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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regard to independent claim 1, the limitation “capable of following deformation in a lamination direction” (in the 5th line of the claim) is indefinite, as the phrase “following deformation” has an unclear meaning. Should “following” be replaced with “conforming to” (or similar term)? Correction and clarification are required.
With regard to independent claim 1, the limitation “wherein the first conductor and the second conductor are conducted by a state change of the laminated body” (in the last two lines of the claim) is indefinite, as the phrase “conducted by a state change” has an unclear meaning with respect to the first conductor and the second conductor being established as “conductors”, such that it is believed that any state of the laminated body would not change properties of the claimed first and second conductors (as being “non-conductors” or otherwise). Correction and clarification are required.
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, 6, 7, 11, 13, 15, and 16 insofar as definite (in view of the 35 USC 112(b) rejections applied to independent claim 1 as described above) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2021-72262 A, of which a copy of the Japanese document with a machine translation is provided with this Office Action.
Regarding independent claim 1, JP ‘262 discloses an all-solid-state battery (abstract; pages 3-13 of translation under the heading “DESCRIPTION-OF-EMBODIMENTS”; and Figures 1-5), in which the all-solid-state battery comprises the following structural features (also refer to annotated Figure 2 of JP ‘262 below):
a laminated body in which a positive electrode layer (13), a solid electrolyte layer (17), and a negative electrode layer (15) are laminated (see pages 4 and 5 of translation; Figures 3-5; and annotated Figure 2);
an outer package (laminated film (29)) configured to enclose and seal in the laminated body, wherein the outer package (29) would be capable of deforming in a lamination (or any) direction of the laminated body (see annotated Figure 2 below); and
an overcharge suppression part configured to be enclosed and sealed in the outer package (29) together with the laminated body (see annotated Figure 2 below), and being capable of short-circuiting a positive electrode collector (11’) of the positive electrode layer (13) and a negative electrode collector (11”) of the negative electrode layer (15), wherein the overcharge suppression part includes a first conductor extending from one of the positive electrode collector (11’) and the negative electrode collector (11”), and a second conductor extending from another of the positive electrode collector (11’) and the negative electrode collector (11”) and separated from the first conductor (see annotated Figure 2 below), wherein the first conductor and the second conductor are conductive with respect to the laminated body. With regard to the (process step and/or functional) limitation “conducted by a state change of the laminated body” in the last two lines of the claim (and rejected under 35 USC 112(b) in the above section), it is noted that the “all-solid-state battery” claims are rejected based on structural features (of the apparatus), wherein the step(s) of performing operation of the apparatus impart(s) no patentable weight. In this instance, the all-solid-state battery would be capable of performing the claimed function per MPEP 2114.
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Regarding claim 2, the first conductor and the second conductor are brought into contact and would be capable of being conducted by expansion in the lamination direction of the laminated body (see annotated Figure 2 of JP ‘262 above). With regard to the (process step and/or functional) limitation “conducted by expansion…” in the 3rd line of the claim, it is noted that the “all-solid-state battery” claims are rejected based on structural features (of the apparatus), wherein the step(s) of performing operation of the apparatus impart(s) no patentable weight. In this instance, the all-solid-state battery would be capable of performing the claimed function per MPEP 2114.
Regarding claim 6, the first conductor includes a first electric contact part, the second conductor includes a second electric contact part to be brought into contact with the first electric contact part by the expansion, wherein the first electric contact part and the second electric contact part are flat surfaces (see annotated Figure 2 above).
Regarding claim 7, the first conductor includes a first electric contact part, the second conductor includes a second electric contact part to be brought into contact with the first electric contact part by the expansion, the first conductor includes an inclined part inclined in a direction of approaching the second electric contact part, and the first electric contact part is provided on an end of the inclined part closer to the second electric contact part (see annotated Figure 2 of JP ‘262 above).
Regarding claim 11, JP ‘262 discloses first and second lead tabs (part of (25,27)), wherein the laminated body is arranged between the first and second lead tabs, the outer package (29) has a rectangular shape having four sides as viewed in the lamination direction, and the overcharge suppression part is positioned between the laminated body and a side provided with the first lead tab or the second lead tab among the four sides (see the last two full paragraphs on page 3 of translation beginning with “As shown in FIG. 2…”; and annotated Figure 2 of JP ‘262 above).
Regarding claim 13, the negative electrode layer (15) includes a lithium-based material as a negative electrode active material (see the last full paragraph on page 6 of translation under the heading “Negative electrode active material layer”).
Regarding claim 15, the first conductor includes a first electric contact part, the second conductor includes a second electric contact part to be brought into contact with the first electric contact part by the expansion, and the first conductor includes a part covered with an insulating layer in the form of a portion of the laminated body (see annotated Figure 2 of JP ‘262 above).
Regarding claim 16, JP ‘262 discloses a lead tab (part of (25,27)) and a collector tab (another part of (25,27)), wherein the overcharge suppression part is provided independent of the lead tab and the collector tab (see annotated Figure 2 above).
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.
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.
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 3, 4, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2021-72262 A in view of JP 2003-109668 A, of which a copy of the Japanese document with a machine translation was provided with the Information Disclosure Statement dated October 31, 2025.
