DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 1-12, in the reply filed on August 5, 2026, is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2022270140 A1 (Ito ‘989 - citing to US 20240105989 A1 as an English translation).
Regarding claim 1, Ito ‘989 teaches a battery cell (a battery 1; [0039]) comprising:
a cathode electrode including a cathode active material and a cathode current collector (a positive electrode layer 10 including a positive electrode current collector 11 and a positive electrode active material 12; [0042]);
an anode electrode including an anode active material layer and an anode current collector (a negative electrode layer 20 including a negative electrode current collector 21 and a negative electrode active material layer 22; [0042]);
a solid electrolyte layer arranged between the cathode active material and the anode active material (a solid electrolyte layer 30 is arranged between the positive electrode active material layer 12 and the negative electrode active material layer 22; [0042] & Fig. 4), wherein the cathode electrode and the anode exchange lithium ions (the battery 1 is a lithium-ion battery using lithium ions; [0039]; the positive and negative electrode active materials are capable of occluding and releasing lithium ions; [0048] and [0054]); and
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a clad terminal (a reference electrode 40b; [0095]; having a metal wire member 41b; [0096]; the metal wire member 41b of battery 2 includes a metal layer 43 coating the stainless-steel wire 42; [0098] & Fig. 4) comprising a first metal layer (the metal layer 43 may coat part of the surface of the stainless-steel wire; [0098]) and a second metal layer (the stainless-steel wire 42 constitutes part of the reference electrode 40b; [0097]) and including a first portion arranged in the solid electrolyte layer and a second portion extending from the solid electrolyte layer (as shown in Fig. 4, the reference electrode 40b has a first portion embedded in the solid electrolyte layer 30 and a second portion extending therefrom; [0096] & Fig. 1).
Regarding claim 2, Ito ‘989 teaches the battery cell of claim 1, wherein the cathode electrode and the clad terminal are charged to convert the first metal layer to a lithium-metal alloy (the metal layer 43 is formed of a metal material which alloys with lithium, wherein the metal material progressively alloys with lithium when brought into contact with lithium at normal temperatures; [0099]).
Regarding claim 3, Ito ‘989 teaches the battery cell of claim 1, wherein the first metal layer of the clad terminal is arranged in the solid electrolyte layer (the metal layer 43 of the reference electrode 40b shown in Fig. 4 is arranged in the solid electrolyte 30).
Regarding claim 4, Ito ‘989 teaches the battery cell of claim 3, wherein the first metal layer is selected from the group consisting of aluminum (Al), tin (Sn), indium (In), gold (Au), zinc (Zn), bismuth (Bi), and alloys thereof (the metal layer 43, corresponding to the first metal layer is formed of a metal material which alloys with lithium, for example, gold, aluminum, zinc, indium, bismuth, or tin; [0099] & [0100]).
Regarding claim 5, Ito ‘989 teaches the battery cell of claim 3, wherein the second metal layer is selected from the group consisting of stainless steel, copper, nickel, iron, titanium, and alloys thereof (the metal wire member 41b includes the stainless-steel wire 42, corresponding to the second metal layer; [0019]).
Regarding claim 6, Ito ‘989 teaches the battery cell of claim 1, wherein:
the solid electrolyte layer includes a first solid electrolyte portion (first solid electrolyte portion 301; annotated Fig. 4) and a second solid electrolyte portion (second solid electrolyte portion 30; annotated Fig. 4),
the clad terminal is embedded in the first solid electrolyte portion (the reference electrode 40b is embedded in the first solid electrolyte portion 301; annotated Fig. 4), and
the first solid electrolyte portion and the clad terminal are embedded in the second solid electrolyte portion (the first solid electrolyte portion 301 and the reference electrode 40b are embedded within the second solid electrolyte portion 30; annotated Fig. 4).
[AltContent: textbox ((Annotated))] In [0051] the present specification, a first solid electrolyte layer and a second solid electrolyte layer are recited, as opposed to the claimed first solid electrolyte portion and a second solid electrolyte portion of a single solid electrolyte layer. In [0048] of the present specification, the first solid electrolyte layer and the second solid electrolyte layer can be made of the same type of solid electrolyte or different types of solid electrolytes.
However, as presently claimed, the first portion of the solid electrolyte layer and the second portion of the solid electrolyte layer may be interpreted simply as a first portion and a second portion of the whole, because the first portion and the second portion together make up the single solid electrolyte layer.
Claim 7 further recites “wherein the clad terminal is densified in the first solid electrolyte portion prior to densification of the first solid electrolyte portion and the clad terminal with at least one of the second solid electrolyte portion, the cathode electrode, and the anode electrode.”
Claim 8 further recites “wherein the clad terminal is densified in the first solid electrolyte portion prior to densification of the first solid electrolyte portion and the clad terminal between the cathode electrode and the second solid electrolyte portion.”
Claims 7 and 8 are considered product-by-process claims. The recited language in claims 7 and 8 of “the clad terminal is densified in the first solid electrolyte portion prior to densification of…” correspond to the densification steps disclosed in paragraphs [0040] - [0041] and [0046] - [0048]. The densification steps correspond to the method of formation of the battery cell, rather than the structure of the battery cell product.
Accordingly, the cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Regarding claim 9, Ito ‘989 teaches the battery cell of claim 8, wherein the first solid electrolyte portion contacts the cathode electrode (as shown in annotated Fig. 4, the first solid electrolyte portion 301 contacts the positive electrode active material 12 of the positive electrode layer 10).
Regarding claim 11, Ito ‘989 teaches the battery cell of claim 1, wherein the battery cell comprises an all-solid-state battery (ASSB) cell (an all-solid-state battery; [0039]).
Regarding claim 12, Ito ‘989 teaches the battery cell of claim 1, wherein the first metal layer and the second metal layer comprise foil (the metal member may be a metal wire member having a linear shape, a plate shape, or a foil shape; [0022]).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2022270140 A1 (Ito ‘989 - citing to US 20240105989 A1 as an English translation).
Regarding claim 10, Ito ‘989 teaches the battery cell of claim 6, but does not expressly disclose wherein a thickness Tc of the clad terminal is in a range from 10 µm to 50 µm, a thickness T1 of the first solid electrolyte portion is in a range from 15 µm to 60 µm, and a thickness T2 of the second solid electrolyte portion is in a range of 20 µm to 70 µm.
Nevertheless, In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (See MPEP § 2144.04).
Ito ‘989 teaches the recited structure of the claimed invention. Accordingly, the recited dimensions of the claimed structure do not render the claimed device patentably distinct from the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200119357 A1 (Hou ‘357) discloses a method for forming a densified all solid-state electrode layer on a dense layer of solid oxygen-containing electrolyte particles ([0014]).
US 20170179549 A1 (Andry ‘549) discloses an auxiliary electrode 100 containing more than one metal coating 110 ([0039]). For example, an auxiliary electrode 100 can have a metal coating 110 on a side of the auxiliary electrode 100 facing a cathode paste 18 and a second metal coating 110 on a side of the auxiliary electrode facing a zinc anode 26 ([0039] & Fig. 3B).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST.
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/TAYLOR HARRISON KRONE/Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
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