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
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over English translation of JP2013175345A (Sasaoka)
Regarding claim 1, Sasaoka teaches an electrode layer for a solid battery and a solid battery using the same [abs]. Sasaoka teaches an electrode assembly in which a band-shaped positive electrode and a band-shaped negative electrode are wound with a separator interposed therebetween; an electrolyte liquid; and an exterior housing the electrode assembly and the electrolyte liquid, wherein the negative electrode has: a negative electrode current collector; and a negative electrode mixture layer formed on a surface of the negative electrode current collector and including a negative electrode active material and a solid electrolyte [0003, 0010] and in the negative electrode mixture layer [0024], [0013, 0022, 0026]. Sasaoka does not explicitly teach the content rate of the solid electrolyte as required by the instant claim. Sasaoka does teach in the solid battery 10, in the region of the negative electrode layer 11c that should be located closer to the negative electrode tab 15 (the upper region in the drawing of FIG. 2), the region of the negative electrode layer 11c that should be located farther from the negative electrode tab 15 ( The ratio of the volume of the solid electrolyte to the total volume of the solid electrolyte and the negative electrode active material is higher than the region on the lower side of the drawing of FIG. 2 and the ratio of the volume of the negative electrode active material to the same total volume is reduced [0026]. Therefore, when the solid state battery 10 is used, the temperature of the region closer to the positive electrode tab 14 and the negative electrode tab 15 (the region on the upper side of the drawing of FIG. 2) of the positive electrode layer 11a and the negative electrode layer 11c decreases relatively. The temperature is less likely to be lowered relatively in the region (the region on the lower side of the drawing of FIG. 2) apart from the positive electrode tab 14 and the negative electrode tab 15 which dissipate heat. That is, when the solid state battery 10 is used, temperature distribution tends to occur in the positive electrode layer 11 a and the negative electrode layer 11 c [0025]. By providing the positive electrode layer 11a and the negative electrode layer 11c configured as described above, variation in ion conductivity in the plane of the positive electrode layer 11a and the negative electrode layer 11c can be reduced. It is possible to reduce in-plane performance variation. Therefore, according to the first embodiment of the present invention, the solid battery electrode layers 11a and 11c capable of improving the performance of the solid battery 10, and the solid battery 10 using the same can be provided. Therefore, it is the Examiner’s position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Sasaoka and arrive at claimed limitations of-
a content rate of the solid electrolyte in an inner end of winding is higher than a content rate of the solid electrolyte in an outer end of winding, and the negative electrode mixture layer has a region where a content rate of the solid electrolyte continuously decreases from a side of the inner end of winding to a side of the outer end of winding, as doing so will improve the performance of the battery [0026]. The prior art can be modified or combined to reject claims as prima facie obvious as long as there is a reasonable expectation of success. See In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986) (see MPEP § 2143.02).
Regarding claim 2, Sasaoka teaches, wherein a content rate of the solid electrolyte in the negative electrode mixture layer is greater than or equal to 1 mass% and less than or equal to 10 mass% [0034-0036, 0038]. It is noted, Sasoaka teaches the mixing ratio of the solid electrolyte is preferably changed in the range of 10% to 40% in the in-plane direction; further teaches the mixing ratio of the solid electrolyte and the positive electrode active material can be set arbitrarily according to the temperature environment to be used, the capacity, the specification of the output, and the like. Sasoaka teaches the same composition can be used for the negative layer [0038]. Thus, it is the Examiner’s position. Sasoaka teaches the content rate of the solid electrolyte as claimed.
Regarding claim 3, Sasaoka teaches wherein the solid electrolyte is an inorganic solid electrolyte [0030, it is noted, Sasaoka teaches an all solid state battery for an electrode, therefore, the solid electrolytes examples disclosed in para 0030 are an inorganic solid electrolytes].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over English translation of JP2013175345A (Sasaoka) further in view of US20170084910A1 (Ichikawa)
Regarding claim 4, Sasaoka teaches wherein the negative electrode active material includes a carbon-based material and a silicon-based material, and a content rate of the silicon-based material in the negative electrode active material is greater than or equal to 3 mass% relative to a mass of the negative electrode active material [0037]. It is noted, Sasaoka teaches the content of the negative electrode active material in the negative electrode layer is not particularly limited, but is preferably, for example, 40% or more and 99% or less by mass, however, does not explicitly teach the content of the Silicon material. Ichikawa teaches a negative electrode plate for nonaqueous electrolyte secondary batteries according to an embodiment of the present invention includes a negative electrode mix layer, placed on a negative electrode core, containing a negative electrode active material capable of storing and releasing lithium ions [abs]. Ichikawa teaches the SiOx content in the negative electrode active material is 0.5 to 20% by mass, thus falls within the required ranges (0020-0022]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sasaoka in view of Ichikawa and incorporate the content of silicon in the claimed ranges as doing so allows for a larger battery capacity [0022].
Conclusion
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/S.G./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729