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
.
Claim Rejections - 35 USC § 112
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.
Claim 19 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.
Regarding claim 19, it is not clear if the limitation “an opening” in “forming an opening in the encapsulation” is same or different from the opening recited previously.
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) 1-6, 19, 22-23, 27-28, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouillon et al. (US 20110076567 A1) in view of Zhong et al. (US 20120177959 A1).
Regarding claim 1, Bouillon discloses a method of making a packaged solid-state battery, the method comprising: forming a solid-state battery cell (para 27, "single elementary cell forming a lithium-ion type battery; fig 1) comprising: a conductive flexible substrate (para 29, "a cathode collector 18" ; fig 7), a cathode on the conductive flexible substrate (para 29, "a cathode 20 on the cathode collector" ; fig 7), a solid-state electrolyte on or over the cathode (para 29, “a battery electrolyte 22 on the cathode”; fig 7), an anode current collector on or over the solid-state electrolyte (para 36, "an anode collector 28"; fig 7), and an encapsulation on or over the conductive flexible substrate, the cathode, the solid-state electrolyte, and the anode current collector (para 39, "insulating protection layer ("insulation film") formed of a stack of two layers 30 and 32"; fig. 7).
Bouillon does not disclose winding, wrapping, or rolling the solid-state battery cell around one or more cores; and after winding, wrapping, or rolling, enclosing the solid-state battery cell in a cylindrical housing comprising a first terminal and a second terminal thereon or therein, thereby forming the packaged solid-state battery.
Zhong discloses a battery electrode assembly is wrapped/rolled and installed in a cylindrical housing 5 (para 113, “coiled on the core bar and installed in the housing 5”; fig 2). The housing 5 comprises a first terminal and a second terminal (para 14, “positive electrode lead-out terminal 3” and “negative electrode lead-out terminal 4) thereon or therein, thereby forming the packaged solid-state battery. It would have been obvious, at the time of the invention, to wrap/roll the solid-state battery cell of Bouillon and enclose it in a cylindrical housing comprising a first terminal and a second terminal forming the packaged solid-state battery as taught by Zhong as doing such “allows the battery to have sufficient structural rigidity” (para 17).
Regarding claim 2, Bouillon discloses the encapsulation comprises an opening, aligned with a portion of the anode current collector (para 40, "opening 34 is formed in stack 30 / 32 above a portion of anode collector layer 28"; fig. 5), and the solid-state battery cell further comprises a conductive redistribution layer (“metallization 36”; fig. 7) on the portion of the anode current collector, the encapsulation, and a first sidewall of the solid- state battery cell (para 41, "metallization 36 has been formed at the level of opening 34 and on a region of stack 30 / 32"; fig. 6).
Regarding claim 3, Bouillon discloses a substrate 10 and a cathode collector 18 (fig. 7). Bouillon teaches conductive flexible substrate is operable as a cathode current collector (CCC) for the solid-state battery cell as the specification of the instant application identifies conductive substrate as the CCC.
Regarding claim 4, Bouillon discloses a cathode current collector contact (“first contact 38”; fig. 7) in electrical contact with the conductive flexible substrate and an anode current collector contact (“second contact 42”; fig. 7) in electrical contact with the anode current collector (para 42-23).
Regarding claim 5, Bouillon discloses the solid-state battery cells (para 27-39).
Zhong discloses the cylindrical battery assembly 1 is enclosed in the housing 5 in a manner enabling the cathode current collector contact (para 13, “inner end surface of the positive electrode lead-out terminal 3“; fig. 2) to be in electrical communication with the first terminal 3 and also enabling the anode current collector contact (para 13, “inner end surface of the negative electrode lead-out terminal 4”; fig. 2) to be in electrical communication with the second terminal 4 (para 13-14; fig 2).
Regarding claim 6, Bouillon discloses "the cathode collector layer is made of titanium, tungsten, molybdenum, tantalum, platinum, or of an alloy or a stack of these materials" (para 18). Accordingly, Bouillon discloses conductive flexible substrate comprises a metal foil because recited material are metals.
Regarding claim 19, Bouillon discloses "the insulating layer may be deposited all over conductive substrate 10, after which this layer may be etched by lithography to create opening 14, by means of a resin in which an adapted pattern is previously formed" (para 27). Accordingly, Bouillon discloses forming an opening in the encapsulation by laser ablation, masking and etching, or patterned deposition of the encapsulation.
