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 .
Summary
This is the initial Office Action based on Application 18/271,508 filed 07/10/2023 by Kenta Morimoto, Kentaro Ogawa, and Masahiro Kuroiwa.
Claims 1-4 are currently pending and have been fully considered.
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)(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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a2) as being anticipated by SHIGEMATSU (US 2023/0193534 A1.
With respect to claim 1. SHIGEMATSU teaches a non-woven fabric for supporting a solid electrolyte (paragraph 0016). The air permeability of the non-woven fabric is between 250-1500 cm3/cm2/sec (paragraph 0048) with specific examples falling within 155-400 cm3/cm2/sec, which is taken to be between 9-24 L/cm2/min (see Table 1). The thickness of the non-woven fabric is between 10-30 microns (paragraph 0057). The density of the non-woven fabric is between 0.15-0.32 g/cc (paragraph 0058).
With respect to claim 2. SHIGEMATSU teaches the non-woven fiber includes the binder fibers, such as a crimpled composite fiber in an amount of 80% by mass (Table 1).
With respect to claims 3-4. SHIGEMATSU teaches an all solid state lithium battery including a solid electrolyte layer (paragraph 0017). Such a solid electrolyte layer is supported on the non-woven fabric (paragraph 0029).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIGEMATSU (JP 2020024860 A) in view of HOTTA (US 2020/0295403 A1).
With respect to claim 1. SHIGEMATSU teaches a solid electrolyte carrying nonwoven fabric (abstract and paragraph 0010). The thickness of the nonwoven fabric is between 10-30 microns (paragraph 0060). The density of the nonwoven fabric is between 0.25 g/cm3 and 0.35 g/cm3 (paragraph 0061). SHIGEMATSU does not explicitly teach the air permeability of the non-woven sheet. However, SHIGEMATSTU teaches the other properties of the nonwoven sheet as claimed.
HOTTA teaches a nonwoven fabric which may include a gelled electrolyte (paragraph 0044). The separator which may be a nonwoven fabric may have an air permeability coefficient of 5x10-14 m2 (paragraph 0142). The permeability coefficient is chosen in order to control the amount of the electrolyte in the separators (paragraph 0142).
At the time the invention was filed one having ordinary skill in the art would have been able to control the air permeability of the nonwoven fabric of SHIGEMATSU to be within the desired range as a matter of routine optimization, as HOTTA teaches that such a parameter is utilized for that very purpose, and therefore achieving the claimed air permeability in the range of 1-50 L/cm3/min may be achieved as a matter of routine optimization.
With respect to claim 2. SHIGEMATSU teaches a content of heat-resistant fiber being between 2-40 mass% (paragraph 0010) which is an overlapping range with the claimed amount of 20-80 mass%. See MPEP 2144.05(I). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With respect to claims 3-4. SHIGEMATSU teaches a solid state battery composed of the solid electrolyte layer (paragraph 0014). The solid electrolyte layer then includes the nonwoven fabric for support (paragraph 0026).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 PM EST.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722