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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/24/2023 has been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: In para. [0038], “first internal electrode layer 10m” should be “first internal electrode layer 10”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kouzu et al. (US 2023/0261294 A1).
Regarding claim 1, Kouzu discloses an all solid battery (Fig. 7, Para. [0149] describes an all solid battery (solid state battery 60) and the main components comprising said all solid battery.) comprising:
a multilayer portion (Annotated Kouzu Fig. 7) in which each of a plurality of solid electrolyte layers and each of a plurality of internal electrode layers including an electrode active material are alternatively stacked (Annotated Kouzu Fig. 7 illustrates and para. [0149] describes a multilayer portion (solid state battery laminate 10) which includes a plurality of battery constituent units 5. Each individual battery constituent unit is comprised of a positive electrode layer 1, a negative electrode layer 2, and a solid electrolyte layer 3 that are alternatively stacked. Para. [0044] states that positive electrode layer 1 has a positive electrode active material whereas para. [0045] states negative electrode layer 2 possesses a negative electrode active material.); and
an exterior portion that covers at least a part of the multilayer portion and includes an inner layer arranged on a side of the multilayer portion and an outer layer arranged opposite to the multilayer portion (Annotated Kouzu Fig. 7, Para. [0149] states that the exterior portion includes an inner layer (first exterior member 61, 61’) and an outer layer (second exterior member 65, 65’) that cover the multilayer portion (battery main body). Annotated Kouzu Fig. 7 further displays that the inner layer is arranged on a side of the multilayer portion whereas the outer layer is adjacent to the inner layer on a side opposite to the multilayer portion.), and
wherein the inner layer and the outer layer include a filler material (Annotated Kouzu Fig. 7, Para. [0153] states that a filler material (first inorganic filler 64, 64’ and second inorganic filler 67, 67’) are contained in the first and second exterior members.).
Kouzu fails to disclose wherein an area ratio of the filler material in the outer layer is lower than an area ratio of the filler material in the inner layer, in a cross section including a stacking direction.
However, Kouzu teaches that the inorganic filler may be unevenly distributed in the exterior member and one of ordinary skill in the art would interpret uneven distribution of inorganic filler in the exterior member to encompass a case wherein said inorganic filler may have a lower area ratio in a second exterior member 65, 65’ (outer layer) than an area ratio of a first exterior member 61, 61’ (inner layer) (Para. [0121]) Furthermore, Fig. 7 of Kouzu appears to show a higher density of filler material in the inner layer than the outer layer.
Kouzu is analogous to the claimed invention because it is in the same field of developing all solid batteries that prevent cracking in an outer layer of an all solid battery upon expansion and contraction of electrode active material during charging and discharging cycles. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a lower area ratio of an inorganic filler in an outer layer than an area ratio of an inorganic filler in an inner layer because Kouzu teaches that using an inorganic filler in a first exterior member (inner layer) and in a second exterior member(outer layer) improves the airtightness and moisture resistance of both the first exterior member and the second exterior member (Para. [0153]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C). Furthermore, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results. See MPEP 2143 (A).
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Annotated Kouzu Fig. 7: An all solid battery (60) comprising of a multilayer portion that is comprised of a plurality of positive electrode layers (1), negative electrode layers (2), and solid electrolyte layers (3) that are alternatively stacked, an exterior portion that is comprised of an outer layer (65) and an inner layer (61) wherein the inner and outer layers include a filler material (64, 67).
Regarding claim 2, Kouzu discloses wherein the inner layer is each of cover layers that respectively cover an uppermost end face and a lowermost end face of the multilayer portion in the stacking direction (Annotated Kouzu Fig. 7 illustrates and para. [0150] explains that an inner layer (first exterior member 61, 61’) covers the periphery which includes the uppermost end face and the lowermost end face of the multilayer portion (battery main body.).
Regarding claim 4, Kouzu discloses wherein the filler material is alumina or silica (Para. [0120] states that filler material (inorganic filler 24) may be comprised of various ceramics including silica or alumina.).
Regarding claim 5, Kouzu discloses wherein the inner layer and the outer layer include a matrix material that is spatially and continuously formed and is made of oxide-based solid electrolyte or a glass material (Para. [0089] states that the exterior member includes a glass component as a matrix material. Para. [0090] lists the material that may comprise the matrix material which includes glass material such as silica glass, soda lime glass, potash glass, and borate-based glass among others.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kouzu et al. (US 2023/0261294 A1) in further view of Kato et al. (WO 2018/186449 A1).
