the second layer has a thickness of 20 nm-2 µm [Page 6 Lines 16-17]. Thus Aghdaei discloses that the ratio T2/T1, wherein T2 is the thickness of the second layer and T1 is the thickness of the first layer, is from 20 nm/7 µm, or 0.003, to 2 µm/3 µm, or 0.67, which overlaps the claimed range. In regards to the thickness ratio of the second layer to the first layer, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Aghdaei because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding Claim 11, Aghdaei discloses that the intermediate layer (electrode layer 10 as the anode, Figure 1a) [Page 9 Lines 7-8] has a thickness of 500 nm – 5 µm [Page 9 Line 12], which overlaps with the claimed range. In regards to the thickness of the intermediate layer, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Aghdaei because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Aghdaei as applied to claim 1 above, and further in view of Lee et al US 2015/0380721 A1.
Regarding Claim 3, Aghdaei discloses that the first layer comprises a polymer material such as epoxy resin [Page 7 Lines 1-2]. However, Aghdaei is silent as to the first layer specifically comprising one of the claimed materials.
Lee discloses a reinforcement layer (Figure 2 pouch item 20 comprising exterior members 201 & 202) for a battery [0035], wherein the reinforcement layer is on the outer surface of the electrode assembly (pouch receives electrode assembly [0060]; exterior members cover electrode assembly [0062]), similar to the structure of Aghdaei wherein the reinforcement layer is on the outer surface of the electrode assembly, as further shown in Annotated Lee Figure 2 and Annotated Aghdaei Figure 1a below:
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Annotated Lee Figure 2 & Annotated Aghdaei Figure 1a
Lee discloses that the reinforcement layer (exterior member) comprises a first polymer sheet (Figure 2 Item 21) and a second polymer sheet (Figure 2 Item 22) layered with a metal sheet (Figure 2 Item 23) in-between [0061], similar to the layered structure of Aghdaei’s reinforcement layer described with regards to Claim 1 comprising first layers made of polymer stacked alternately with second layers made of metal (Figure 1a Items 104, 108, 112 & Items 106, 110, 114). Lee discloses that the polymer layers (Figure 2 Items 21 & 22) can comprise polymers such as PET (polyethylene terephthalate), nylon, or a PET nylon complex [0061].
Lee discloses that the polymer layers perform the role of providing insulation and bonding for the layered structure, as well protection [0061].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to use the suggested material of polyethylene terephthalate (PET) of Lee as the polymer in the first layer of Aghdaei to provide a reinforcement layer that has good insulation, layer to layer bonding, and provides protection.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Aghdaei as applied to claim 1 above, and further in view of Tajima et al. US 2016/0329533 A1.
Regarding Claim 5, Aghdaei is relied upon for the reasons given above in addressing Claim 1, however fails to disclose that the second layer comprises graphene, graphene oxide, or reduced graphene oxide.
Tajima discloses an electrode assembly (“inner structure” Figure 1 Item 117 comprising “stacks”) [0060-0062] comprising an anode current collector, a separator, a cathode active material layer, and a cathode current collector [0075], and a reinforcement layer on the anode current collector (“exterior body” Figure 1 Item 116 that surrounds the electrode assembly) [0060-0062]. Tajmia discloses that the reinforcement layer (“exterior body”) comprises first layers (“exterior films” Figure 1C Items 112 & 113), which are similar to the first layers of Aghdaei comprising polymers, and a second layer (region 111 Figure 1C) in between the first layers [0063], similar to the second layers of Aghdaei comprising metal. This is further illustrated in Tajima Annotated Figures 1B, 1C, and 4B below:
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Tajima Annotated Figures 1B, 1C, 4B
Tajima discloses that the first layers (exterior films) of the reinforcement layer (exterior body) comprise organic material [0072], more specifically polyethylene, polycarbonate, ionomer, or polyamide for the inner layer (Figure 1C Item 112) [0135], and an insulating resin as the outer layer (Figure 1C Item 113) [0135], similar to Aghdaei. Tajima discloses that the second layer (Figure 1 C Item 111) comprises graphene, graphene oxide, or reduced graphene oxide [0063-0068, 0135].
