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 § 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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mineya et al. (US-20230061385-A1).
Regrading Claim 1, Mineya teaches the following:
An all-solid-state battery, comprising (the battery 100 of the invention can suitably be a n all-solid-state battery, see [0098]):
an anode current collector, an anode active material layer disposed on the anode current collector, a solid electrolyte layer disposed on the anode active material layer, a cathode active material layer disposed on the solid electrolyte layer, and a cathode current collector disposed on the cathode active material layer, wherein the anode active material layer comprises a first layer disposed on the anode current collector and a second layer disposed on the solid electrolyte layer (“The present disclosure provides a battery including: a positive electrode; a negative electrode; and a solid electrolyte layer located between the positive electrode and the negative electrode, wherein the negative electrode includes a negative electrode current collector and a negative electrode active material layer located between the negative electrode current collector and the solid electrolyte layer; the negative electrode active material layer includes a first active material layer and a second active material layer located between the first active material layer and the solid electrolyte layer,” see [0006]-[0011]),
the first layer comprises a first anode active material, a first solid electrolyte, and a first binder, the second layer comprises a second anode active material, a second solid electrolyte, and a second binder (Examples 2-3 have a first active material layer with a first negative electrode active material and solid electrolyte, and a second active material layer with a second negative electrode active material and solid electrolyte, see [0124]-[0135]),
wherein the first binder and the second binder comprise different types of binders.
Mineya does not teach the negative electrolyte layer 11 necessarily includes binders as claimed above.
However, Mineya teaches the negative electrode active material layer 11 may contain binders, see [0096]. Additionally, Mineya teaches the binder for the negative electrode active material layer 11 comprising the first active material layer and a second active material layer can suitably be a mixture of two different binders selected from a list, see [0096].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have included a binder because Mineya teaches this is a suitable addition in the negative electrode active material layer 11.
The mixture of two binders in the entirety of the negative electrode active material layer 11 teaches a different first and second binders which are contained in the both the first and second layer, thereby teaching the limitations:
the first layer comprises… a first binder, the second layer comprises… a second binder,
wherein the first binder and the second binder comprise different types of binders.
Mineya teaches “the ratio T1/T2 is in the range from 1/2 to 1/20, where T1 is the thickness of the first active material layer 151 and T2 is the thickness of the second active material layer 161,” see [0101]. This teaches a ratio of 0.5-0.05 which overlaps the claimed range.
Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the overlapping portion of the thickness ratio of the first and second negative electrode layers because Mineya teaches this is a suitable thickness ratio, thereby, rendering obvious:
a ratio (T1/T2) of a thickness (T1) of the first layer to a thickness (T2) of the second layer is in a range of 0.375 to 0.5,
and a ratio (M1/M2) of a weight (M1) of the first solid electrolyte in the anode active material layer to a weight (M2) of the second solid electrolyte in the anode active material layer is in a range of 0.1 to 0.25 (Examples 2 and 3 disclose a weight ratio of the solid electrolyte in the first and second negative electrolyte layers of 0.25 and 0.11 which are within the claimed range, see [0124]-[0135].).
Regrading Claim 2, Mineya discloses:
wherein the anode active material layer comprises a first surface in contact with the anode current collector and a second surface in contact with the solid electrolyte layer, the first layer forms the first surface, and the second layer forms the second surface (see current collector 12, first active material layer 151, second active material layer Figs. 3).
Regrading Claim 3, Mineya’s Examples 1-3 (see [0113]-[0135]) have a silicon and graphite first active material, thereby, disclosing:
wherein the first anode active material comprises one or more selected from the group consisting of a silicon-based anode active material, and a carbon-based anode active material.
Regrading Claim 4, Mineya’s Examples 1-3 (see [0113]-[0135]) have the first layer with a sulfide solid electrolyte, thereby, disclosing:
wherein the first solid electrolyte comprises a sulfide-based solid electrolyte.
Regrading Claim 5, Mineya does not teach the negative electrolyte layer 11 necessarily includes the following claimed binders:
wherein the first binder comprises one or more selected from the group consisting of styrene butadiene rubber, nitrile butadiene rubber, and butadiene rubber.
However, Mineya teaches the negative electrode active material layer 11 may contain a binder including styrene-butadiene rubber, see [0096].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used a styrene-butadiene rubber because Mineya teaches this is a suitable binder in the negative electrode active material layer 11.
Regrading Claim 6, Mineya does not teach the first negative active material layer necessarily falls within the claimed range given below:
wherein the thickness of the first layer is in a range of 15 µm to 20 µm.
However, Mineya teaches the negative electrode 210 may have a thickness of 10 μm or more and 500 μm or less, see [0090]. Additionally, Mineya teaches “the ratio T1/T2 is in the range from 1/2 to 1/20, where T1 is the thickness of the first active material layer 151 and T2 is the thickness of the second active material layer 161,” see [0101]. Based on these teachings, Mineya's indicates a thickness range for the first negative active material layer is 0.5-250 µm.
Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the overlapping portion of the thickness of the first negative active material layer because Mineya teaches this is a suitable thickness.
Regrading Claim 7, Mineya’s Examples 2-3 (see [0124]-[0135]) have the first layer with a anode active material to solid electrolyte mass ratio of 7:3 which lies on the claimed end point, thereby, disclosing:
wherein the first layer comprises the first anode active material and the first solid electrolyte in a mass ratio of 6:4 to 7:3.
