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
Applicant’s amendments filed September 9, 2025 have been entered. Claims 1-2, 5, 9, 11 have been amended; support for the amendments can be found at least in the cancelled claims and Figures 4A-4B. Claims 4, 8, 10, and 12-20 have been cancelled. Claims 21-24 are new. Claims 1-3, 5-7, 9, 11, and 21-24 remain pending and have been examined on their merits in this office action.
Response to Arguments
Applicant’s arguments filed September 9, 2025 have been fully considered. Applicant argues that a) Park in view of Yamada does not does not teach or suggest a cell including a solid electrolyte and a solid electrolyte electrical insulation layer with the solid electrolyte electrical insulation layer being sandwiched between the solid electrolyte and a first part of a (second) electrode, the first part of the electrode being sandwiched between a main portion of a current collector and the solid electrolyte electrical insulation layer, and a second part of the electrode being sandwiched between a tab region of the current collector and the solid electrolyte electrical insulation layer, wherein the solid electrolyte electrical insulation layer neither overhangs nor is overhung by the second part of the electrode, pursuant to the above-emphasized features of rewritten independent claim 11.
Regarding argument A, Applicant’s argument has been fully considered but are considered moot in view of the new grounds of rejection below in view of Applicant’s amendments to the independent claims 1 and 11.
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 1-3, 5-7, 9, 11, and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Kretschmar et al. (Published Patent Application US 20140272537 A1) in view of Zeng et al. (Published U.S. Patent Application US 2022/0359959 A1), hereinafter referred to as Kretschmar and Zeng.
Regarding claim 1, Kretschmar teaches an electrochemical cell (see e.g., Abstract) wherein solid electrolyte may also function as a separator (“a solid-state battery cell”) (see e.g., paragraph [0049]). Kretschmar teaches an electrochemical cell 400 that includes a first electrode layer 402 (“a first electrode”), a separator layer 404 (“a solid electrolyte”), and a second electrode layer 406 (“a second electrode, the second electrode having a first part and a second part”) (see e.g., paragraph [0058] and Annotated Figure 4). Kretschmar teaches the first electrode layer 402, the separator layer 404, and the second electrode layer 406 are arranged in a stack in which the separator layer 404 is sandwiched between the first electrode layer 402 and the first part of the second electrode layer 406 (“the first electrode, the second electrode, and the solid electrolyte being arranged in a stack with the solid electrolyte being sandwiched between the first electrode and the first part of the second electrode”) (see e.g., Annotated Figure 4 and Figure 6). Kretschmar teaches the first electrode layer 402 has a larger surface area than the second electrode layer 406 as demonstrated in Figure 4 with the folds of the first electrode layer 402 (“the first electrode having a surface area larger than a surface area of the second electrode”) (see e.g., Annotated Figure 4). Kretschmar teaches where the first electrode layer 402 overhangs the first part of the second electrode layer 406 and the first part of the first electrode layer 402 overhangs the second electrode layer 406 (“the first electrode overhanging the first part of the second electrode and the second part of the second electrode overhanging the first electrode in the stack”) (see e.g., Annotated Figure 4). Kretschmar teaches the layer 406 includes a substrate 412 (e.g., a current collector) and be intermittently coated on one side with active material 414 and contact areas or regions 416 (“a current collector having a main portion and a tab region extending therefrom”) (see e.g., paragraph [0061]). Kretschmar teaches the current collector 412 is sandwiches the separator layer 404 and the first part of the second electrode layer 406 (“the current collector being arranged in the stack with the first part of the second electrode being sandwiched between the main portion of the current collector and the solid electrolyte”) (see e.g., Annotated Figure 4 and Figure 6). Kretschmar teaches the contact areas 416 sandwich the separator 404 and the second part of the second electrode layer 406 (“the current collector being arranged in the stack with the second part of the second electrode being sandwiched on one side by the tab region of the current collector”) (see e.g., Annotated Figure 4 and Figure 6).
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Annotated Figure 4
Kretschmar does not explicitly teach wherein the solid electrolyte neither overhangs nor is overhung by the first electrode.
However, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the electrode assembly of Kretschmar to rearrange the separator layer 404 together with the first electrode layer 402 instead of with the second electrode layer 406 as Kretschmar teaches other embodiments such as the electrochemical cell 100 in which the separator layer is placed over a section of the first electrode layer in order to prevent shorting and allow for the formation of a cell with relatively even pressure distribution (see e.g., paragraph [0012]) as well as it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Kretschmar does not explicitly teach an electrical insulation layer, the second part of the second electrode being sandwiched on an opposite side by the electrical insulation, wherein the electrical insulation layer neither overhangs nor is overhung by the second part of the second electrode
However, Zeng teaches an electrochemical cell assembly (see e.g., Abstract) in which an electrolyte may be a solid state electrolyte (see e.g., paragraph [0051]). Zeng teaches a positive electrolyte 30 that includes a first positive current collector 32 and one or more first positive electroactive material layers 34 disposed thereon (see e.g., paragraph [0054]). Zeng teaches the first positive current collector 32 has a tab 38 at a terminal edge 39 (“a current collector having a tab region extending therefrom”) (see e.g., paragraph [0054]). Zeng teaches a negative electrode 40 overhanging the tab 38 (“with the first electrode overhanging the tab region of the current collector”) (see e.g., Figure 1). Zeng teaches the tab has a first electrically insulating material disposed thereon (“an electrical insulation layer applied to the tab region of the current collector”) (see e.g., paragraph [0074]) to enhance the performance of the cell by scavenging undesirable species or enhancing availability or reducing consumption of lithium during cycling of the electrochemical cell(s) (see e.g., paragraph [0088]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the second electrode layer of Kretschmar to have a tab region in which the negative electrode overhangs the tab and includes an electrically insulating material disposed thereon, as taught by Zeng, in order to enhance the performance of the cell by scavenging undesirable species or enhancing availability or reducing consumption of lithium during cycling of the electrochemical cell(s) (see e.g., paragraph [0088]).
