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 § 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.
Claims 2-5, 7, 8, 10 and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asada et al. (hereinafter “Asada”) (JP 2019-153582 A; see English machine translation).
Regarding claims 2, 5, 7, 8, 10 and 16-18, Asada teaches a battery comprising a negative electrode (form of a layer) containing magnesium, and a sulfide solid electrolyte (see paragraph 13). The negative electrode preferably has a coating containing MgS (passivation material) on the surface thereof (form of a layer). The coating is formed by a reaction between sulfur in the sulfide solid electrolyte and magnesium contained in the negative electrode. This MgS is thought to have a narrower band gap and superior electrical conductivity compared to MgO and other materials formed at the interface with other solid electrolytes, and therefore it is presumed that this will suppress an increase in interfacial resistance and reduce the insulating nature of metallic magnesium, thereby enabling further increases in discharge capacity and charge/discharge efficiency. Absent any further teaching within Asada of the inclusion of other elements, including potential impurities, it is presumed that the MgS coating is substantially pure (greater than or equal to 90 mol. %).
Regarding claims 3 and 4, Asada teaches that the negative electrode has the formula AXMgYMZ, where X and Z may be zero (see paragraph 14). Thus, the negative electrode may comprise pure magnesium.
Regarding claim 12, MgS is known to be a crystalline material having a cubic crystal structure.
Regarding claims 13-15, although Asada does not explicitly teach the claimed ionic conductivity, cationic transference number, or anionic transference number of the MgS coating layer, one of ordinary skill in the art would expect the MgS coating layer of Asada to exhibit these properties because the MgS coating layer is substantially identical in composition to the claimed passivation layer. It has been held by the courts that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (see MPEP § 2112.01).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Asada as applied to claims 2-5, 7, 8, 10 and 12-18 above.
Regarding claim 11, although Asada does not explicitly teach a thickness of the MgS coating layer, it is noted that Asada does teach that a thickness of the negative electrode mixture layer is most preferably no more than 200 µm (see paragraph 44). It is well understood within the art that it is desirable to minimize the thickness of non-active elements of a battery electrode assembly. As such, one of ordinary skill in the art would not expect the MgS coating layer of Asada to have a thickness which is greater than that of the negative electrode mixture layer.
Allowable Subject Matter
Claims 6 and 9 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
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/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727