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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/19/2023, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 2, 3, and 5 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.
Claim 2 recites the limitation "the coating film" in line 2. There is insufficient antecedent basis for this limitation in the claims 2, 3, and 5. For the purpose of examination an “insulating coating film” will be applied to “the coating film”.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chikagawa et al. (US2022/0238913A1, with foreign priority of 10/11/2019).
As to claim 1, Chikagawa discloses a solid-state battery [Abstract] comprising: a laminated body ([0092], fig. 8(b)) including an electrolyte layer containing a solid electrolyte (Element (20) [0146], [Abstract]), , a positive electrode layer (Element (10A), [0048]) provided on a part of a first principal plane of the electrolyte layer (Fig. 4), and a negative electrode layer (Element (10B)) provided on a part of a second principal plane of the electrolyte layer opposite to the first principal plane (fig. 4); and an insulating coating film (Protective layer (300) [0070]) which covers the laminated body so as to expose a first portion of the positive electrode layer and a second portion of the negative electrode layer (Fig. 4, as exemplified by fig. 2B of the instant specification) and which has a hardness higher than a hardness of the solid electrolyte. (Insulating material ((300) [0063]) other than resin containing glass and ceramics [0065]. As exemplified in paragraph [0054] of the instant specification.
As to claim 2, Chikagawa discloses the coating film (300) contains a glass or a ceramic [0063], [0065].
As to claim 4, Chikagawa discloses a first external electrode which is in contact with the first portion of the positive electrode layer and the coating film (300) (External terminal (200A) on the positive electrode side, [0049], fig. 1); and a second external electrode which is in contact with the second portion of the negative electrode layer and the coating film (300) (External terminal 200B on the negative electrode side [0049], fig.1).
Claim Rejections - 35 USC § 103
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chikagawa et al. (US2022/0238913A1, with foreign priority of 10/11/2019) as applied to claim 1 above, and further in view of Yoshioka et al. (US2021/0203008A1, with foreign priority of 09/14/2018).
As to claim 3, Chikagawa does not explicitly disclose the coating film is provided so as to be in contact with another part of the first principal plane of the electrolyte layer and a surface of the positive electrode layer except the first portion exposed from the laminated body, the positive electrode layer being formed on the part of the first principal plane;
and the coating film is provided so as to be in contact with another part of the second principal plane of the electrolyte layer and a surface of the negative electrode layer except the second portion exposed from the laminated body, the negative electrode layer being formed on the part of the second principal plane.
In the same field of endeavor Yoshioka discloses a solid-state battery [Abstract] and teaches, the coating film (Protective layer (5) and reinforcing portion (6) formed of the same materials and sintered bodies [0087] [0095]. Protective layer 5, includes insulating substance other than the resin [0078], and reinforcing portion 6, includes insulating substance particles other than resin [0095], both cover a main body part of battery element (100) [0044], fig. 1A) is provided so as to be in contact with another part of the first principal plane of the electrolyte layer (Reinforcing portion (6) in contact with solid electrolyte (3) [0044] fig. 1A) and a surface of the positive electrode layer (Positive electrode current collecting layer (11) [0044]) except the first portion exposed from the laminated body (Protective layer (5) contacting (11) fig. 1A) , the positive electrode layer (Positive electrode layer (1) ) being formed on the part of the first principal plane (Solid electrolyte layer (3), fig. 1A);
and the coating film (Protective layer (5) and reinforcing portion (6) ) is provided so as to be in contact with another part of the second principal plane of the electrolyte layer and a surface of the negative electrode layer except the second portion exposed from the laminated body (Portion (6) contacting negative electrode layer (2) fig. 1A), the negative electrode layer being formed on the part of the second principal plane. (negative electrode layer (21) formed on negative electrode layer (2) fig. 1A)
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chikagawa et al. (US2022/0238913A1, with foreign priority of 10/11/2019) as applied to claim 1 above.
As to claim 5, Chikagawa discloses the coating film (Protective layer (300)) contains a first material phase having a first hardness and a second material phase having a second hardness (The protective layer 300 include the resin-free insulating material [0063]…insulating material other than the resin include an insulating material containing glass and ceramics [0065], as exemplified by paragraph [0064] of the instant specification), higher than the first hardness. Chikagawa discloses the same materials as claimed, and when the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
As to claim 6, Chikagawa discloses a solid-state battery manufacturing method [0080] comprising: forming a structural body including [0082]: a laminated body ([0092], fig. 8(b) ) including an electrolyte layer containing a solid electrolyte (20: Solid electrolyte layer [0146]) a positive electrode layer formed on a part of a first principal plane of the electrolyte layer ((10A) [0048], fig. 1, 4), and a negative electrode layer formed on a part of a second principal plane of the electrolyte layer opposite to the first principal plane ((10B) [0048], fig. 1, 4); and a coating material which covers the laminated body so as to expose a first portion of the positive electrode layer and a second portion of the negative electrode layer (Protective layer (300) [0070], fig.1, 4); and burning the structural body at a first temperature (the solid state battery may be formed by firing [0026]) and forming from the coating material an insulating coating film having a hardness higher than a hardness of the solid electrolyte.(The protective layer (300) include the resin-free insulating material [0063]… Examples of the insulating material other than the resin include an insulating material containing glass and ceramics. [0065] as exemplified by paragraph [0064] of the instant specification, and Chikagawa discloses the solid electrolyte to be a nasicon structure [0037], as exemplified by paragraph [0030] of the instant specification. Chikagawa discloses the same materials as claimed, firing the materials would provide the same degree of hardness of the coating film relative to the solid electrolyte, and when the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
As to claim 7, the rejection of claim 6 is incorporated, Chikagawa discloses the burning of the structural body at the first temperature includes sintering the solid electrolyte and forming the coating film. [0026]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Horikawa et al. (US2014/0106213A) Alternative polarity laminate battery.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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