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
1. Applicant’s amendments with respect to claims filed on 03/23/2026 have been entered. Claims 1 and 3-16 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claim 8 has been withdrawn from consideration. Claim 2 has been cancelled.
The amendments and remarks filed are sufficient to cure the previous 35 U.S.C 112(b) rejections set forth in the Non-Final office action mailed on 01/27/2026.
Claim Objections
Claim 12 is objected to because of the following informalities:
Regarding claim 12, the recitation “The all solid state battery of claim 2,” in claim 12, line 1 should read “The all solid state battery of claim 1,”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1, 3-4, and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (Pub. No. US 20230387391 A1).
Regarding claim 1, Jung teaches an all solid state battery (1, Fig. 4, see [0088]) comprising an anode (21/24/22/40, Fig. 4, see [0088]) including at least an anode current collector (21, Fig. 4, see [0088]), a cathode (10, Fig. 4, see [0061], the Examiner would like to note the description of Fig. 4 in [0088] is described as further containing, therefore the overlapping features of Fig. 3 and descriptions thereof will hereinafter be used for Fig. 4 as well), and a solid electrolyte layer (30, Fig. 4, see [0088]) arranged between the anode (21/24/22/40, Fig. 4, see [0088]) and the cathode (10, Fig. 4, see [0061], see in Fig. 4 30 is between 10 and 21/24/22/40); wherein a protective layer (24/22/40, Fig. 4, see [0088]) is arranged between the anode current collector (21, Fig. 4, see [0088]) and the solid electrolyte layer (30, Fig. 4, see [0088], see in Fig. 4 24/22/40 are arranged between 30 and 21); the protective layer (24/22/40, Fig. 4, see [0088]) includes a mixture layer (40, Fig. 4, see [0088]) and a solid electrolyte (solid electrolyte, see [0027] the solid electrolyte layer material includes solid electrolyte, see [0019] where the mixed layer includes the solid electrolyte layer material); but fails to teach wherein the protective layer contains Mg, the mixture layer includes a Mg-containing particle containing the Mg, and in the protective layer, Mg concentration increases stepwisely or continuously from a first surface which is a solid electrolyte layer side towards a second surface which is an anode current collector side, wherein the protective layer further includes an Mg layer containing Mg but not containing a solid electrolyte, in a position between the mixture layer and the anode current collector, wherein the Mg layer comprises at least 90 atomic % of Mg atoms.
However, Jung teaches the protective layer (24/22/40, Fig. 4, see [0088]) contains Mg (magnesium, see [0033] wherein the thin film 24 is magnesium, see [0091] where 22 includes negative active material, see [0095] where the negative active material is any metal that forms an alloy with lithium, therefore magnesium will be used as the negative active material because as seen in [0089] 24 includes an element capable of alloying with lithium, see [0033] the thin film is made of magnesium, and further as evidenced by *Li et al.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jung such that the thin film 24 is made of magnesium as Jung teaches it is known in the art to do so. Further it would have been obvious to modify Jung such that the negative active material is magnesium as Jung teaches the negative active material is a metal that forms an alloy with lithium (see [0095]) and magnesium is a metal capable of alloying with lithium (see [0089] thin film includes an element capable of alloying with lithium, see [0033] the thin film is made of magnesium, and further as evidenced by *Li et al.). Further Jung teaches that modifications can be made (see [0138] of Jung).