Regarding claim 2, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 1, as previously described.
Embodiments taught by Kretschmar in which the separator layer is placed with the first electrode layer produce an electrode assembly in which the separator layer has the same surface area of the first electrode layer and would overhang the first part of the second electrode layer (“the solid electrolyte has a surface area that is the same as the surface area of the first electrode with the solid electrolyte together with the first electrode overhanging the first part of the second electrode in the stack”) (see e.g., Annotated Figure 4).
Regarding claim 3, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 2, as previously described.
Krestschmar teaches when the separator layer is placed with the first electrode layer, the separator is placed over a section of the first electrode layer (“wherein the solid electrolyte is assembled to the first electrode prior to the first electrode and the solid electrolyte being arranged in the stack”) (see e.g., Figure 3, Step 302).
Regarding claim 4, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 1, as previously described.
Kretschmar teaches a plurality of substrates 412 in which another different from the described in claim 1 is sandwiched between the solid electrolyte and the first electrode layer 402 (“a second current collector, the second current collector being arranged in the stack with the first electrode being sandwiched between the second current collector and the solid electrolyte”) (see e.g., Figure 6).
Regarding claim 6, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 1, as previously described.
Kretschmar teaches the first electrode may be either an anode or cathode and the second electrode may be either a cathode or an anode (“the first electrode is an anode, and the second electrode is a cathode”) (see e.g., paragraph [0011]).
Regarding claim 7, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 1, as previously described.
Kretschmar teaches the first electrode may be either an anode or cathode and the second electrode may be either a cathode or an anode (“the first electrode is a cathode, and the second electrode is an anode”) (see e.g., paragraph [0011]).
Regarding claim 9, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 1, as previously described.
Kretschmar, as modified by Zeng, does not explicitly teach wherein the electrical insulation layer is a solid electrolyte insulation layer.
However, Zeng teaches the electrically insulating material is an insulating ceramic material or an insulating polymeric material (see e.g., paragraph [0085]). In the Instant Specification, the electrical insulation layer 74 can be made from electrical non-conductors such as solid electrolyte, polymer, or ceramics; therefore, Zeng meets the claim limitation of “the electrical insulation layer is a solid electrolyte electrical insulation layer” as the insulating material of Zeng may be aluminas, silicas, zeolites, fluorine-based polymers, such as polyvinylidene fluoride (PVdF), polyvinyl chloride (PVC), polyvinyl alcohol (PVA), sodium carboxymethyl cellulose, styrene butadiene rubber, polyacrylonitrile, polyimide, and combinations thereof (see e.g., paragraph [0087]), and an active material may be a lithium ion-exchanged zeolite material (see e.g., paragraph [0088]) that enhances the performance of the lithium-ion electrochemical cell assembly by scavenging undesirable species or enhancing availability or reducing consumption of lithium during cycling of the electrochemical cell(s) (see e.g., paragraph [0088]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the electrical insulating material of Kretschmar, as modified by Zeng, to be an electrical non-conductor, as taught by Zeng, in order to enhance the performance of the lithium-ion electrochemical cell assembly by scavenging undesirable species or enhancing availability or reducing consumption of lithium during cycling of the electrochemical cell(s) (see e.g., paragraph [0088]).
