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 .
Election/Restrictions
Applicant’s election without traverse of Species A and Species 1 in the reply filed on 05/27/2026 is acknowledged.
Applicant states on Page 2 of the Remarks filed 05/27/2026, “In response to the requirement, Applicant provisionally elects Species A, described in paragraphs [0011]-[0058] of the specification and Figs. 1-5, and also Species 1, described in paragraph [0021], without traverse. The claims encompassing the elected species are claims 1-10, and at least claims 1 and 7 are generic”.
The Examiner stated Species A was the first embodiment described in Figs. 1-5 whereas Species B was the second embodiment in Fig. 6. Further, the Examiner stated if Species A is chosen, an election between Species 1 and Species 2 must be chosen, wherein Species 1 is described by Applicant’s specification at P21 and Species 2 is described by Applicant’s specification at P23.
In the Requirement for Restriction, the Examiner stated Species A and Species B were different variations of a solid-state battery. The Examiner also states “Species A requires a seal material to seal the solid-state battery in the outer packaging body and Species B does not require a seal material to seal the solid-state battery in the outer packaging body (P61)”.
Upon further review of Species A and Species B, the species are actually independent and distinct due to the two descriptions below:
Species A (Figs. 1-5) is described by:
P18 stating “As illustrated in FIGS. 1, 2, the solid-state battery 1 according to the first embodiment of this disclosure includes a negative current collector layer 11, a negative active material layer 12, a solid electrolyte layer 13, a positive active material layer 14, a positive current collector layer 15, and an insulating layer 16 that are laminated in this order. Here, the negative current collector layer 11 is wound on a laminated body 17 including the negative active material layer 12, the solid electrolyte layer 13, the positive active material layer 14, the positive current collector layer 15, and the insulating layer 16 to surround the laminated body 17. The negative current collector layer 11 forms an outer packaging body such that overlapped parts of the negative current collector layer 11 are joined to each other via an adhesive layer 18 at a position overlapping with a surface of the laminated body 17 in its lamination direction. In either end 11a, in a direction perpendicular to the winding direction, of the negative current collector layer 11 constituting the outer packaging body, facing parts of the negative current collector layer 11, the facing parts being facing each other in the lamination direction, are bonded to each other via an adhesive layer 19. Further, the positive current collector layer 15 projects outside the outer packaging body in the direction perpendicular to the winding direction of the negative current collector layer 11. Note that, although not illustrated herein, in a part where the positive current collector layer 15 projects outwardly from the inside of the outer packaging body constituted by the negative current collector layer 11, the positive current collector layer 15 and the negative current collector layer 11 are bonded to each other via an adhesive layer having an insulating property or via an adhesive layer with an insulating member being provided between the positive current collector layer 15 and the negative current collector layer 11.”
P23 by stating “In the meantime, as illustrated in FIGS. 4, 5, the solid-state battery 2 different from the first embodiment of this disclosure has a structure where a negative current collector layer 21, a negative active material layer 22, a solid electrolyte layer 23, a positive active material layer 24, and a positive current collector layer 25 are laminated in this order, but when the solid-state battery 2 is viewed from the lamination direction, edges of the solid-state battery 2 are sealed by sealing members 26. In such a configuration, as illustrated in FIG. 5, when the solid-state battery 2 is viewed from the lamination direction, the sealing members 26 are placed to surround the negative active material layer 22, the solid electrolyte layer 23, and the positive active material layer 24. Accordingly, in comparison with the solid-state battery 1 according to the first embodiment of this disclosure, the widths of the negative active material layer 22, the solid electrolyte layer 23, and the positive active material layer 24 are small.”
Species B (Fig. 6) is described by:
P67 stating “As illustrated in FIG. 6, the solid-state battery 3 according to the second embodiment of this disclosure is a solid-state battery 3 including a negative current collector layer 31, a negative active material layer 32, a solid electrolyte layer 33, a positive active material layer 34, and a positive current collector layer 35 that are laminated in this order. Each of the negative current collector layer 31 and the positive current collector layer 35 is wound on a laminated body including the negative active material layer 32, the solid electrolyte layer 33, the positive active material layer 34, and a current collector layer different from the each of the negative current collector layer 31 and the positive current collector layer 35 to sandwich the laminated body. The negative current collector layer 31 and the positive current collector layer 35 form an outer packaging body such that the each of the negative current collector layer 31 and the positive current collector layer 35 is joined to the current collector layer different from the each of the negative current collector layer 31 and the positive current collector layer 35 via an adhesive layer 36 having an insulating property, at a position overlapping with a surface of the laminated body in the lamination direction. In either end, in a direction perpendicular to the winding direction, of the solid-state battery 3, the negative current collector layer 31 and the positive current collector layer 35 constituting the outer packaging body are bonded to each other via an adhesive layer.”