Therefore, Jung teaches wherein the mixture layer (40, Fig. 4, see [0088]) includes a Mg-containing particle (negative active material, see [0027] where the negative electrode layer material includes negative active material, see [0019] where the mixed layer contains negative active layer material, see modifications above where the negative active material is magnesium) containing the Mg (magnesium, see [0033], see modification above), and in the protective layer (24/22/40, Fig. 4, see [0088]), Mg concentration increases stepwisely (see [0019] the mixture layer contains negative electrode layer material and solid electrolyte layer material, see [0092] where 22 includes negative active material and binder, see [0033] where the thin film 24 is a thin film of magnesium, see modifications above where the negative active material is magnesium, therefore each layer increases in magnesium concentration stepwisely) or continuously from a first surface (side of 30 in direct contact with 40, Fig. 4) which is a solid electrolyte layer side (side of 30 in direct contact with 40, Fig. 4) towards a second surface (side of 21 in direct contact with 24, Fig. 4) which is an anode current collector side (side of 21 in direct contact with 24, Fig. 4), wherein the protective layer (24/22/40, Fig. 4, see [0088]) further includes an Mg layer (24, Fig. 4, see [0088]) containing Mg (see [0033] wherein the thin film is magnesium, see modifications above) but not containing a solid electrolyte (see [0033] it is a thin film of magnesium, therefore it only includes magnesium), in a position between the mixture layer (40, Fig. 4, see [0088]) and the anode current collector (21, Fig. 4, see [0088], see Fig. 4 where 24 is between 40 and 21), wherein the Mg layer (24, Fig. 4, see [0088]) comprises at least 90 atomic % of Mg atoms (see [0033] it is a thin film of magnesium, therefore it only includes magnesium).
*Additional Evidence provided by Li et al. (Pub. No. US 20200343583 A1), see [0033] of Li shows Mg is capable of creating an alloy with lithium.
Regarding claim 3, Jung teaches wherein the Mg layer (24, Fig. 4, see [0088]) is a metal thin film (see [0089] the thin film 24 is made of metal) containing the Mg (see [0033] where the thin film is made of magnesium, see modifications above).
Regarding claim 4, Jung teaches wherein a thickness of the metal thin film (see [0089] the thin film 24 is made of metal) is 1 nm or more and 5000 nm or less (1 nm to 800 nm, see [0090]).
Regarding claim 10, Jung fails to teach wherein the Mg-containing particles have a particle size (D50) of from 500 nm to 20,000 nm.
However, Jung teaches Jung teaches wherein the Mg-containing particles (negative active material, see [0027], see modifications above where the negative active material is Mg) have a particle size (D50) of from 500 nm to 20,000 nm (10 nm to 4000 nm, see [0092]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the negative active material particle size as taught by Jung to be between 500 nm and 4000 nm as it is a result effective variable of ease of reversible absorption and/or desorption of lithium during charging/discharging (see [0092]) and a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Jung teaches that modifications can be made (see [0138] of Jung).
Regarding claim 11, Jung teaches wherein the Mg-containing particles (negative active material, see [0027], see modifications above where the negative active material is Mg) consist of Mg atoms (magnesium, see modifications above where the negative active material is magnesium) and optionally O atoms.
Regarding claim 12, Jung teaches wherein the Mg layer (24, Fig. 4, see [0088]) comprises 100 atomic % of Mg atoms (see [0033] it is a thin film of magnesium, therefore it only includes magnesium atoms).
Regarding claim 13, Jung teaches wherein the solid electrolyte layer (30, Fig. 4, see [0088]) consists of a sulfide solid electrolyte (sulfide-based solid electrolyte, see [0077]) and optionally, a binder (binder, see [0082]).
Regarding claim 14, Jung teaches wherein a thickness of the solid electrolyte layer (30, Fig. 4, see [0088]) is at least 0.1 μm (45 μm, see [0120] gives a specific example of the solid electrolyte layer with a thickness of 45 μm).
Regarding claim 15, Jung teaches wherein a thickness of the mixture layer (40, Fig. 4, see [0088]) is from 0.1 μm to 1000 μm (0.1 to 2 μm, see [0024]).
5. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (Pub. No. US 20230387391 A1) as applied to claim 1 above, and further in view of Nakahara et al. (Pub. No. US 20200227774 A1).
Regarding claim 6, Jung fails to teach wherein the protective layer includes a plurality of the mixture layers.
