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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 13-17 in the reply filed on 12/2/2025 is acknowledged.
Claims 1-12 and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected process and apparatus, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/2/2025.
Claim Objections
Claims 13 and 17 are objected to because of the following informalities:
The phrase “the endplates” in line 3 of claim 13 should be changed to the phrase “the first and second end plates”.
The phrase “compact first separator powder layer” in line 4 of claim 13 should be changed to the phrase “first compact separator powder layer”.
The phrase “first anode powder layer” in line 5 of claim 13 should be changed to the phrase “first compact anode powder layer”.
The phrase “first cathode powder layer” in line 5 of claim 13 should be changed to the phrase “first compact cathode powder layer”.
The phrase “the assembly” in line 1 of claim 17 should be changed to the phrase “the electrochemical assembly”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 15-16 are 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 15-16 recites the limitation “the layers” in line 1 of claim 15 and line 3 of claim 16. There is insufficient antecedent basis for this limitation in the claim.
Also, this limitation is indefinite in that it is unclear which layers are being referred to .
Claim Rejections - 35 USC § 102
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 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.
Claims 13 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okochi et al (JP 2020-095952).
A machine translation is being used as the English translation for Okochi et al (JP 2020-095952).
Regarding claim 13, Okochi discloses an electrochemical assembly (all-solid state battery; pg. 5 of Okochi translation) comprising a frame supporting a first endplate at a first end and a second end plate at a second end such that the endplates (compression plates on the outside of the conductive substrates #6 and #7 in Fig. 1; pg. 6 of Okochi translation) sandwich a first compact anode powder layer (negative electrode material powder layer; pg. 6 of Okochi translation), a first compact separator powder layer (solid electrolyte material powder layer; pg. 6 of Okochi translation), and a first compact cathode powder layer (positive electrode material powder layer; pg. 6 of translation) and the compact first separator powder layer being disposed between the first anode powder layer and the first cathode powder layer (solid electrolyte material powder layer arranged between negative electrode material powder layer and positive electrode material powder layer; pg. 6 of Okochi translation).
The compression plates in Fig. 1 are sandwich the negative electrode material powder layer, the solid electrolyte material powder layer and the positive electrode material powder layer.
Regarding claim 15, Okochi discloses the electrochemical assembly of claim 13 as noted above and Okochi discloses an electrochemical assembly comprising the layers are substantially free of binder (negative electrode material powder layer contains only negative electrode material, solid electrolyte material powder layer contains only solid electrolyte and positive electrode material powder layer only contains the positive electrode material layer; pgs. 8-9 of Okochi translation).
The insulating member would also provide a hermetic seal for the powder layers in the structure due to the conductive layers being disposed as outermost layers for the powder layers.
Regarding claim 16, Okochi discloses the electrochemical assembly of claim 13 as noted above and Okochi discloses the electrochemical assembly comprising an adjustment member disposed along the first and/or second endplate to accommodate expansion and contraction of the layers within the frame while maintaining a hermetic seal (insulating member #5 in Fig. 1 on outer periphery in stacking direction of structure preventing expansion and contraction of powder layers; pg. 5 of Okochi translation).
Regarding claim 17, Okochi discloses the electrochemical assembly of claim 13 as noted above and Okochi discloses the electrochemical assembly comprising the assembly is free of solvent (negative electrode material powder layer contains only negative electrode material, solid electrolyte material powder layer contains only solid electrolyte and positive electrode material powder layer only contains the positive electrode material layer; pgs. 8-9 of Okochi translation).
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.
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Okochi et al (JP 2020-095952) in view of Yoon et al (US 2010/0136411 A1).
Regarding claim 14, Okochi discloses the electrochemical assembly of claim 13 as noted above.
Okochi does not disclose the electrochemical assembly comprising a second compact anode layer, a second compact separator and a second compact cathode layer being disposed in the frame.
However, Yoon discloses electrochemical assembly comprising a second compact anode layer, a second compact separator and a second compact cathode layer being disposed in the frame (multiple anode electrode layers and multiple cathode layers separated by separator sheet; paragraphs [0032] and [0033]).
It would have been obvious to one of ordinary skill in the art to modify the electrochemical assembly of Okochi to include the additional cathode electrode layer, separator layer and anode electrode layer between the compression plates of Okochi because having additional anode electrode layers, additional separator layers and additional cathode electrode layers provides a prismatic cell with higher space efficiency and capacity (paragraph [0032] of Yoon).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571)-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SATHAVARAM I REDDY/Examiner, Art Unit 1785