In the Requirement for Restriction, the Examiner stated Species 1 and Species 2 is described by Applicant’s specification at P21 and 23, respectively.
Species 1 is described by:
P21 - “As illustrated in FIG. 3, in the solid-state battery 1 according to the first embodiment of this disclosure, the outer packaging body constituted by the negative current collector layer 11 is sealed by the adhesive layers 18, 19, at a position (not illustrated) overlapping with a surface of the laminated body 17 in the lamination direction and in both end parts of the outer packaging body in the direction perpendicular to the winding direction of the negative current collector layer 11. In the meantime, it is not necessary that any adhesive layer be placed in both end parts of the outer packaging body in the winding direction of the negative current collector layer 11 when the outer packaging body is viewed in the lamination direction. Accordingly, in terms of the winding direction, the widths of the negative active material layer 12, the solid electrolyte layer 13, and the positive active material layer 14 can be increased. Further, since the negative current collector layer 11 serves as the outer packaging body, an additional outer packaging body covering the solid-state battery is not required.”
Species 2 is described by:
P23 – “In the meantime, as illustrated in FIGS. 4, 5, the solid-state battery 2 different from the first embodiment of this disclosure has a structure where a negative current collector layer 21, a negative active material layer 22, a solid electrolyte layer 23, a positive active material layer 24, and a positive current collector layer 25 are laminated in this order, but when the solid-state battery 2 is viewed from the lamination direction, edges of the solid-state battery 2 are sealed by sealing members 26. In such a configuration, as illustrated in FIG. 5, when the solid-state battery 2 is viewed from the lamination direction, the sealing members 26 are placed to surround the negative active material layer 22, the solid electrolyte layer 23, and the positive active material layer 24. Accordingly, in comparison with the solid-state battery 1 according to the first embodiment of this disclosure, the widths of the negative active material layer 22, the solid electrolyte layer 23, and the positive active material layer 24 are small.”
From the descriptions above, Species A Species 1 is described by Figs. 1-3 (including Applicant’s P21), Species A Species 2 is described by Figs. 4-5 (including Applicant’s P23), and Species B is described by Fig. 6.
At least claims 1 and 7 are not generic as set forth by the Applicant in the Remarks filed 05/27/2026. Claims 1-6 describe Species A, Species 1. Claims 7-10 describe Species B.
Therefore, due to Applicant’s election of Species A (Figs. 1-5) and Species 1 (P21), and the fact that claims 1-6 describe the embodiment of Species A, Species 1:
Claims 7-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/27/2026.
Drawings
The drawings are objected to because:
Fig. 3 references two structures as “11”. In Applicant’s specification at P21, the specification recites “As illustrated in FIG. 3, in the solid-state battery 1 according to the first embodiment of this disclosure, the outer packaging body constituted by the negative current collector layer 11 is sealed by the adhesive layers 18, 19, at a position (not illustrated) overlapping with a surface of the laminated body 17 in the lamination direction and in both end parts of the outer packaging body in the direction perpendicular to the winding direction of the negative current collector layer 11. In the meantime, it is not necessary that any adhesive layer be placed in both end parts of the outer packaging body in the winding direction of the negative current collector layer 11 when the outer packaging body is viewed in the lamination direction. Accordingly, in terms of the winding direction, the widths of the negative active material layer 12, the solid electrolyte layer 13, and the positive active material layer 14 can be increased. Further, since the negative current collector layer 11 serves as the outer packaging body, an additional outer packaging body covering the solid-state battery is not required.”.
It is believed one of the two “11” reference numerals in Fig. 3 is supposed to be reference numeral “12”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al (US 20200328428 A1) in view of Ueno et al (US 20210036362 A1).
Regarding claim 1, Ohta discloses a solid-state battery including a first current collector layer (negative electrode current collector 71 in Fig. 8), a first active material layer (negative electrode active material layer 72 in Fig. 8), an electrolyte layer (solid electrolyte layer 90 in Fig. 8), a second active material layer (positive electrode active material layer 62 in Fig. 8), and a second current collector layer (positive electrode current collector 61 in Fig. 8) that are laminated in this order (see entire disclosure and especially P98),
wherein: the first current collector layer is wound on a laminated body including the first active material layer, the electrolyte layer, the second active material layer, and the second current collector layer to surround the laminated body (as seen in Fig. 8, the negative electrode current collector 71 is wrapped around the layers; see also the annotated Fig. below); and
the first current collector layer forms an outer packaging body such that overlapped parts of the first current collector layer are joined to each other at a position overlapping with a surface of the laminated body in a lamination direction of the laminated body (see the annotated Fig. below; the overlapping portions of the current collector are joined to each other indirectly through the stacking of the battery layers and the integration of all layers into the all-solid state battery group 10B; the negative electrode current collector 71 can be considered, under broadest reasonable interpretation, to form an outer packaging body because it envelops the laminated body inside, thereby being an outside piece packaging the laminated body therein).