Regarding claim 22 and 23, Bouillon discloses “the cathode collector layer, the cathode layer, the electrolyte layer, and the anode layer are formed by physical vapor deposition (PVD)" (para 19). Bouillon further specifies “stack 16 may be formed by a succession of physical vapor depositions (PVD)” (para 28). Bouillon further discloses "a planarization or polishing of the structure is performed to remove all the layers located above the upper surface of the portions of insulating material 12 and thus expose this insulating material” (para 37). Accordingly, Bouillon discloses the cathode is deposited as a blanket layer on the conductive flexible substrate and the electrolyte is deposited as a blanket layer on or over the cathode.
Regarding claim 27, Bouillon discloses Zhong discloses adding an interleaved mechanical support 6 above or below the conductive flexible substrate during winding, wrapping, or rolling (para 13, figs 1-2).
Regarding claim 28, Zhong discloses a hollow core bar 2 (fig. 1).
Regarding claim 30, Bouillon discloses “the electrolyte layer is made of lithium phosphorus oxynitride (LiPON)" (para 18).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouillon et al. (US 20110076567 A1) in view of Zhong et al. (US 20120177959 A1) as applied to claim 6 above, and further in view of Takahashi et al. (US 20210313579 A1).
Regarding claim 7, Bouillon discloses metal foil (para 18). Bouillon does not explicitly disclose the solid-state battery cell further comprises a first barrier on a first major surface of the metal foil, the first barrier having a thickness effective to prevent migration of atoms or ions from the metal foil into overlying layers.
Takahashi discloses a metal current collector 30 (para 21) and a barrier having a thickness effective to prevent migration of atoms or ions from the metal foil into overlying layers (para 24, “protective layer 31”) formed on at least one surface of the collector. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the solid-state battery taught by Bouillon and Zhong to include a protective layer having a thickness effective to prevent migration of atoms or ions from the metal foil into overlying layers on the cathode collector as taught by Takahashi, in order to prevent redox reactions and heat generation in the cathode collector (para 24).
Regarding claim 8, Bouillon does not disclose the solid-state battery cell further comprises a second barrier on an opposite major surface of the metal foil, the second barrier having a thickness similar or identical to the first barrier.
Takahashi discloses protective layer is preferably formed on both sides ("opposite major surfaces") of the positive electrode current collector (para 19). Takahashi further discloses the protective layer has “a thickness of 1 µm to 5 µm” (para 26). . It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the solid-state battery taught by Bouillon and Zhong to include a protective layer on the opposite major surface the cathode collector with similar or identical thickness as taught by Takahashi, in order to prevent redox reactions and heat generation in the cathode collector (para 24).
Claim(s) 20 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouillon et al. (US 20110076567 A1) in view of Zhong et al. (US 20120177959 A1) as applied to claim 1 above, and further in view of Wallace (US 2015102530 A1).
Regarding claim 20, Bouillon and Zhong fail to disclose singulating the solid-state battery cell by dicing the conductive flexible substrate along a cathode edge.
Wallace discloses singulating the solid-state battery cell material by dicing the conductive flexible substrate along a cathode edge (para 66; fig. 2A-B). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the solid-state battery taught by Bouillon and Zhong by singulating the solid-state battery cell by dicing the conductive flexible substrate along a cathode edge as taught by Wallace in order to have “separate the individual battery cells from each other (para 66).
Regarding claim 24, Bouillon and Zhong fail to disclose the solid-state battery cell is an anode-less battery cell.
Wallace discloses he anode material is optional (para 12). Wallace further discloses, “the thin film battery is initially constructed without an anode” (para 42). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the solid-state battery taught by Bouillon and Zhong to be anode-less battery cell as taught by Wallace because of “cathode layer that can act as a source of lithium ions” (para 42).
Claim(s) 21, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouillon et al. (US 20110076567 A1) in view of Zhong et al. (US 20120177959 A1) as applied to claim 1 and 4 above, and further in view of Kim et al. (KR 20130022342 A; see attached machine translation).
Regarding claim 21, Bouillon and Zhong do not explicitly disclose the cathode current collector contact and the anode current collector contact comprises dipping or coating opposite ends of the solid-state battery cell with a conductive epoxy.
Kim discloses the positive terminal reinforcing pattern 180 (“cathode current collector contact”) and the negative terminal reinforcing pattern 190 (“anode current collector contact”) are coated with conductive paste such as epoxy resin (para 43). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the cathode current collector contact and the anode current collector contact in solid-state battery taught by Bouillon and Zhong to include conductive epoxy at the opposite ends of the solid-state battery cell as taught by Kim in order to have “excellent conductivity” (para 43).
Regarding claim 25 and 26, Bouillon and Zhong do not explicitly disclose the encapsulation comprises a parylene/aluminum oxide bilayer.
