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 3/19/2026 does not place the application in condition for allowance.
In view of the amendment to claim 1, the rejection under 35 U.S.C. 112(a) is withdrawn.
The rejection under 35 U.S.C. 103 of claims 1-4, 6-14, 16-23, and 25-29 has been maintained.
The addition of claim 30 is acknowledged.
Response to Arguments
Applicant's arguments filed 3 have been fully considered but they are not persuasive.
Regarding applicants’ argument that Kuriki can but does not necessarily provide a heating substrate mechanism and therefore the films are not always formed at 700, Kuriki describes placing the targets for the active material layer (LiCoO2 target) and the current collector layer(Ti target) in the film formation chamber and then heating it to 700 C (¶[0038]) for film formation. While the system may not always use 700 C as the film formation temperature it is selected in some cases resulting in the required materials.
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.
Claims 1-4, 6-14, 16-23, and 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Kuriki (WO2020222065A1, reference made to US20220209214A1 as English translation) .
Regarding claims 1 and 2, Kuriki discloses a positive electrode containing a substrate (50) a current collector(201, Ti and TiN film, see ¶[0039]) and an active material (204) over the current collector (Fig. 5, ¶[0074]). Kuriki further discloses the active material is lithium cobalt oxide, the current collector is titanium, and an additional layer between the current collector and active material is titanium nitride (¶[0039]).
The method of fabrication of the positive electrode includes sputtering the titanium current collector (201), using a titanium target onto a quartz, glass, or plastic substrate (¶[0057]), then reactive sputtering a titanium nitride layer using the same Ti target but introducing argon and nitrogen gas, then sputtering the active material layer (204) (¶[0039]) using a lithium cobalt oxide target, all performed high temperature (i.e. 700° C, ¶[0038]). This method uses substantially the same conditions and starting materials as presented in the instant application which include formation of the films within the temperature range >300° C - 1000° C and preferably 400° C - 700° C for excellent crystallinity (¶[0126] of the instant specification), forming a titanium current collector by sputtering using a titanium target onto a glass or resin substrate, then reactive sputtering a titanium nitride layer using a titanium target with argon and nitrogen gas, and then sputtering on an active layer using a lithium cobalt oxide target. Therefore, the positive electrode deposited layers deposited in the same order under substantially the same conditions would inherently have the same physical properties such as the positive electrode material (lithium cobalt oxide) having a layered rock-salt structure belonging to the R-3m space group, and wherein a (00l) plane of the positive electrode material film is not parallel to the first surface of the substrate and wherein in an out-of-plane X ray diffraction of the positive electrode active material film, a (116) plane in a range where an angle 2θ is greater than or equal to 77° and less than or equal to 81° and an angle ψ is greater than or equal to 0° and less than or equal to 5° and the titanium nitride film would have a crystallinity.
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).”
"The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). (see MPEP § 2123.I)
Regarding claim 3, Kuriki discloses a positive electrode according to claim 1, wherein the deposition of the active material (lithium cobalt oxide) on top of the titanium nitride and titanium current collector using the same method and starting materials as the instant specification (see rejection of claim 1) therefore one of ordinary skill in the art would recognize it would produce the same product such that the crystal orientation of the positive electrode current collector film is aligned with a crystal orientation of the positive electrode active material film as well.
Regarding claim 4, Kuriki discloses a positive electrode according to claim 1 wherein the substrate is a glass substrate or a plastic/resin substrate (¶[0057]).
Regarding claim 6, Kuriki discloses a positive electrode according to claim 5 wherein the positive electrode current collector film comprises a titanium film and a titanium nitride film, and are formed in this order over the substrate and the active material 204 is formed on top of these two layers (¶[0074], Fig. 5).
Regarding claim 7, Kuriki discloses a positive electrode according to claim 6, wherein the titanium film (201) and the titanium nitride film are produced a the method using substantially the same starting materials and conditions of the instant specification (see rejection of claim 1) therefore one of ordinary skill in the art would recognize it would produce the same product such that the titanium film comprises a crystal structure belonging to a space group P63/mmc and a (101) orientation and the titanium nitride film comprises a crystal structure belonging to a space group Fm-3m and a (311) orientation and the positive electrode active material film comprises a (116) orientation.
Regarding claim 8, Kuriki discloses a positive electrode according to claim 7, wherein the positive electrode active material film comprises at least one of cobalt (see lithium cobalt oxide, ¶[0039]).
Regarding claim 9, Kuriki discloses a positive electrode according to claim 7, a solid electrolyte (202) and a negative electrode (203 and 205) (Fig. 5, ¶[0039]).