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Annotated Ohta Fig. 8
However, Ohta does not disclose an insulating layer disposed after the second current collector layer.
In a similar field of endeavor, Ueno discloses an all-solid-state battery including a first intermediate layer (56 in Fig. 1) formed between the positive electrode current collector layer (51 in Fig. 1) ad the positive electrode active material layer (52 in Fig. 2; P38). Ueno discloses the first intermediate layer allows for appropriate bonding between the positive electrode current collector layer and the positive electrode active material layer (P38). Ueno discloses, accordingly, localization of the electrochemical reaction during charge or discharge can be reduced, a reaction between the positive electrode active material and the negative electrode active material can be uniformly generated, and cycling characteristics can be improved (P38). Ueno discloses the first intermediate layer can be formed of a perovskite compound such as lanthanum lithium titanate (
L
a
0.5
L
i
0.5
T
i
O
3
) (P79).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Ueno and provided, between the second current collector layer and the second active material layer of Ohta, an intermediate layer formed of a perovskite compound such as lanthanum lithium titanate (
L
a
0.5
L
i
0.5
T
i
O
3
), given Ueno teaches this can allow for appropriate bonding between a positive electrode current collector layer and a positive electrode active material layer leading to improved cycling characteristics.
The Examiner notes that lanthanum lithium titanate (
L
a
0.5
L
i
0.5
T
i
O
3
) is known to have low thermal conductivity and be a thermal insulator, therefore, it can be considered an “insulating” layer.
The Examiner notes that the solid-state battery of modified Ohta would be laminated in the order: a first current collector layer (negative electrode current collector 71 in Fig. 8), a first active material layer (negative electrode active material layer 72 in Fig. 8), an electrolyte layer (solid electrolyte layer 90 in Fig. 8), a second active material layer (positive electrode active material layer 62 in Fig. 8), an insulating layer of lanthanum lithium titanate, a second current collector layer (positive electrode current collector 61 in Fig. 8), and an insulating layer of lanthanum lithium titanate, which still reads on the limitations of claim 1, as there is nothing barring additional layers form in between the claimed layers.
Regarding claim 2, modified Ohta meets the limitation wherein the second current collector layer projects outside the outer packaging body in a direction perpendicular to a winding direction of the first current collector layer (in Fig. 11, the positive electrode current collector 61 of positive electrode units 60A appear to project outside of the negative electrode current collector 71 of negative electrode units 70A in a direction perpendicular to the winding direction; see entire disclosure and especially P119 and 124).
Regarding claim 3, modified Ohta meets the limitation wherein the first current collector layer is made of metal (see Ohta P70 wherein a list of metals such as silver (Ag), palladium (Pd), gold (Au), platinum (Pt), aluminum (Al), copper (Cu), chromium (Cr), and nickel (Ni) can be selected as the material of the negative electrode current collector 71; The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).).
Regarding claim 4, modified Ohta meets the limitation wherein: when the solid-state battery is viewed from the lamination direction of the laminated body, the second active material layer is placed inside an outer periphery of the first active material layer; and a joined portion where the overlapped parts of the first current collector layer are joined to each other overlaps with a whole surface of the second active material layer (the positive electrode active material layer 62 is fully covered by the negative electrode active material layer 72 such that it can be considered placed inside an outer periphery of the negative electrode active material layer 72; the positive electrode active material layer 62 is also fully covered by the overlapped parts of the negative electrode current collector layer 71; see Fig. 8 and the annotated Fig. below).
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Annotated Ohta Fig. 8
Regarding claim 5, modified Ohta meets the limitation wherein: the laminated body has a longitudinal direction and a short direction; and the first current collector layer is wound on the laminated body around an axis along the longitudinal direction (see Fig. 8).
Regarding claim 6, modified Ohta meets the limitation wherein, when the solid-state battery is viewed from the lamination direction of the solid-state battery, the second current collector layer and the second active material layer are placed inside an outer periphery of the insulating layer (the positive electrode active material layer 62 is fully covered by the negative electrode active material layer 72 such that it can be considered placed inside an outer periphery of the negative electrode active material layer 72; given the lanthanum lithium titanate insulating layer of Ueno is provided between wherein the positive electrode active material layer 62 and the positive electrode current collector 61 meet, the insulating layer provided after the positive electrode current collector 61 forming the second current collector would also be fully covered by the negative electrode active material layer 72 such that it can be considered placed inside an outer periphery of the negative electrode active material layer 72; see Fig. 8 and the annotated Fig. below).
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Annotated Ohta Fig. 8
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mary Harris whose telephone number is (571)272-0690. The examiner can normally be reached M-F 8 am-5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Ruddock can be reached at (571)272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY GRACE HARRIS/Examiner, Art Unit 1729
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