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 a non-final office action for application 18/368,237 filed on 09/14/2023 . Claims 1-3 are pending. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2019-116478 filed on 06/24/2019 . Acknowledgement is also made of applicant’s claim for domestic priority as a continuation of application 16/900,152 filed on 06/12/2020. Information Disclosure Statement The information disclosure statement s (IDS) s submitted on 10/13/2023 and 12/13/2023 are being considered by the examiner. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claim FILLIN "Pluralize \“Claim\” if necessary, insert \“is\” or \“are\” as appropriate, and insert the claim number(s) which are under rejection." s 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim FILLIN "Pluralize \“Claim\” if necessary, and insert the claim number(s) of the U.S. Patent." 1 of U.S. Patent No. FILLIN "Insert the number of the patent." US-11799127-B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because : Regarding Claim 1, Claim 1 of US-11799127-B2 recites an all solid state battery comprising a power generation element including a cathode, a solid electrolyte layer, and an anode, in this order, and an exterior body storing the power generation element, wherein the anode includes at least an anode current collector, the anode current collector includes a current collection portion and an elastic portion, the current collection portion being placed between the solid electrolyte layer and the elastic portion, and an elastic modulus of the anode current collector of 2.14×10³ N/mm² or more and 4.08×10³ N/mm² or less. The instant application claim 1 recites a battery comprising a power generation element including a cathode, an electrolyte layer, and an anode, in this order, and an exterior body storing the power generation element, wherein the anode includes at least an anode current collector, the anode current collector includes a current collection portion and an elastic portion, the current collection portion being placed between the electrolyte layer and the elastic portion, and an elastic modulus of the anode current collector of 2.14×10³ N/mm² or more and 4.08×10³ N/mm² or less. While the instant application does not explicitly require the electrolyte layer to be solid, it would have been obvious to a person of ordinary skill in the art that the claimed battery could include a solid electrolyte layer as in US-11799127-B2. The structure, arrangement, and function of the current collector and elastic portion are identical in both claims, and the claimed ranges for the elastic modulus are identical. Accordingly, the limitations of claim 1 of the instant application are not patentably distinct from claim 1 of US-11799127-B2. Regarding Claim 2, Claim 2 of the instant application depends from claim 1 and further recites that the electrolyte layer is a solid electrolyte layer and that the battery is an all solid state battery. These limitations are fully disclosed in claim 1 of US-11799127-B2, which explicitly recites an all solid state battery having a solid electrolyte layer. Because the additional limitations of claim 2 are fully anticipated and disclosed in the prior claim, claim 2 does not recite a patentably distinct invention. 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 FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Takahashi et al. (US-20150333359-A1) . Regarding Claim 1, Takahashi discloses a battery (see e.g. "secondary battery" in paragraph [0007] and FIGs. 1A and 6D), comprising; a power generation element (see e.g. "A power storage unit 100" in paragraph [0038] and part number 100 in FIG. 1A) including a cathode (see e.g. "a positive electrode 101" in paragraph [0038] and part number 101 in FIG. 2A), an electrolyte layer (see e.g. "Instead of the electrolytic solution, a solid electrolyte... may alternatively be used. When the solid electrolyte is used, a separator and a spacer are not necessary." in paragraph [0061] and part number 103 in FIG. 1A), and an anode (see e.g. "a negative electrode 102" in paragraph [0038] and part number 102 in FIG. 2A, in this order, and an exterior body storing the power generation element (see e.g. "an exterior body 107" in paragraph [0038] and part number 107 in FIG. 1A), wherein the anode includes at least an anode current collector (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D), the anode current collector includes a current collection portion (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D, and an elastic portion (see e.g. "the cushioning material 110" in paragraph [0119] and part number 110 in FIG. 6D) wherein the current collection portion is placed between the electrolyte layer and the elastic portion (see e.g. part numbers 110, 102 and 103 in FIG. 6D; the current collector 102 is between the solid electrolyte 103 and elastic part 110). Takahashi does not explicitly disclose that an