Regarding claim 10, Kuriki discloses a positive electrode according to claim 9, a secondary battery and a circuit (IC, i.e. integrated circuit) which can be charged and an antenna (¶[0085], Fig. 7B).
Regarding claims 11 and 12, Kuriki discloses a positive electrode containing a substrate (50) a current collector(201 and TiN film, see ¶[0039]) and an active material (204) over the current collector (Fig. 5, ¶[0074]). Kuriki further discloses the active material is lithium cobalt oxide, the current collector is titanium, and an additional layer between the current collector and active material is titanium nitride (¶[0039]).
The method of fabrication of the positive electrode includes sputtering the titanium current collector (201), using a titanium target onto a quartz, glass, or plastic substrate (¶[0057]), then reactive sputtering a titanium nitride layer using the same target but introducing argon and nitrogen gas, then sputtering the active material layer (204) (¶[0039]) using a lithium cobalt oxide target performed high temperature (i.e. 700° C, ¶[0038]), thereby presenting substantially the same conditions and starting materials as presented in the instant application which include formation of the films within the temperature range >300° C - 1000° C and preferably 400° C - 700° C for excellent crystallinity (¶[0142] of the instant specification), forming a titanium current collector by sputtering using a titanium target onto a glass or resin substrate, then reactive sputtering a titanium nitride layer using a titanium target with argon and nitrogen gas, and then sputtering on an active layer using a lithium cobalt oxide target. Therefore, the positive electrode deposited layers deposited in the same order under substantially the same conditions would inherently have the same physical properties such as the positive electrode material (lithium cobalt oxide) having a layered rock-salt structure belonging to the R-3m space group, the angle between the 00l plane of the positive electrode material film and the first surface of the substrate is greater than 5° and wherein in an out-of-plane X ray diffraction of the positive electrode active material film, a (116) plane in a range where an angle 2θ is greater than or equal to 77° and less than or equal to 81° and an angle ψ is greater than or equal to 0° and less than or equal to 5° and the titanium nitride film would have a crystallinity.
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).”
"The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). (see MPEP § 2123.I)
Regarding claim 13, Kuriki discloses a positive electrode according to claim 1, wherein the deposition of the active material (lithium cobalt oxide) on top of the titanium nitride and titanium current collector using the same method and starting materials as the instant specification (see rejection of claim 1) therefore one of ordinary skill in the art would recognize it would produce the same product such that the crystal orientation of the positive electrode current collector film is aligned with a crystal orientation of the positive electrode active material film as well.
Regarding claim 14, Kuriki discloses a positive electrode according to claim 1 wherein the substrate is a glass substrate or a plastic/resin substrate (¶[0057]).
Regarding claim 16, Kuriki discloses a positive electrode according to claim 5 wherein the positive electrode current collector film is the stacked layer of a titanium film and a titanium nitride film, and are formed in this order over the substrate and the active material 204 is formed on top of these two layers (¶[0074], Fig. 5).
Regarding claim 17, Kuriki discloses a positive electrode according to claim 6, wherein the titanium film (201) and the titanium nitride film are produced a the method using substantially the same starting materials and conditions of the instant specification (see rejection of claim 1) therefore one of ordinary skill in the art would recognize it would produce the same product such that the titanium film comprises a crystal structure belonging to a space group P63/mmc and a (101) orientation and the titanium nitride film comprises a crystal structure belonging to a space group Fm-3m and a (311) orientation and the positive electrode active material film comprises a (116) orientation.
Regarding claim 18, Kuriki discloses a positive electrode according to claim 7, wherein the positive electrode active material film comprises at least one of cobalt (see lithium cobalt oxide, ¶[0039]).
Regarding claim 19, Kuriki discloses a positive electrode according to claim 7, a solid electrolyte (202) and a negative electrode (203 and 205) (Fig. 5, ¶[0039]).
Regarding claim 20, Kuriki discloses a positive electrode according to claim 9, a secondary battery and a circuit (IC, i.e. integrated circuit) which can be charged and an antenna (¶[0085], Fig. 7B).
Regarding claims 21, Kuriki discloses a positive electrode containing a substrate (50) a current collector(201 and TiN film, see ¶[0039]) and an active material (204) over the current collector (Fig. 5, ¶[0074]). Kuriki further discloses the active material is lithium cobalt oxide, the current collector is titanium, and an additional layer between the current collector and active material is titanium nitride (¶[0039]).