Kim discloses a thin film lithium battery with a protective layer 170 (encapsulation layer) which comprises an organic protective layer and inorganic protective layer (para 38). Kim specifies parylene as organic protective layer material and aluminum oxide as inorganic protective layer material (para 60). ). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the encapsulation in solid-state battery taught by Bouillon and Zhong to comprise a parylene/aluminum oxide bilayer as taught by Kim as doing such prevents the thin film battery from being oxidized in the atmosphere and reduces the defective rate due to the short circuit of the battery (para 38).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouillon et al. (US2011076567A1) in view of Zhong et al. (US 20120177959 A1) as applied to claim 28 above, and further in view of Toia et al. (US 20100173192 A1).
Regarding claim 29, Zhong discloses a hollow core. Bouillon and Zhong fail to disclose the hollow core contains a desiccant or an oxygen scavenger.
Toia discloses a means for sorption of harmful substances comprising “two polymeric sheets 11 and 12 welded to each other and defining a cavity 13 containing powders of one or more getter materials 14” (para 25). Toia further places the getter material in the polymeric housing because the getter material must be “completely inert to the electrolyte” (para 13). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the hollow core in solid-state battery taught by Bouillon and Zhong to comprise the getter material as taught by Toia as doing such prevents batteries from getting damaged in an irreparable manner due to harmful substances being generated inside the batteries (para 8). A skilled artisan would have known to place the getter material in the hollow core as it provides a protected internal space that is “completely inert to the electrolyte” and the wound assembly.
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 1-8 and 30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5 of 18/319,532, hereinafter referred to as Tran in view of Zhong et al. (US 20120177959 A1).
Regarding claim 1, Tran discloses a method of making a packaged solid-state battery, the method comprising: forming a solid-state battery cell comprising: a conductive flexible substrate (“a cathode current collector (CCC)”), a cathode on the conductive flexible, a solid-state electrolyte on or over the cathode, an anode current collector on or over the solid-state electrolyte, and an encapsulation (a barrier and/or insulation film ) on or over the conductive flexible substrate, the cathode, the solid-state electrolyte, and the anode current collector (claim 1).
Tran does not disclose winding, wrapping, or rolling the solid-state battery cell around one or more cores; and after winding, wrapping, or rolling, enclosing the solid-state battery cell in a cylindrical housing comprising a first terminal and a second terminal thereon or therein, thereby forming the packaged solid-state battery.
Zhong discloses battery electrode assembly “coiled on the core bar and installed in the housing 5” (para 113, fig 2). The housing comprises a first terminal and a second terminal (para 14, “positive electrode lead-out terminal 3” and “negative electrode lead-out terminal 4) thereon or therein, thereby forming the packaged solid-state battery. It would have been obvious, at the time of the invention, to coil the solid-state battery cell of Bouillon and enclose it in a cylindrical housing comprising a first terminal and a second terminal forming the packaged solid-state battery as taught by Zhong as doing such “allows the battery to have sufficient structural rigidity” (para 17).
Regarding claim 2, Tran discloses the encapsulation comprises an opening, aligned with a portion of the anode current collector (“exposing the ACC”), and the solid-state battery cell further comprises a conductive redistribution layer on the portion of the anode current collector, the encapsulation, and a first sidewall of the solid- state battery cell (claim 1).
Regarding claim 3, Tran discloses conductive flexible substrate serving as the cathode current collector (claim 1).
Regarding claim 4, Tran discloses first and second terminals (first and second contacts) on the first side or edge of the battery is electrically connected to each ACC through the redistribution layer on the first sidewall, and the other of the first and second terminals is electrically connected to each cathode or CCC on the second side or edge of the battery." (claim 1)
Regarding claim 5, Tran discloses the solid-state battery cells (claim 1). Zhong discloses the cylindrical battery assembly 1 is enclosed in the housing 5 in a manner enabling the cathode current collector contact (para 13, “inner end surface of the positive electrode lead-out terminal 3“; fig. 2) to be in electrical communication with the first terminal 3 and also enabling the anode current collector contact (para 13, “inner end surface of the negative electrode lead-out terminal 4”; fig. 2) to be in electrical communication with the second terminal 4 (para 13-14; fig 2).
Regarding claim 6, Tran discloses conductive flexible substrate comprises a metal foil (claim 2).
Regarding claim 7 and 8, Tran discloses "the solid-state battery further comprises first and second barriers on opposite major surfaces of the metal foil, the first and second barriers having a thickness effective to prevent migration of atoms or ions from the metal foil into overlying layers” (claim 3).
Regarding claim 30, Tran discloses the solid-state electrolyte comprises a lithium phosphorus oxynitride (LiPON), which may optionally be carbon-doped, or Li.sub.2WO.sub.4" (claim 4).
Conclusion
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/A.K./Examiner, Art Unit 1746
/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746
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