elastic modulus of the anode current collector is 2.14 x 103 N/mm2 or more and 4.08 x 103 N/mm2 or less. However, Takahashi does disclose an anode current collector with no structural or compositional distinction to the anode current collector claimed. Therefore, the anode current collector having an elastic modulus that is 2.14 x 103 N/mm2 or more and 4.08 x 103 N/mm2 or less would be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I). Regarding Claim 2, Takahashi discloses the battery of claim 1 (see e.g. claim 1 rejection above). Takashi further discloses that the electrolyte layer is solid electrolyte layer and the battery is all solid state battery (see e.g. "Instead of the electrolytic solution, a solid electrolyte... may alternatively be used. When the solid electrolyte is used, a separator and a spacer are not necessary." in paragraph [0061]). A battery including only a solid electrolyte layer as disclosed would necessarily be an all-solid-state battery, as there are no non-solid components. Regarding Claim 3, Takahashi discloses a car (see e.g. "Application to a large battery provided in a vehicle or the like is also possible." in paragraph [0074]) having an all solid state battery (see e.g. "secondary battery" in paragraph [0007] and FIGs. 1A and 6D) comprising: a power generation element (see e.g. "A power storage unit 100" in paragraph [0038] and part number 100 in FIG. 1A) including a cathode (see e.g. "a positive electrode 101" in paragraph [0038] and part number 101 in FIG. 2A), a solid electrolyte layer (see e.g. "Instead of the electrolytic solution, a solid electrolyte... may alternatively be used. When the solid electrolyte is used, a separator and a spacer are not necessary." in paragraph [0061] and part number 103 in FIG. 1A), and an anode (see e.g. "a negative electrode 102" in paragraph [0038] and part number 102 in FIG. 2A, in this order, and an exterior body storing the power generation element (see e.g. "an exterior body 107" in paragraph [0038] and part number 107 in FIG. 1A), wherein the anode includes at least an anode current collector (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D), the anode current collector includes a current collection portion (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D, and an elastic portion (see e.g. "the cushioning material 110" in paragraph [0119] and part number 110 in FIG. 6D) wherein the current collection portion is placed between the solid electrolyte layer and the elastic portion (see e.g. part numbers 110, 102 and 103 in FIG. 6D; the current collector 102 is between the solid electrolyte 103 and elastic part 110). Takahashi does not explicitly disclose that an elastic modulus of the anode current collector is 2.14 x 103 N/mm2 or more and 4.08 x 103 N/mm2 or less. However, Takahashi does disclose an anode current collector with no structural or compositional distinction to the anode current collector claimed. Therefore, the anode current collector having an elastic modulus that is 2.14 x 103 N/mm2 or more and 4.08 x 103 N/mm2 or less would be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I). Claim s FILLIN "Pluralize claim, if necessary, and then insert the claim number(s) which is/are under rejection." \d "[ 1 ]" 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art reference(s) relied upon for the obviousness rejection." \d "[ 2 ]" Takahashi et al. (US-20150333359-A1) and further in view of FILLIN "Insert the additional prior art reference(s) relied upon for the obviousness rejection." \d "[ 4 ]" Watanabe (WO 2012/127561 A1) . Regarding Claim 1, Takahashi discloses a battery (see e.g. "secondary battery" in paragraph [0007] and FIGs. 1A and 6D), comprising; a power generation element (see e.g. "A power storage unit 100" in paragraph [0038] and part number 100 in FIG. 1A) including a cathode (see e.g. "a positive electrode 101" in paragraph [0038] and part number 101 in FIG. 2A), an electrolyte layer (see e.g. "Instead of the electrolytic solution, a solid electrolyte... may alternatively be used. When the solid electrolyte is used, a separator and a spacer are not necessary." in paragraph [0061] and part number 103 in FIG. 1A), and an anode (see e.g. "a negative electrode 102" in paragraph [0038] and part number 102 in FIG. 2A, in this order, and an exterior body storing the power generation element (see e.g. "an exterior body 107" in paragraph [0038] and part number 107 in FIG. 1A), wherein the anode includes at least an anode current collector (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D), the anode current collector includes a current collection portion (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D, and an elastic portion (see e.g. "the cushioning material 110" in paragraph [0119] and part number 110 in FIG. 6D) wherein the current collection portion is placed between the electrolyte layer and the elastic portion (see e.g. part numbers 110, 102 and 