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 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morioka et al. (WO 2021/210446), cited via US equivalent US 2023/0009792 A1 (“Morioka”).
As to Claim 1, Morioka discloses:
A solid-state battery comprising: an electrode laminate in which a negative electrode mixture layer (corresponding to the “Counter-Electrode Active Material Layer (22)”), a solid electrolyte layer (corresponding to “Solid Electrolyte Layer (30)”), and a positive electrode mixture layer (corresponding to “Electrode Active Material Layer (11)”) are sequentially laminated over a negative electrode current collector (corresponding to “Collector (21)”; [See Annotated Fig. 2 herein; See also Par. 43, “…for example, the electrode layer may be a positive-electrode layer, and the counter-electrode layer may be a negative-electrode layer.”; See also Pars. 76-78 and 91-93]);
a positive electrode current collector (corresponding to “Collector (11)”; [See Annotated Fig. 2 herein; See also Pars. 77 and 91]);
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an insulating frame (corresponding to “Insulating Layer (13)”) provided along an outer periphery of the positive electrode mixture layer (corresponding to “Electrode Active Material Layer (12)”) and an outer periphery of the positive electrode current collector (corresponding to “Collector (11)”) [See Pars. 64-65, “…the insulating layer may be in a shape of a frame located on an outer periphery of the electrode active material layer in plan view.”; See also Par. 87; See also Par. 221, “At least a portion of the inner side surface of the insulating layer may be in contact with the electrode active material layer.” This contemplates an insulating layer spanning the electrode active material layer and abutting the outer periphery of the current collector.]; and
a positive electrode tab extending from the positive electrode current collector [See Annotated Fig. 20 herein (showing an embodiment in which an assembly of the battery of Fig. 2 is arranged such that the layers are mirrored about the positive collector (11) to create cell 50c which is then stacked to form parallel-laminated battery 102, the connections for which are described in Par. 204, “…the collectors 11 are electrically connected to one another through leads or other wires…”)];
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wherein in a cross section parallel to a laminating direction of the electrode laminate and perpendicular to a direction in which the positive electrode tab extends, the solid electrolyte layer has a first region disposed inside the insulating frame and a second region disposed outside the insulating frame [See Annotated Fig. 2 in which Solid Electrolyte Layer 30 has a first region on the side facing the electrode spanning the distance between insulating layers 13 and a second region on the side facing the counter-electrode spanning the width of the battery (not bounded by the insulating frame); See also Pars. 115-117 discussing the advantage of such an arrangement on the effective function of the positive-electrode active material layer]; and
when the solid-state battery is viewed from above, an outer peripheral edge of the second region is located outside an outer peripheral edge of the first region [See Figs. 1 and 2 and Pars. 115-117, with Fig. 1 showing a top down view that the outer peripheral edge of the second region exceeds the outer peripheral edge of the first region (corresponding to area 1B, the length of which is shown on one side in Annotated Fig. 2) by area 1A (corresponding to the outer periphery in which insulating layer 13 is disposed)].
As to Claim 2, Morioka discloses the solid-state battery of claim 1, and additionally discloses:
wherein when the solid-state battery is viewed from above, the outer peripheral edge of the first region is located at the same position as an outer peripheral edge of the positive electrode mixture layer or outside the outer peripheral edge of the positive electrode mixture layer (corresponding to electrode active material layer (12) [See Annotated Fig. 2, showing region 1 of the solid electrolyte layer (30) spanning the surface of the (positive) electrode active material layer (12) between inner edges of insulating layer 13, in conjunction with Par. 221, “At least a portion of the inner side surface of the insulating layer may be in contact with the electrode active material layer.” This contemplates an insulating layer 13 spanning the electrode active material layer rendering the outer peripheral edge of the first region of the solid electrolyte layer at the same position as an outer peripheral edge of the positive electrode mixture layer; See also Pars. 115-117]), and
the outer peripheral edge of the second region is located at the same position as an outer peripheral edge of the negative electrode mixture layer or outside the outer peripheral edge of the negative electrode mixture layer (corresponding to counter-electrode active material layer (22) [See Annotated Fig. 2, showing region 2 of the solid electrolyte layer (30) spanning the full surface of the (negative) counter-electrode active material layer (22); See also Pars. 115-117]).
As to Claim 4, Morioka discloses the solid-state battery of claim 1.
The additional limitation, “wherein the first region and the second region are bonded to each other by applying a solvent capable of dissolving a solid electrolyte constituting the solid electrolyte layer or a slurry containing the solid electrolyte” recites the manner by which the solid-state battery of Claim 4 has been made. Thus, Claim 4 is a “product-by-process” claim.
