DETAILED ACTION
The applicant’s amendment filed on June 11, 2026 was received. Claim 4 was cancelled. Claims 1, 12 and 15 were amended. New claim 21 was added.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 .
Claim Rejections - 35 USC § 102
In view of Applicant’s persuasive argument, the Examiner withdraws the previously set forth rejection of claims 1-20 under 35 U.S.C. 102(a)(1) as being anticipated by Makino as detailed in the Office action dated March 11, 2026.
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.
Claims 1-3 and 5-21 are rejected under 35 U.S.C. 103 as being unpatentable over Makino et al. (hereinafter “Makino”) (U.S. Pub. No. 2017/0301947 A1, already of record).
Regarding claims 1-3 and 9, Makino teaches a solid electrolyte composition including an electrolytic polymerizable compound (cross-linking agent) and an inorganic solid electrolyte (see paragraph 54). The inorganic solid electrolyte may comprise a sulfide-based inorganic solid electrolyte (see paragraph 60). As an exemplary sulfide-based inorganic solid electrolyte, Li10GeP2S12 may be used (see paragraph 68). The electrolytic polymerizable compound may comprise trimethylpropane tri(meth)acrylate (see paragraphs 151, 152 and 160). The content of the electrolytic polymerizable compound may be 0.1 parts by mass or more and 20 parts by mass or less with respect to 100 parts by mass of the inorganic solid electrolyte (see paragraph 303). In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See 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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) (see MPEP § 2144.05).
Regarding claim 5, Makino teaches that the inorganic solid electrolyte layer may further contain a lithium salt (see paragraph 376). Inorganic fluoride salts such as LiPF6 and LiBF4 may be used (see paragraph 380).
Regarding claim 6, Makino teaches that the content of the lithium salt may be 5 parts by mass or more and 20 parts by mass or less with respect to 100 parts by mass of the inorganic solid electrolyte (see paragraph 394).
Regarding claim 7, Makino teaches that the solid electrolyte composition may comprise a dispersion medium (see paragraph 396). Aromatic compound solvents including dichlorobenzene may be used (see paragraph 401).
Regarding claim 8, Makino teaches that the inorganic solid electrolyte layer may further contain a polymerization initiator (see paragraph 353). Exemplary polymerization initiators include those described in paragraphs 135-208 of JP 2006-084049 A (see paragraph 356). Among these exemplary polymerization initiators is 2,2'-azobisisobutyronitrile (azobis-based compounds) (see paragraph 208 of JP 2006-084049 A).
Regarding claim 10, Makino teaches that a drying treatment may be carried out when forming the inorganic solid electrolyte layer. The drying temperature is not particularly limited, but is preferably 30° C or higher 200° C. or lower. When the compositions are heated in this temperature range, it is possible to remove the dispersion medium and cause the compositions to fall into a solid state (self-supporting) (see paragraph 460).
Regarding claim 11, Makino teaches that the solid electrolyte layer may be formed to have a thickness that is 3 to 400 μm (see paragraph 52).
Regarding claims 12, 13, 15 and 20, Makino teaches that a secondary battery electrode sheet may be manufactured by applying the solid electrolyte composition onto a positive electrode sheet, heating at 80° C for one hour, and then, furthermore, heating at 110° C for one hour. After that, a composition for a secondary battery negative electrode may be applied onto the dried solid electrolyte composition, heated at 80° C for one hour, and then, furthermore, heated at 110° C for one hour (see paragraph 533).
Regarding claim 14, Makino teaches that the solid electrolyte layer may be formed to have a thickness that is 3 to 400 μm (see paragraph 52).
Regarding claim 16, Makino teaches that a lithium single body or lithium alloys such as lithium aluminum alloys may be used as a negative electrode active material (see paragraph 439).
Regarding claim 17, Makino teaches that the thickness of the negative electrode active material layer may be 3 to 400 μm (see paragraph 52).
Regarding claim 18, Makino teaches that the positive electrode active material may comprise a transition metal oxide such LiCoO2, LiNi0.33Co0.33Mn0.33O2 LigNi0.8Co0.15Al0.05O2 (see paragraphs 409, 419 and 422)
Regarding claim 19, Makino teaches that the thickness of the positive electrode active material layer may be 3 to 400 μm (see paragraph 52).
Regarding claim 21, Makino that the inorganic solid electrolyte layer may further contain a polymerization initiator (see paragraph 353). The content of the polymerization initiator may be 0.1 parts by mass or more and 10 parts by mass or less with respect to 100 parts by mass of the electrolytic polymerizable compound (see paragraph 374).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727
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