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
Claims 1-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/24/2026.
Applicant’s election without traverse of Group II (claims 12-20) in the reply filed on 2/24/2026 is acknowledged.
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.
Claims 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (US 2018/0233771), and further in view of Oku (US 2015/0318555).
As to claim 12, Miyazaki discloses a battery (figure 1 #10, [0005], [0017], discussed throughout), comprising: an electric power generating element (figure 2 #20, [0005], [0017], electrode assembly, discussed throughout) including a first current collector containing a first metal ([0028], positive electrode current collector, made of aluminum, discussed throughout), a first active material layer ([0028], positive electrode active material, discussed throughout), a solid electrolyte layer ([0032], discussed throughout), a second active material layer ([0030], negative electrode active material, discussed throughout), and a second current collector containing a second metal harder than the first metal ([0030], negative electrode current collector, made of copper, discussed throughout) which are laminated in this order ([0024], discussed throughout).
Miyazaki is silent to a plurality of adhering objects that are composed of a first material harder than the first metal and adhere to a main surface of the first current collector that is on an opposite side from the first active material layer.
Oku discloses a current collector for use within a lithium ion battery ([0008], [0005], discussed throughout) wherein the current collector has a metal thin film layer made of aluminum or copper ([0033], layer 2 figure 1) and a coating on both sides the metal thin film (figure 1, layer 1 and layer 3) wherein the coating comprise a polymer and electrically conductive particles (a plurality of adhered objects composed of a first material, [0010], [0037], discussed throughout), wherein the electrically conductive particles can be copper ([0122], [0123], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the current collector from Oku within the battery of Miyazaki as a mere combing prior art elements according to known methods to obtain predictable results (MPEP 2143 I) and because the current collector is capable of improving power density and stability to the equilibrium of the battery ([0008], discussed throughout).
As to claim 13, modified Miyazaki discloses wherein, the plurality of adhering objects have an average maximum width less than or equal to 10 μm in plan view ([0126], Oku, discussed throughout). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
As to claim 14, modified Miyazaki discloses wherein, the first material contains the second metal ([0030], copper, Miyazaki, [0033], [0122]-[0123], Oku, copper; disused throughout).
As to claim 15, modified Miyazaki is silent to wherein, the main surface of the first current collector to which the plurality of adhering objects adhere is rougher than a main surface of the second current collector that is on an opposite side from the second active material layer. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the main surface of the first current collector to which the plurality of adhering objects adhere is rougher than a main surface of the second current collector that is on an opposite side from the second active material layer given a finite number of options i.e. rougher, equal or less rough (see MPEP 2143 I (E)).
As to claim 16, modified Miyazaki discloses wherein, the first metal is aluminum ([0028], Miyazaki; [0033], [0122]-[0123], Oku; discussed throughout), and wherein the second metal is copper ([0030], Miyazaki; [0033], [0122]-[0123], Oku, discussed throughout).
As to claim 17, modified Miyazaki discloses wherein, at least one of the plurality of adhering objects adheres to an edge portion of the first current collector in plan view (figures 2, Miyaza; and seen throughout).
As to claim 18, modified Miyazaki discloses wherein, the first current collector includes at least one step portion formed as a protruding or recessed portion and having a line shape in plan view (figure 2 #22, [0025], Miyazaki, discussed throughout). Miyazaki is silent to wherein the protruding or recessed portion has a width larger than or equal to 1 mm. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to adjust the step as a mere change in size (see MPEP 2144.04).
As to claim 19, modified Miyazaki discloses wherein, the step portion is formed as the protruding portion (figure 2, Miyazaki). Miyazaki is silent to wherein the number of adhering objects adhering to the first current collector per unit area of the main surface of the first current collector that is on the opposite side from the first active material layer is larger in a portion other than a portion in which the step portion is located than in the portion in which the step portion is located. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the metal film (layer 2 of Oku) be the only layer at the tab so that the tab (figure 2 #22; Miyazaki) can be welded to the terminal (figure 2 #16, [0025], Miyazaki) without the impedance of the polymers, thus reading on the instant claimed invention.
As to claim 20, modified Miyazaki discloses wherein, the solid electrolyte layer contains a solid electrolyte having lithium-ion conductivity ([0021], [0032], the battery is a lithium ion battery thus the solid electrolyte would have a lithium ion conductivity; discussed throughout, Miyazaki).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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