"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (MPEP §2113.I.)
Although the patentability of a product-by-process claim is not limited by the steps recited, consideration of the structure implied by those steps is appropriate. (MPEP §2113.I.) In this instance, the step recited involves application of a solvent to dissolve the component(s) of the solid electrolyte layer to bond distinct regions thereof. The only structure implied by the step is a unibody solid electrolyte layer having distinct regions, which is already recited within parent Claim 1. Accordingly, for the purposes of patentability, the assessment of Claim 4 is identical to that of Claim 1, and for the reasons specified above, Claim 4 is anticipated by Morioka.
The solid-state battery of Claim 5 is identical to the solid-state battery of Claim 1 in all respects except the polarity of the electrode layers recited therein. Morioka discloses a battery in Embodiment 1 [See Figs. 1-2, Pars. 74-78] having an electrode and a counter-electrode. Morioka also recites, “…for example, the electrode layer may be a positive-electrode layer, and the counter-electrode layer may be a negative-electrode layer.” [See Par. 43] Morioka later states, “In the present embodiment, one of the electrode layer 10 … and the counter-electrode layer 20 … is a positive-electrode layer … and the other is a negative-electrode layer …” [See Par. 98].
As explained above, Morioka discloses the battery of Claim 1. Given the statements above, Morioka likewise discloses the battery of Claim 5 having the opposite polarity. Thus, for the reasons articulated in the rejection of Claim 1 above, Morioka anticipates the solid-state battery of Claim 5.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Morioka et al. (WO 2021/210446), cited via US equivalent US 2023/0009792 A1 (“Morioka”), in view of Kano et al. (WO 2021/039242), cited via US equivalent US 2022/0407047 A1 (“Kano”).
Morioka discloses the solid-state battery of Claim 1. Morioka does not disclose:
wherein the insulating frame has a communication hole.
Kano discloses:
wherein the insulating frame has a communication hole.
Applicant’s specification describes the communication hole as follows [See Pars. 25-26]:
The insulating frame may have communication holes. As will be described later, the communication holes make it easy to remove a solvent or a solvent contained in a slurry used for bonding the first region 114a to the second region 114b. In this case, the communication holes are preferably formed in a surface of the insulating frame 130 that is parallel to the direction in which the negative electrode tab 111A extends and the direction in which the positive electrode tab 120A extends.
Examples of the insulating frame 130 having the communication holes include a foam, a mesh, and the like.
Thus, the communication hole in the insulating frame is designed to facilitate the removal of solvent used to aid combination of the two regions of the solid electrolyte layer. Although Morioka does not explicitly disclose this feature, Kano teaches a lithium secondary battery having an electrically insulating, lithium ion permeable layer (the “Third Layer”, [See Pars. 34-38]). Kano also teaches methods for forming this layer [See Pars. 61-65] employing both “good” solvents highly compatible with the insulating material used and “poor” solvents having low compatibility with the insulating material used. Depending upon the identity and relative proportion of these solvents, pore diameter and porosity of the insulator may be controlled and through holes can be created [See Par. 63]. Moreover, control may be exerted over the location of different concentrations of insulating material to affect the location of holes formed upon evaporation of solvent [See Par. 64].
Morioka and Kano are each in the same field of endeavor as the present invention, specifically, battery technology and more specifically the structural aspects of lithium ion secondary battery cells. Accordingly, these references constitute analogous art as required by MPEP §2141.01(a). Controlling the porosity of the insulator of Morioka according to the teachings of Kano would be advantageous to inhibit metal deposition and dendrite growth [See Morioka Pars. 34 and 104]. Also, given the ample information available regarding solvent properties and compatibility with insulating materials, one would have had a reasonable chance of success in creating a porous insulator. Accordingly, one of ordinary skill in the art would have had the motivation to combine the teachings of Morioka and Kano to arrive at the solid-state battery of Claim 3 prior to the effective filing date thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Park et al. (US 2019/0131603 A1) discloses an all-solid battery having first and second insulators disposed about an edge of the cathode layer. Honda et al. (US 2021/0288348 A1) discloses a solid-state battery having sealing members disposed about solid electrolyte layers respectively facing a negative electrode active material layer laminated on a negative electrode current collector and a positive electrode active material layer laminated on a positive electrode current collector. Harada (US 2021/0305583 A1) discloses a lithium secondary battery having a plurality of porous films laminated on the negative electrode current collector having electrically insulating properties.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER G IZZO whose telephone number is (571)270-0705. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/CHRISTOPHER G. IZZO/Examiner, Art Unit 1746
/CARSON GROSS/Primary Examiner, Art Unit 1746
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