JP ‘262 discloses the features of the all-solid-state battery of independent claim 1 above, but does not disclose that the overcharge suppression part includes a hot melt material interposed between the first and second conductors (of claim 3), wherein the first and second conductors are conducted (reversibly by expansion of the laminated body, and irreversibly by heat generation of the laminated body of claim 4) by melting of the hot melt material to serve as a biasing member (of claim 10), wherein the hot melt material has a lower melting point than a binder included in any one of the positive electrode layer, the negative electrode layer, or the solid electrolyte layer (of claim 12).
However, JP ‘668 discloses a solid-state lithium ion secondary battery (abstract; paragraphs [0010]-[0019] and [0023] of translation; and Figures 1-3), in which the solid-state battery (10) includes a laminated body formed of a polymer electrolyte layer (17), wherein film-like insulating members (18) made of a temperature-sensitive material (having a melting point of 80°C to 180°C to serve as a hot melt material) are provided on both side edges of the polymer electrolyte layer (17), such that when the solid-state battery (10) is overcharged and generates heat to exceed 130°C (melting point of polyethylene as a selected copolymer if used as the insulating members (18) and having a lower melting point than a binder in any of the positive electrode layer (11), the negative electrode layer (14), or the solid electrolyte layer (17)), the copolymer is reliably dissolved or softened (to serve as a biasing member) inside the battery (10) to cause an internal short circuit, thus allowing the overcharged battery to be internally discharged, effectively suppressing heat generation (see paragraphs [0016], [0017], and [0019] of translation).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the overcharge suppression part of the all-solid-state battery, as disclosed by JP ‘262, by using the hot melt material interposed between the first and second conductors, wherein the first and second conductors are conducted (reversibly by expansion of the laminated body, and irreversibly by heat generation of the laminated body), by melting of the hot melt material to serve as a biasing member, wherein the hot melt material has a lower melting point than a binder included in any one of the positive electrode layer, the negative electrode layer, or the solid electrolyte layer, as taught by JP ‘668, in order to reliably dissolve or soften to serve as a biasing member inside the battery to cause an internal short circuit, thus allowing the overcharged battery to be internally discharged, effectively suppressing heat generation (JP ‘668; paragraphs [0016], [0017], and [0019] of translation).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2021-72262 A in view of JP 2005-44626 A, of which a copy of the Japanese document with a machine translation was provided with the Information Disclosure Statement dated October 31, 2025.
JP ‘262 discloses the features of the all-solid-state battery of independent claim 1 above, but does not disclose that the overcharge suppression part includes an NTC thermistor interposed between the first and second conductors, wherein the first and second conductors are conducted by a decline of a resistance value of the NTC thermistor due to heat generation.
However, JP ‘626 disclose a non-aqueous (solid-state) secondary battery (abstract; paragraphs [0012]-[0019] of translation; and Figures 1-3), in which the solid-state battery includes an overcharge suppression part having an NTC thermistor between first and second conductors, wherein the NTC thermistor functions as an insulator when the solid-state battery is being used, and functions as a conductor when the temperature becomes abnormally high due to overcharging (i.e. exhibiting a decline of a resistance value of the NTC thermistor due to heat generation), for the purpose of protecting the solid-state battery from overcharging and generation of abnormally high temperatures (see abstract; and paragraph [0019] of translation).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the overcharge suppression part of the all-solid-state battery, as disclosed by JP ‘262, by using the NTC thermistor interposed between the first and second conductors, wherein the first and second conductors are conducted by a decline of a resistance value of the NTC thermistor due to heat generation, as taught by JP ‘626, in order to protect the solid-state battery from overcharging and generation of abnormally high temperatures (JP ‘626; see abstract and paragraph [0019] of translation).
Allowable Subject Matter
Claims 8, 9, and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach or suggest an all-solid-state battery that includes all structural features of independent claim 1, and further including the following features:
Claims 8 and 9
wherein the first conductor includes a first extension part extending in a direction of separating from the laminated body, a second extension part bent from the first extension part and extending in one direction of the lamination direction, a third extension part bent from the second extension part bent and extending in another direction of the lamination direction, and a fourth extension part bent from the third extension part and extending in another direction of the lamination direction; and
the second conductor includes an end part inserted between the first extension part and the third extension part.
(of dependent claim 8, from which claim 9 further depends, and of which claim 8 depends from the combination of both independent claim 1 and claim 2)
Claim 14
wherein the positive electrode layer includes two positive electrode material layers in the lamination direction; and the positive electrode collector in common between the two positive electrode active material layers,
wherein the negative electrode layer includes a first negative electrode layer on an outer side in one direction of the lamination direction to the positive electrode layer; and a second negative electrode layer on an outer side in another direction of the lamination direction to the positive electrode layer,
wherein the negative electrode collector includes a first negative electrode collector included in the first negative electrode layer and positioned in an outermost layer in the one direction in the lamination direction of the laminated body; and a second negative electrode collector included in the second negative electrode layer and positioned in an outermost layer in the other direction in the lamination direction of the laminated body,
the first conductor extends from the positive electrode collector, and
the second conductor includes a conductor extending from the first negative electrode collector and a conductor extending from the second negative electrode collector.
(of dependent claim 14 that depends directly from independent claim 1)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 December 23, 2025