Regrading Claim 8, Mineya’s Examples 2-3 (see [0124]-[0135]) have a graphite second active material, thereby, disclosing:
wherein the second anode active material comprises one or more selected from the group consisting of a silicon-based anode active material, and a carbon-based anode active material.
Regrading Claim 9, Mineya’s Examples 2-3 (see [0124]-[0135]) have the second layer with a sulfide solid electrolyte, thereby, disclosing:
wherein the second solid electrolyte comprises a sulfide-based solid electrolyte.
Regrading Claim 10, Mineya does not teach the negative electrolyte layer necessarily includes the following claimed binders:
wherein the second binder comprises one or more selected from the group consisting of polyvinylidene fluoride, poly(vinylidene fluoride-co- hexafluoropropylene), chlorotrifluoroethylene, and polytetrafluoroethylene.
However, Mineya teaches the negative electrode active material layer 11 may contain a binder including polyvinylidene fluoride, chlorotrifluoroethylene and polytetrafluoroethylene, see [0096].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used any one of polyvinylidene fluoride, chlorotrifluoroethylene and polytetrafluoroethylene because Mineya teaches this is a suitable binder in the negative electrode active material layer 11.
Regrading Claim 11, Mineya does not teach the second negative active material layer necessarily falls within the claimed range given below:
wherein the thickness of the second layer is in a range of 40 µm to 50 µm.
However, Mineya teaches the negative electrode 210 may have a thickness of 10 μm or more and 500 μm or less, see [0090]. Additionally, Mineya teaches “the ratio T1/T2 is in the range from 1/2 to 1/20, where T1 is the thickness of the first active material layer 151 and T2 is the thickness of the second active material layer 161,” see [0101]. Based on these teachings, Mineya indicates a thickness range for the first negative active material layer is 5-475 µm.
Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the overlapping portion of the thickness of the second negative active material layer because Mineya teaches this is a suitable thickness.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mineya et al. (US-20230061385-A1) as applied to Claim 1 and in further view of Kim et al. (US-20230146632-A1).
Regrading Claim 13, Mineya is silent toward the applications for the battery of the invention and, therefore, does not teach:
a vehicle comprising an all-solid-state battery of claim 1.
To solve problem of providing a two layered negative electrode for an all-solid-state battery which comprises silicon and graphite (see Title, [0175], and [0181]), Kim teaches that the all-solid-state battery is suitable for use in a vehicle, see [0243]. This disclosure teaches this is a successful and conventional use for all-solid-state batteries.
Consequently, one of ordinary skill in the art before the effective filling date of the claimed invention would have had a reasonable expectation of success using the battery of Mineya in a vehicle based on the teachings of Kim.
Allowable Subject Matter
Claim 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Mineya’s Examples 2-3 (see [0113]-[0135]) have the second layer with a anode active material to solid electrolyte mass ratio of 7:3 which , thereby, does not teach:
wherein the second layer comprises the second anode active material and the second solid electrolyte in a mass ratio of 3:7 to 4:6.
Further searching failed to identify any additional prior art that would render these limitations either anticipated or obvious.
Response to Arguments
Applicant's arguments filed 06/23/2026 have been fully considered and are address below.
Applicant argues on pages 6-8 of the response that Mineya does not teach “and a ratio (M1/M2) of a weight (M1) of the first solid electrolyte in the anode active material layer to a weight (M2) of the second solid electrolyte in the anode active material layer is in a range of 0.1 to 0.25.” This argument is found unpersuasive for the following reasons. Applicant cites paragraphs [0125]-[0127] for Example 2 and [0131]-[0135] which states that the slurry for the first and second active layers contain equal mass ratios to active material to solid electrolyte of 7:3. However, for Example 2 when the anodes are prepared 8 mg of the second anode material layer (B2) and 2 mg of the first active material (A2) are used to form the layers to make the anode active material layer (i.e. the mass ratio of the first and second solid electrolytes in the anode active material layer is 2/8=0.25), see [0129]. Similarly, for Example 3 when the anodes are prepared 9 mg of the second anode material layer (B3) and 1 mg of the first active material (A3) are used to form the layers to make the anode active material layer (i.e. the mass ratio of the first and second solid electrolytes in the anode active material layer is 1/9=0.11), see [0135].
Applicant further argues on page 8 of the response that Mineya fails to teach the amended limitation in Claim 1 of “wherein the first binder and the second binder comprise different types of binders.” This is found unpersuasive because of the following interpretation of both claims and the art of Mineya:
Mineya does not teach the negative electrolyte layer 11 necessarily includes binders as claimed above.
However, Mineya teaches the negative electrode active material layer 11 may contain binders, see [0096]. Additionally, Mineya teaches the binder for the negative electrode active material layer 11 comprising the first active material layer and a second active material layer can suitably be a mixture of two different binders selected from a list, see [0096].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have included a binder because Mineya teaches this is a suitable addition in the negative electrode active material layer 11.
The mixture of two binders in the entirety of the negative electrode active material layer 11 teaches a different first and second binders which are contained in the both the first and second layer, thereby teaching the limitations:
the first layer comprises… a first binder, the second layer comprises… a second binder,
wherein the first binder and the second binder comprise different types of binders.
Conclusion
THIS ACTION IS MADE FINAL. 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 Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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