DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 4 recites the limitation “wherein the first solid electrolyte layer and the second solid electrolyte layer contain a solid electrolyte”. It is not clear whether it is the same or different solid electrolyte as recited in claim 1 from which it depends. For the purpose of this Office Action, the limitation has been interpreted as “wherein the first solid electrolyte layer and the second solid electrolyte layer contain the solid electrolyte”.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claim(s) 1, 2, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (JP2016134254A) as cited in IDS dated 5/7/24.
Regarding claim 1, Kato discloses an all-solid-state battery (abstract, battery 10 in Fig. 2, [0015]) in which a positive electrode active material layer(positive electrode active material layer 1, Fig. 2, [0015]), a solid electrolyte layer(3, Fig. 2, [0015]), a negative electrode active material layer(2, Fig. 2, [0015]), and a negative electrode current collector (5, Fig. 2, [0015]) are laminated in this order on at least one surface of a positive electrode current collector(4, Fig. 2, [0015]), wherein the negative electrode active material layer contains a negative electrode active material and a solid electrolyte([0039]-[0041]), wherein a filling rate of the negative electrode active material layer is 75% or more [0041]) which overlaps the claim range of less than 80%, thus reading on the limitation.
Continuing with claim 1, Kato discloses wherein a weight percentage of the solid electrolyte in the negative electrode active material layer is 10% by weight to 80% by weight ([0039], [0036]) which overlaps the claim range of 1 weight % to 50 weight %, thus reading on the limitation.
Kato is explicitly silent to the claimed ranges however “in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
Regarding claim 2, Kato discloses the positive electrode active material layer contains a positive electrode active material([0031]-[0033]), wherein the solid electrolyte layer contains a solid electrolyte([0024]-[0028]), wherein a filling rate of the positive electrode active material layer is 85% or more(75% or more [0038]), and wherein a filling rate of the solid electrolyte layer is 85% or more ([0030]).
Kato is explicitly silent to the claimed range however “in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
Regarding claim 5, Kato discloses the negative electrode active material is Si or a Si alloy([0040]).
7. Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (JP2016134254A) as cited in IDS dated 5/7/24 as applied to claim 1 above, and further in view of Lee et al. (US2023/0128073) as cited in IDS dated 6/18/25.
Regarding claim 3, Kato discloses a first positive electrode active material layer(1, Fig. 2), a first solid electrolyte layer(3, Fig. 2), a first negative electrode active material layer(2, Fig. 2), and a first negative electrode current collector (5, Fig. 2) are laminated in this order on one surface of the positive electrode current collector (4, Fig. 2, [0015]), wherein the first negative electrode active material layer contains the negative electrode active material ([0040]) and wherein a filling rate of the first negative electrode active material layer is less than 80% (75% or more [0041]) but does not explicitly disclose wherein a second positive electrode active material layer, a second solid electrolyte layer, a second negative electrode active material layer, and a second negative electrode current collector are laminated in this order on the other surface of the positive electrode current collector, wherein the second negative electrode active material layer contains the negative electrode active material.
Lee teaches all-solid secondary battery (title). Lee teaches as illustrated in FIG. 2, the all-solid secondary battery may include the cathode layer 10, the anode layers 20 a, 20 b, and the solid electrolyte layers 30 a, 30 b located therebetween([0030]). Lee teaches the cathode layer 10 may include the cathode current collector 11 and first and second cathode active material layers 12 a and 12 b on opposite surfaces, e.g., both sides, of the cathode current collector 11 ([0030]). Lee teaches the solid electrolyte layers 30 a, 30 b may include a first solid electrolyte layer 30 a contiguous, e.g., in direct contact, with the first cathode active material layer 12 a and a second solid electrolyte layer 30 b contiguous, e.g., in direct contact, with the second cathode active material layer 12 b ([0030]). Lee teaches the anode layers 20 a, 20 b may include a first anode active material layer 22 a and a second anode active material layer 22 b, which are contiguous, e.g., in direct contact, with the first solid electrolyte layer 30 a and the second solid electrolyte layer 30 b, respectively, and may include a first anode current collector 21 a and a second anode current collector 21 b, which are contiguous, e.g., in direct contact, with the first anode active material layer 22 a and the second anode active material layer 22 b, respectively ([0030]). Lee teaches the resulting stack was placed in a heated plate press and pressed, and the prepared stack was plate press-treated at 85° C. at a pressure of 500 Mpa for 30 minutes, to prepare a laminated cell([0148]).
It would have been obvious to one of ordinary skill in the art to include in the all solid state battery of Kato, a second positive electrode active material layer, a second solid electrolyte layer, a second negative electrode active material layer, and a second negative electrode current collector are laminated in this order on the other surface of the positive electrode current collector, wherein the second negative electrode active material layer contains the negative electrode active material as taught by Lee as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Continuing with claim 3, modified Kato discloses wherein a filling rate of the second negative electrode active material layer is 75% or more (Kato [0041]) which overlaps the claim range of less than 80%, thus reading on the limitation.
Kato is explicitly silent to the claimed range however “in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
Regarding claim 4, modified Kato discloses the first positive electrode active material layer and the second positive electrode active material layer contain a positive electrode active material(Kato [0032]), wherein the first solid electrolyte layer and the second solid electrolyte layer contain the solid electrolyte(Kato [0024]), wherein a filling rate of the first positive electrode active material layer and the second positive electrode active material layer is 85% or more (Kato, 75% or more [0038]), thus reading on the limitation.
Kato is explicitly silent to the claimed range however “in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
Continuing with claim 4, modified Kato discloses wherein a filling rate of the first solid electrolyte layer and the second solid electrolyte layer is 85% or more(Kato, 85% or more [0030]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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