Tajima discloses that the reinforcement layer (exterior body) comprising a layer containing reduced graphene oxide has barrier properties for the battery [0011], and additionally that the reduced graphene oxide provides the reinforcement layer (exterior body) with high flexibility and high mechanical strength [0068].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to replace the metal of Aghdaei’s second layer of the reinforcement layer with the reduced graphene oxide of Tajima’s second layer to provide barrier properties and increased flexibility and mechanical strength to the reinforcement layer.
Additionally, Tajima discloses that the middle layer can have various embodiments, as shown in Figures 1C, 2A-B, & 3A-3C, and can comprise metal, similar to Aghdaei, and/or reduced graphene oxide [0073-0074].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known reinforcement layer component, i.e. reduced graphene oxide of Tajima, for another, i.e. metal of Aghdaei, with reasonable expectation of success. The simple substitution of one reinforcement layer component for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative reinforcement layer components, Tajima demonstrates that these are known equivalents in the art, and the selection of either reinforcement layer component would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Therefore, modified Aghdaei with the modification of Tajima discloses that the second layer comprises graphene, graphene oxide, or reduced graphene oxide.
Claims 7 & 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aghdaei as applied to claim 1 above, and further in view of Kim et al. US 2017/0170523 A1.
Regarding Claim 7, Aghdaei is relied upon for the reasons given above in addressing Claim 1. However, Aghdaei is silent as to a specific reaction zone and non-reaction zone as claimed.
Kim discloses a solid state battery (shown as Item 10 in Figure 3) comprising a cathode layer (Item 14), and electrolyte layer (Item 13), and an intermediate layer (Item 12) (Figure 3), wherein the cathode area is smaller than that of the electrolyte layer or intermediate layer, as shown in Annotated Figure 3 below.
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Annotated Figure 3
Kim discloses that a battery with this configuration operates stably without any short circuits [0013].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to use the alternative configuration of Kim to modify the size of the cathode of Aghdaei to provide a battery with a cathode having a smaller area than that of the electrolyte layer or intermediate layer to achieve a battery that operates stably without short circuits.
Modified Aghdaei discloses a battery wherein the cathode active material layer only overlaps with part of the solid electrolyte layer and the intermediate layer. As stated in the instant specification, the “reaction zone” is the region where the cathode active material layer, solid electrolyte layer, and intermediate layer overlap based on a cross-sectional view [0046] and the remaining region is the “non-reaction zone” [0046]. Thus, modified Aghdaei discloses a reaction zone (region where cathode active material layer, solid electrolyte layer, and intermediate layer overlap) and a non-reaction zone (remaining region), as modified by Kim’s cathode layer configuration.
Modified Aghdaei is silent as to the temperature difference between the reaction zone and the non-reaction zone.
The instant specification states that the reinforcement layer functions to transfer heat from the reaction zone to the non-reaction zone to achieve uniform thermal distribution in the battery [0048]. The instant specification states that the reinforcement layer is able to achieve this by being a thermally conductive material [0049], and by having a thickness ratio of the second layer to the first layer within the range of 0.33-10 [0053].
As mentioned with regards to Claim 1 above, Aghdaei discloses a reinforcement layer comprising a first and second layer, wherein the first layer comprises a polymer and the second layer comprises a thermally conductive material (protective cover has plurality of layers comprising first layers comprising polymeric materials and second layers comprising metal or ceramic material) [Page 6 Lines 10-13]. (Examiner notes that metal and ceramic are known to be thermally conductive materials). As mentioned with regards to Claim 6 above, Aghdaei discloses that the first layer has a thickness of 3-7 µm [Page 6 Line 15-16]. Further, Aghdaei discloses that the second layer has a thickness of 20 nm-2 µm [Page 6 Lines 16-17]. Thus Aghdaei discloses that the ratio T2/T1, wherein T2 is the thickness of the second layer and T1 is the thickness of the first layer, is from 20 nm/7 µm, or 0.003, to 2 µm/3 µm, or 0.67.