103 in FIG. 6D; the current collector 102 is between the solid electrolyte 103 and elastic part 110). Takahashi does not disclose that an elastic modulus of the anode current collector is 2.14 x 103 N/mm2 or more and 4.08 x 103 N/mm2 or less. Watanabe, however, in the same field of endeavor, all solid state batteries, discloses an anode current collector with an elastic modulus of 3.7 GPa (see e.g. PET-PVA Youngs Modulus in Table 1 highlighted on page 14 of Watanabe; 3.7 GPa is equivalent to 3700 N/mm2 or 3.7 x 103 N/mm2). Watanabe discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Watanabe further teaches that using a current collector of this type allows for a solid state battery to be lightweight and have high charge and discharge characteristics and be widely used as a power source for a variety of devices (see e.g. paragraph [25] on page 5 of Watanabe). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the anode current collect or of Takahashi et al. such that it has an elastic modulus of 3.7 GPa as taught by Watanabe in order to have a solid state battery that it lightweight with high charge and discharge characteristics as suggested by Watanabe. Regarding Claim 2, Takahashi in view of Watanabe discloses the battery of claim 1 (see e.g. claim 1 rejection above). Takashi further discloses that the electrolyte layer is solid electrolyte layer and the battery is all solid state battery (see e.g. "Instead of the electrolytic solution, a solid electrolyte... may alternatively be used. When the solid electrolyte is used, a separator and a spacer are not necessary." in paragraph [0061]). A battery including only a solid electrolyte layer as disclosed would necessarily be an all-solid-state battery, as there are no non-solid components. Regarding Claim 3, Takahashi in view of Watanabe discloses a car (see e.g. "Application to a large battery provided in a vehicle or the like is also possible." in paragraph [0074]) having an all solid state battery (see e.g. "secondary battery" in paragraph [0007] and FIGs. 1A and 6D) comprising: a power generation element (see e.g. "A power storage unit 100" in paragraph [0038] and part number 100 in FIG. 1A) including a cathode (see e.g. "a positive electrode 101" in paragraph [0038] and part number 101 in FIG. 2A), a solid electrolyte layer (see e.g. "Instead of the electrolytic solution, a solid electrolyte... may alternatively be used. When the solid electrolyte is used, a separator and a spacer are not necessary." in paragraph [0061] and part number 103 in FIG. 1A), and an anode (see e.g. "a negative electrode 102" in paragraph [0038] and part number 102 in FIG. 2A, in this order, and an exterior body storing the power generation element (see e.g. "an exterior body 107" in paragraph [0038] and part number 107 in FIG. 1A), wherein the anode includes at least an anode current collector (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D), the anode current collector includes a current collection portion (see e.g. "The negative electrode 102 refers to the one including a current collector" in paragraph [0043] and part number 102 in FIG. 6D, and an elastic portion (see e.g. "the cushioning material 110" in paragraph [0119] and part number 110 in FIG. 6D) wherein the current collection portion is placed between the solid electrolyte layer and the elastic portion (see e.g. part numbers 110, 102 and 103 in FIG. 6D; the current collector 102 is between the solid electrolyte 103 and elastic part 110). Takahashi does not disclose that an elastic modulus of the anode current collector is 2.14 x 103 N/mm2 or more and 4.08 x 103 N/mm2 or less. Watanabe, however, in the same field of endeavor, all solid state batteries, discloses an anode current collector with an elastic modulus of 3.7 GPa (see e.g. PET-PVA Youngs Modulus in Table 1 highlighted on page 14 of Watanabe; 3.7 GPa is equivalent to 3700 N/mm2 or 3.7 x 103 N/mm2). Watanabe discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Watanabe further teaches that using a current collector of this type allows for a solid state battery to be lightweight and have high charge and discharge characteristics and be widely used as a power source for a variety of devices (see e.g. paragraph [25] on page 5 of Watanabe). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the anode current collector o f Takahashi et al. such that it has an elastic modulus of 3.7 GPa as taught by Watanabe in order to have a solid state battery that it lightweight with high charge and discharge characteristics as suggested by Watanabe. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Fukui et al. (US-20050244711-A1) Cho et al. (US-20250210810-A1) Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JESSE EFYMOW whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-0795 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Thursday 10:30 am - 8:30 pm EST . 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