However, Nakahara teaches wherein the protective layer (402/301, Fig. 4, see [0026] and [0027]) includes a plurality of the mixture layers (420-1-5, Fig. 4, see [0027] wherein each layer of 420 is a mixture layer of solid electrolyte and active material therefore each is a mixture layer).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jung such that 40 comprises multiple individual mixture layers stacked together as taught by Nakahara to increase the durability and power density of battery cells (see [0015] of Nakahara). Further Jung teaches that modifications can be made (see [0138] of Jung).
6. Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (Pub. No. US 20230387391 A1) as applied to claim 1 above, and further in view of Li et al. (Pub. No. US 20200343583 A1).
Regarding claim 7, Jung teaches wherein the anode (21/24/22/40, Fig. 4, see [0088]) includes an anode active material layer (22, Fig. 4, see [0088]) between the anode current collector (21, Fig. 4, see [0088]) and the solid electrolyte layer (30, Fig. 4, see [0088], see Fig. 4 where 22 is between 21 and 30).but fails to teach the anode active material layer containing a deposited Li.
However, Li teaches an anode active material layer (13, Fig. 1, see [0040]) containing a deposited Li (single B-phase alloy of lithium metal and magnesium metal, see [0043]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jung to substitute the negative active material as taught by Jung for the single B phase alloy of lithium metal and magnesium metal as taught by Li as an art effective equivalent anode active material for providing an all-solid-state battery with high charge-discharge efficiency (see [0038] of Li). Further Jung teaches that modifications can be made (see [0138] of Jung).
Regarding claim 16, Jung in view of Li teaches wherein a thickness of the anode active material layer (22, Fig. 4, see [0088]) is from 1 nm to 1000 μm (1 to 100 μm, see [0025]).
7. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (Pub. No. US 20230387391 A1) as applied to claim 1 above, and further in view of Shindo et al. (Pub. No. US 20170155127 A1).
Regarding claim 9, Jung teaches an all solid state battery (1, Fig. 4, see [0088]) according to claim 1 (see rejection of claim 1 above), but fails to teach an all solid state battery system comprising: an all solid state battery and a control device that controls charge and discharge of the all solid state battery; wherein the control device controls the all solid state battery to be charged or discharged at a rate of 0.5 C or more.
However, Shindo teaches an all solid state battery system (6/100, Fig. 1, see [0057]) comprising: an all solid state battery (6, Fig. 1, see [0057]) and a control device (100, Fig. 1, see [0057]) that controls charge and discharge (charge-discharge rate, see [0025] where the control device is used to control charge-discharge rate) of the all solid state battery (6, Fig. 1, see [0057]); wherein the control device (100, Fig. 1, see [0057]) controls the all solid state battery (6, Fig. 1, see [0057]) to be charged or discharged (charge-discharge rate, see [0025] where the control device is used to control charge-discharge rate) at a rate of 0.5 C or more (1.0 C or less, see [0025]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Jung such that the all solid state battery of claim 1 as taught Jung is used in the all solid state battery system as taught by Shindo to decrease internal resistance and increase battery capacity (see [0020] of Shindo). Further Jung teaches that modifications can be made (see [0138] of Jung), and further Jung teaches the all-solid state secondary battery can be applicable to medium to large size battery or energy storage systems (see [0109] of Jung).
8. Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakahara (Pub. No. US 20200227774 A1) in view of Takahashi et al. (Pub. No. US 20230006285 A1).