The method of fabrication of the positive electrode includes sputtering the titanium current collector (201), using a titanium target onto a quartz, glass, or plastic substrate (¶[0057]), then reactive sputtering a titanium nitride layer using the same target but introducing argon and nitrogen gas, then sputtering the active material layer (204) (¶[0039]) using a lithium cobalt oxide target performed high temperature (i.e. 700° C, ¶[0038]), thereby presenting substantially the same conditions and starting materials as presented in the instant application which include formation of the films within the temperature range >300° C - 1000° C and preferably 400° C - 700° C for excellent crystallinity (¶[0142] of the instant specification), forming a titanium current collector by sputtering using a titanium target onto a glass or resin substrate, then reactive sputtering a titanium nitride layer using a titanium target with argon and nitrogen gas, and then sputtering on an active layer using a lithium cobalt oxide target. Therefore, the positive electrode deposited layers deposited in the same order under substantially the same conditions would inherently have the same physical properties such as wherein in a wide-angle reciprocal space map of the positive electrode active material film, at least a first spot and a second spot are observed, wherein a peak of the first spot is in a range where an angle 2θ is greater than or equal to 17° and less than or equal to 21° and an angle ψ is greater than or equal to 45° and less than or equal to 70°, and wherein a peak of the second spot is in a range where an angle 2θ is greater than or equal to 43° and less than or equal to 47° and an angle ψ is greater than or equal to 10° and less than or equal to 35° and the titanium nitride film would have a crystallinity.
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).”
"The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). (see MPEP § 2123.I)
Regarding claim 22, Kuriki discloses a positive electrode according to claim 1, wherein the deposition of the active material (lithium cobalt oxide) on top of the titanium nitride and titanium current collector using the same method and starting materials as the instant specification (see rejection of claim 1) therefore one of ordinary skill in the art would recognize it would produce the same product such that the crystal orientation of the positive electrode current collector film is aligned with a crystal orientation of the positive electrode active material film as well.
Regarding claim 23, Kuriki discloses a positive electrode according to claim 1 wherein the substrate is a glass substrate or a plastic/resin substrate (¶[0057]).
Regarding claim 25, Kuriki discloses a positive electrode according to claim 5 wherein the positive electrode current collector film is the stacked layer of a titanium film and a titanium nitride film, and are formed in this order over the substrate and the active material 204 is formed on top of these two layers (¶[0074], Fig. 5) .
Regarding claim 26, Kuriki discloses a positive electrode according to claim 6, wherein the titanium film (201) and the titanium nitride film are produced a the method using substantially the same starting materials and conditions of the instant specification (see rejection of claim 1) therefore one of ordinary skill in the art would recognize it would produce the same product such that the titanium film comprises a crystal structure belonging to a space group P63/mmc and a (101) orientation and the titanium nitride film comprises a crystal structure belonging to a space group Fm-3m and a (311) orientation and the positive electrode active material film comprises a (116) orientation.
Regarding claim 27, Kuriki discloses a positive electrode according to claim 7, wherein the positive electrode active material film comprises at least one of cobalt (see lithium cobalt oxide, ¶[0039]).
Regarding claim 28, Kuriki discloses a positive electrode according to claim 7, a solid electrolyte (202) and a negative electrode (203 and 205) (Fig. 5, ¶[0039]).
Regarding claim 29, Kuriki discloses a positive electrode according to claim 9, a secondary battery and a circuit (IC, i.e. integrated circuit) which can be charged and an antenna (¶[0085], Fig. 7B).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Kuriki (WO2020222065A1, reference made to US20220209214A1 as English translation) and further in view of over Kuriki2 (WO2020250078A1, reference made to US 20220231285A1 as English translation) .
Regarding claim 30, Kuriki discloses secondary battery(¶[0010]) containing a positive electrode according to claim 1, a solid electrolyte (202) and a negative electrode (203 and 205) (Fig. 5, ¶[0039]) wherein the negative electrode contains a silicon based active material film, but does not disclose wherein the negative electrode active material film comprises vanadium oxide.
Kuriki2, related to solid state batteries, teaches a solid state battery with a negative electrode film which may contain vanadium oxide as an alternative to silicon based materials(¶[0091]).
One of ordinary skill in the art would have recognized substituting the silicon based negative electrode material of Kuriki for the vanadium oxide material of Kuriki2 would have resulted in a functional electrode.
Therefore it would have been obvious to have substituted the silicon based negative electrode material of Kuriki for the vanadium oxide material of Kuriki2 to create a functional electrode.
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Conclusion
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/K.J.A./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 17 June 2026
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