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 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sunayama et al. (JP-2010282803-A with citations from the provided translations) in view of Hamamoto et al. (US-20170069842-A1).
Regarding Claim 1, Sunayama teaches:
An electrostatic film formation device for manufacturing an all- solid secondary battery comprising (electrostatic film forming apparatus for an all-solid-state lithium ion secondary battery, see [0024]):
a powder feeder that feeds powder for a positive electrode layer or a negative electrode layer of the all-solid battery (The powder negative electrode material 1 and powder positive electrode material 2 is formed into film using the electrostatic film forming apparatus, see [0027] and [0031]. The electrostatic film forming apparatus has a material supply device 14 (i.e. a powder feeder), see [0027] and Fig. 2);
a substrate that is either the positive electrode current collector or the negative electrode current collector of the all-solid battery on which a powder film is to be formed from the powder (the counter electrode 18 which is shown in Figs. 2-4 to be a substrate can be a negative electrode current collector or a positive electrode current collector, see [0028]);
a DC power supply that applies voltage to the powder feeder and the substrate to draw the powder from the powder feeder to the substrate with electrostatic force (a DC power source 19 applies a high voltage to the needle like electrode in the indicated powder feeder (see annotated Fig. X below) and the plate-like counter electrode 18, see [0025].);
and a masking member that is disposed between the powder feeder and the substrate and has a passing port allowing powder to pass from the powder feeder to the substrate (the mask material 22/23 is shown as being between the material supply device 14 (i.e. powder feeder) and plate-like counter electrode 18 (i.e., substrate), see Figs 2 and 4),
Sunayama shows the mask material 22/23 as being between the powder feeder and plate-like counter electrode 18 (i.e., substrate), see Figs 2 and 4does not teach:
wherein the masking member is disposed in a state where the masking member is not in contact with the powder film to be formed.
To solve the same problem of designing a thin film fabricating device (see Abstract), Hamamoto teaches “the substrate 8 and the mask 30 are appropriately spaced apart from each other to provide a high-definition thin film 6 and to maintain the potential difference between the substrate voltage (V0) applied to the substrate 8 and the mask voltage (Vm) applied to the mask 30, thereby preventing the phenomenon that the thin film material is attached to the surface of the mask 30,” see [0108]. Hamamoto further shows the mask is not in contact with the film being formed, see Figs. 1-4
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 spaced the mask of Sunayama apart from the substrate and film being formed to provide a high definition thin film and prevent the thin film material is attached to the surface of the mask.
Regarding Claim 9,
further comprising a source of said powder for the powder feeder to feed (powder material supplied from the material supply device 14, see [0025] and Fig. 2).
Allowable Subject Matter
Claims 2-4 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.
As provided above, Hamamoto specifically teaches maintaining a potential difference between the substrate voltage (V0) applied to the substrate 8 and the mask voltage (Vm) to preventing the phenomenon that the thin film material is attached to the surface of the mask. Therefore, it would not be obvious to arrive at the combination of limitations provided in amended Claim 2 on which Claims 3-4 depend.
Further searching failed to identify any additional prior art that would render these limitations either anticipated or obvious.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument except the argument toward amended Claim 2 which is addressed below.
Applicant’s arguments, see pages 7-8, filed 06/11/2026, with respect to the polarities required in amended Claim 2 not being taught by Hamamoto have been fully considered and are persuasive. The U.S.C. 35 §103 rejection of Claims 2-4 has been withdrawn.
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 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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