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)(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.
Claim(s) 1, 3, 4, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Application Publication No. 2022/0069344 to Sasaki (“Sasaki”). Regarding claims 1, 4, 6, and 7, Sasaki discloses an all-solid batteries comprising an all-solid battery element held in an exterior material that effectively suppresses leakage of hydrogen sulfide gas to the outside. Sasaki at Abstract. The exterior material includes an outermost base material layer (1), a barrier layer (3), and an inner heat-sealable resin layer (4) layered in that order. Id. at paragraph [0026]. The barrier layer is preferably made of a metal foil material. Id. at paragraph [0098]. The heat sealable resin layer in some embodiments is comprised of two separate layers, each comprised of a resin having a hydrogen sulfide permeability of 1x10-10 cc*mm/cm2*sec*cmHg or less and a water transmission rate that is 1 g/m2/24h or less. Id. at paragraphs [0135], [0136], and [0139]. Thus, the base material layer (1) is considered to correspond to the recited substrate, the barrier layer to the metal foil layer, the innermost layer of the two-layer heat sealable resin layer to the recited sealant layer, and the outer of the two-layer heat sealable resin layers to the recited heat resistant gas barrier layer.
Further regarding claim 3, Sasaki discloses that its heat-sealable resin layers should have a preferable thickness of 10 microns to 60 microns based on the balance of interests of good sealing, good barrier properties, and not creating an excessively large battery. This thickness so substantially overlaps with the recited thickness that the Office finds it to anticipate the recited range.
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(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki. Sasaki is applied as described above. Sasaki does not discuss a ratio da1/da0 or db1/db0. However, Sasaki discusses that the heat sealable resin needs to seal to itself, but also needs to be able to withstand high pressure heat sealing conditions without allowing the barrier layer and electrolyte of the battery element to contact one another. Thus, the person of ordinary skill in the art at the time of invention would have reason to adjust the ratio of the thickness of the innermost portion of the heat sealable resin and the outermost heat sealable resin based on the needs to seal the outer material, and the need to establish a robust protection against contact between the barrier layer and the battery element under high pressure.
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/WYATT P MCCONNELL/Examiner, Art Unit 1727
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