Regarding claim 11, Kretschmar teaches an electrochemical cell (see e.g., Abstract) wherein solid electrolyte may also function as a separator (“a solid-state battery cell”) (see e.g., paragraph [0049]). Kretschmar teaches an electrochemical cell 400 that includes a first electrode layer 402 (“a first electrode”), a separator layer 404 (“a solid electrolyte”), and a second electrode layer 406 (“a second electrode, the second electrode having a first part and a second part”) (see e.g., paragraph [0058] and Annotated Figure 4). Kretschmar teaches the first electrode layer 402, the separator layer 404, and the second electrode layer 406 are arranged in a stack in which the separator layer 404 is sandwiched between the first electrode layer 402 and the first part of the second electrode layer 406 (“the first electrode, the second electrode, and the solid electrolyte being arranged in a stack with the solid electrolyte being sandwiched between the first electrode and the first part of the second electrode”) (see e.g., Annotated Figure 4 and Figure 6). Kretschmar teaches the first electrode layer 402 has a larger surface area than the second electrode layer 406 as demonstrated in Figure 4 with the folds of the first electrode layer 402 (“the first electrode having a surface area larger than a surface area of the second electrode”) (see e.g., Annotated Figure 4). Kretschmar teaches where the first electrode layer 402 overhangs the first part of the second electrode layer 406 and the first part of the first electrode layer 402 overhangs the second electrode layer 406 (“the first electrode overhanging the first part of the second electrode and the second part of the second electrode overhanging the first electrode in the stack”) (see e.g., Annotated Figure 4). Kretschmar teaches the layer 406 includes a substrate 412 (e.g., a current collector) and be intermittently coated on one side with active material 414 and contact areas or regions 416 (“a current collector having a main portion and a tab region extending therefrom”) (see e.g., paragraph [0061]). Kretschmar teaches the current collector 412 is sandwiches the separator layer 404 and the first part of the second electrode layer 406 (“the current collector being arranged in the stack with the first part of the second electrode being sandwiched between the main portion of the current collector and the solid electrolyte”) (see e.g., Annotated Figure 4 and Figure 6). Kretschmar teaches the contact areas 416 sandwich the separator 404 and the second part of the second electrode layer 406 (“the current collector being arranged in the stack with the second part of the second electrode being sandwiched on one side by the tab region of the current collector”) (see e.g., Annotated Figure 4 and Figure 6).
Kretschmar does not explicitly teach wherein the solid electrolyte neither overhangs nor is overhung by the first electrode.
However, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the electrode assembly of Kretschmar to rearrange the separator layer 404 together with the first electrode layer 402 instead of with the second electrode layer 406 as Kretschmar teaches other embodiments such as the electrochemical cell 100 in which the separator layer is placed over a section of the first electrode layer in order to prevent shorting and allow for the formation of a cell with relatively even pressure distribution (see e.g., paragraph [0012]) as well as it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Kretschmar does not explicitly teach an electrical insulation layer, the second part of the second electrode being sandwiched on an opposite side by the electrical insulation, wherein the electrical insulation layer neither overhangs nor is overhung by the second part of the second electrode
However, Zeng teaches an electrochemical cell assembly (see e.g., Abstract) in which an electrolyte may be a solid state electrolyte (see e.g., paragraph [0051]). Zeng teaches a positive electrolyte 30 that includes a first positive current collector 32 and one or more first positive electroactive material layers 34 disposed thereon (see e.g., paragraph [0054]). Zeng teaches the first positive current collector 32 has a tab 38 at a terminal edge 39 (“a current collector having a tab region extending therefrom”) (see e.g., paragraph [0054]). Zeng teaches a negative electrode 40 overhanging the tab 38 (“with the first electrode overhanging the tab region of the current collector”) (see e.g., Figure 1). Zeng teaches the tab has a first electrically insulating material disposed thereon (“an electrical insulation layer applied to the tab region of the current collector” and “wherein the solid electrolyte insulation layer neither overhangs nor is overhung by the second part of the second electrode”) (see e.g., paragraph [0074]) to enhance the performance of the cell by scavenging undesirable species or enhancing availability or reducing consumption of lithium during cycling of the electrochemical cell(s) (see e.g., paragraph [0088]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the second electrode layer of Kretschmar to have a tab region in which the negative electrode overhangs the tab and includes an electrically insulating material disposed thereon and would neither overhand nor overhung the positive electrode, as taught by Zeng, in order to enhance the performance of the cell by scavenging undesirable species or enhancing availability or reducing consumption of lithium during cycling of the electrochemical cell(s) (see e.g., paragraph [0088]).
Regarding claim 21, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 11, as previously described.
Embodiments taught by Kretschmar in which the separator layer is placed with the first electrode layer produce an electrode assembly in which the separator layer has the same surface area of the first electrode layer and would overhang the first part of the second electrode layer (“the solid electrolyte has a surface area that is the same as the surface area of the first electrode with the solid electrolyte together with the first electrode overhanging the first part of the second electrode in the stack”) (see e.g., Annotated Figure 4).
Regarding claim 22, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 11, as previously described.
Krestschmar teaches when the separator layer is placed with the first electrode layer, the separator is placed over a section of the first electrode layer (“wherein the solid electrolyte is assembled to the first electrode prior to the first electrode and the solid electrolyte being arranged in the stack”) (see e.g., Figure 3, Step 302).
Regarding claim 23, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 11, as previously described.
Kretschmar teaches the first electrode may be either an anode or cathode and the second electrode may be either a cathode or an anode (“the first electrode is an anode, and the second electrode is a cathode”) (see e.g., paragraph [0011]).
Regarding claim 24, Kretschmar, as modified by Zeng, teaches the instantly claimed invention of claim 11, as previously described.
Kretschmar teaches the first electrode may be either an anode or cathode and the second electrode may be either a cathode or an anode (“the first electrode is a cathode, and the second electrode is an anode”) (see e.g., paragraph [0011]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/KATHERINE N HIGGINS/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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