Therefore, Aghdaei teaches a reinforcement layer with the same structure as recited in the instant specification, being made of thermally conductive material and having a thickness ratio of the second layer to the first layer within the range of 0.33-10, and therefore it would be expected to, inherently, display the recited properties, namely allowing for uniform thermal distribution as described in the instant specification. Thus, modified Aghdaei with the modification of Kim above discloses a reaction zone and a non-reaction zone wherein the temperature difference between the reaction zone and the non-reaction zone, due to the similarity of Aghdaei’s reinforcement layer to that of the instant invention, would be expected to meet the limitations set forth in the claim limitation wherein the temperature difference is less than 4.8 °C. See MPEP 2112.01 I.
Thus, modified Aghdaei discloses a battery that meets the limitations of Claim 7.
Regarding Claim 8, Aghdaei discloses that the thickness of the electrolyte layer is 1-5 µm [Page 9 Line 14], and that the thickness of the intermediate layer (anode) of 500nm-5µm [Page 9 Line 12], thus Aghdaei discloses that the electrolyte layer and the intermediate layer can have the same area.
As mentioned above with regards to Claim 7, Kim discloses that the cathode area is smaller than that of the electrolyte layer or intermediate layer, as shown in Annotated Figure 3 below.
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Annotated Figure 3
Thus modified Aghdaei with the modification of Kim above in regards to Claim 7 discloses that the area of the cathode is smaller than that of the electrolyte layer or the intermediate layer.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Aghdaei as applied to claim 1 above, and further in view of Li et al. WO 2021/208093 A1. Citations of Li are mapped to the machine translation.
Regarding Claim 9, Aghdaei discloses that the intermediate layer (electrode layer 10 Figure 1a) comprises lithium [Page 2 Lines 1-4], which is capable of forming an alloy with lithium, however is silent as to the intermediate layer comprising both carbon and a metal powder capable of alloying with lithium.
Li discloses a negative electrode plate (negative pole piece) for a secondary battery [Page 1 Lines 47-50], wherein the negative electrode plate comprising a composite current collector and an intermediate layer (negative active material layer) [Page 1 Lines 47-50], similar to that of Aghdaei. Li discloses that the intermediate layer (negative active material layer) comprises a silicon-based material [Page 1 Lines 50-51]. Li further discloses that the silicon-based material in the intermediate layer (negative active material layer) comprises one or more of elemental silicon, silicon alloys (SiGe or SiTi), and silicon-carbon composites (silicon mixed and sintered with carbon) [Page 4 Lines 30-36].
In the instant specification, silicon is listed as being a suitable “metal powder capable of alloying with lithium” [0020-0021].
Thus Li discloses an intermediate layer (negative electrode active material layer) that comprises both carbon and a metal powder capable of alloying with lithium (silicon). Examiner notes that while Li does not specifically mention silicon in the form of a “powder”, Li discloses that the silicon-carbon composites are formed by combining silicon material and carbon material through sintering [Page 4 Lines 35-36], which indicates the silicon is in the form of a powder, and additionally Li discloses specific particle sizes of the silicon-based material [Page 4 Lines 51-59], which further indicates that the silicon is in the form of a powder.
Li discloses that the silicon-based material has a high capacity [Page 4 Lines 17-20], which is beneficial to improve the volumetric energy density of the battery [Page 4 Line 20].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the intermediate layer of Aghdaei to comprise the silicon-based material of Li to provide a battery with improved volumetric energy density.
Thus, modified Aghdaei discloses that the intermediate layer, as modified by Li, comprises carbon and a metal powder (silicon).
Regarding Claim 10, as mentioned with regards to Claim 9 above, modified Aghdaei discloses that the metal powder is silicon [Li Page 4 Lines 30-36].
Response to Arguments
Applicant argues that Aghdaei does not teach a reinforcement layer disposed on another surface of the anode current collector. Examiner respectfully points out that the protective layer (Figure 1a Item 102) of Aghdaei was used to teach the reinforcement layer as claimed in claim 1, as stated in the rejection above. As shown in Figure 1a, Aghdaei discloses that the protective layer is layered on the surface of the anode current collector. Examiner points out that the claim as presently written is not limited to other layers being interposed between the reinforcement layer and the surface of the anode current collector, thus the configuration of the protective layer layered on the surface of the anode current collector as shown in Aghdaei Figure 1a reads on claim 1. Accordingly, for the reasons stated above, this argument is unpersuasive.
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.
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/A.E.G./Examiner, Art Unit 1726
/DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726