Regarding claim 1, Nakahara teaches an all solid state battery (200, Fig. 2, see [0020]) comprising an anode (202/104/105, Fig. 2, see [0020]) including at least an anode current collector (105, Fig. 2, see [0017], the Examiner would like to note according to [0020] 200 in Fig. 2 is a modified version of 100 in Fig. 1 so hereinafter overlapping components and descriptions of components carry over from Fig. 1 to Fig. 2), a cathode (201/102/101, Fig. 2, see [0020]), and a solid electrolyte layer (103, Fig. 2, see [0017]) arranged between the anode (202/104/105, Fig. 2, see [0020]) and the cathode (201/102/101, Fig. 2, see [0020], see Fig. 2 where 103 is arranged between 201/102/101 and 202/104/105); wherein a protective layer (202/104, Fig. 2) is arranged between the anode current collector (105, Fig. 2, see [0017]) and the solid electrolyte layer (103, Fig. 2, see [0017], see in Fig. 2 where 202/104 is between 103 and 105); the protective layer (202/104, Fig. 2) includes a mixture layer (202, Fig. 2, see [0020]) including a solid electrolyte (solid electrolyte material, see [0020] where 202 includes solid electrolyte material); but fails to teach the protective layer containing Mg, wherein the mixture layer contains a Mg-containing particle containing the Mg, and in the protective layer, Mg concentration increases stepwisely or continuously from a first surface which is a solid electrolyte layer side towards a second surface which is an anode current collector side, wherein the protective layer further includes an Mg layer containing Mg but not containing a solid electrolyte, in a position between the mixture layer and the anode current collector, wherein the Mg layer comprises at least 90 atomic % of Mg atoms.
However, Takahashi teaches a Mg-containing particle (active material of the negative electrode, see [0063] where the active material is magnesium) containing the Mg (magnesium, see [0063]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Nakahara substitute the anode material as taught by Nakahara for magnesium as taught by Takahashi as an art effective equivalent anode active material for efficient electric power generation and easy availability (see [0063] of Takahashi). Further Nakahara teaches that modifications can be made (see [0046] of Nakahara).
Therefore Nakahara in view of Takahashi teaches the protective layer (202/104, Fig. 2) containing Mg (magnesium, see [0063] of Takahashi, see modification above, see [0020] of Nakahara where 104 and 202 include anode material, see modification above where the anode material is magnesium), wherein the mixture layer (202, Fig. 2, see [0020]) contains a Mg-containing particle (anode material, see [0020] where 202 includes anode material, see modification above where the Mg-containing particle is magnesium) containing the Mg (magnesium, see [0063] of Takahashi, see modification above), and in the protective layer (202/104, Fig. 2), Mg concentration increases stepwisely (see [0020] where 202 and 104 include anode material, see modification above where the anode material is magnesium, therefore since 104 is only magnesium, and 202 is a mix of anode material and solid electrolyte material 104 will have higher concentration) or continuously from a first surface (surface of 103 in direct contact with 202, see Fig. 2) which is a solid electrolyte layer side (see the surface is on the 103 side) towards a second surface (surface of 105 directly in contact with 104, Fig. 2) which is an anode current collector side (see the surface is on the 105 side), wherein the protective layer (202/104, Fig. 2) further includes an Mg layer (104, Fig. 2, see [0020] where 104 includes anode material and therefore Mg, see modification above where the anode material is Mg) containing Mg (magnesium, see [0063] of Takahashi, see modification above) but not containing a solid electrolyte (see [0018] where 104 is a solid material, see [0020] the solid material is anode material), in a position between the mixture layer (202, Fig. 2, see [0020]) and the anode current collector (105, Fig. 2, see [0017], see Fig. 2 where 104 is between 105 and 202), wherein the Mg layer (104, Fig. 2, see [0020] where 104 includes anode material and therefore Mg, see modification above where the anode material is Mg) comprises at least 90 atomic % of Mg atoms (see [0020] where 104 contains anode material, see modification above where the anode material is magnesium, therefore 104 is 100 atomic % Mg atoms).
Regarding claim 5, Nakahara in view of Takahashi teaches wherein the Mg layer (104, Fig. 2, see [0020] where 104 includes anode material and therefore Mg, see modification above where the anode material is Mg) is a layer including the Mg-containing particle (anode material, see [0020] where 104 includes anode material, see modification above where the Mg-containing particle is magnesium) containing the Mg (magnesium, see [0063] of Takahashi, see modification above).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-7, and 10-16 have been considered but are moot because the new ground of rejection does not rely on the same combination or interpretation of references previously applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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