Regarding claim 3, Kouzu discloses the all solid battery as discussed in claim 1.
Kouzu fails to disclose wherein the inner layer is each of margin layers that are respectively arranged around each of the plurality of internal electrode layers on a main face of each of the plurality of solid electrolyte layers.
However, Kato teaches wherein the inner layer is each of margin layers that are respectively arranged around each of the plurality of internal electrode layers on a main face of each of the plurality of solid electrolyte layers (Annotated Kato Fig. 1A displays a plurality of margin layers (side parts of protective layer 60 which are denoted by an arrow) wherein said margin layers are stacked one on top of another repeatedly and in parallel to a stacking direction of a multilayer portion (stacked body 20’). Each individual margin layer is arranged around each individual internal electrode layer (first electrode member 30 and second electrode member 40) wherein the plurality of margin layers, when stacked one on top of another repeatedly in a stacking direction, are arranged around the whole plurality of internal electrode layers in the stacking direction. Additionally, Annotated Kato Fig. 1A illustrates the margin layers arranged on a main face of each individual solid electrolyte layer (solid electrolyte layer 50) wherein the plurality of margin layers are in direct contact with said main face of the plurality of solid electrolyte layers.).
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Annotated Kato Fig. 1A: A multilayer portion (20) bordering an inner layer (60) of an exterior portion wherein the inner layer consists of margin layers (denoted by arrows) that are arranged around each of the plurality internal electrode layers on a main face of each of the plurality of solid electrolyte layers.
Kouzu and Kato are both considered analogous to the claimed invention because they are in the same field of developing all solid batteries comprised of materials designed to prevent outside contaminants from entering the inside of said battery. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the all solid battery of Kouzu to include a plurality of margin layers arranged around a plurality of internal electrode layers wherein the margin layers are in direct contact with a face having a largest surface by surface area on each individual solid electrolyte layer because Kato teaches that an all solid secondary battery possessing this configuration and structure reliably prevents moisture from entering the inside of the all solid battery (Para. [0006]) and combining prior art elements according to known methods to yield predictable results is obvious. See MPEP 2141. III. (A).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kouzu et al. (US 2023/0261294 A1) in further view of Ito et al. (US 2020/0313230 A1).
Regarding claim 6, Kouzu discloses the all solid battery as discussed in claim 1.
Kouzu fails to disclose wherein the inner layer and the outer layer include a matrix material that is spatially and continuously formed and is made of oxide-based solid electrolyte or a glass material that have a NASICON type crystal structure.
However, Ito teaches wherein the inner layer and the outer layer include a matrix material that is spatially and continuously formed and is made of oxide-based solid electrolyte or a glass material that have a NASICON type crystal structure (Ito Fig. 2 illustrates and para. [0038] describes an exterior portion consisting of an outer layer (cover layer 70) on a side of an inner layer (dummy electrodes 71a, 71b) opposite to a multilayer portion (cell reaction region 80), and an inner layer adjacent to the multilayer portion. Para. [0019] provides examples of solid electrolyte materials that include a NASICON type crystal structure, which comprise of phosphoric acid salt-based materials including Li—Al—Ge—PO4. Li—Al—Zr—PO4, and Li—Al—Ti—PO4 based materials. Additionally, para. [0021] states examples of electrode active material include a phosphoric acid salt containing a transition metal and lithium which one of ordinary skill in the art would interpret as a group that includes compounds containing a phosphoric acid salt-based material having a NASICON structure. Furthermore, para. [0036] states that the outer layer (cover layer 70) may comprise of a phosphoric acid salt-based solid electrolyte having a NASICON structure, while para. [0041] states that the inner layer (dummy electrode 71a, 71b) contains an electrode active material as defined in para. [0021].).
Kouzu and Ito are both considered to be analogous to the claimed invention because they are in the same field of developing all solid batteries comprised of materials designed to prevent outside contaminants from entering the inside of said battery. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the all solid battery of Kouzu to include a matrix material within an inner and outer layer of an exterior portion that is spatially and continuously formed and is comprised of an oxide-based solid electrolyte or a glass material that possesses a NASICON type crystal structure because Ito teaches that to improve the strength and prevent water penetration of an all solid battery, it is preferable to provide outer layers surrounding a multilayer structure wherein the outer layers are comprised of a material to be densely sintered at a firing temperature of the multilayer structure (paras. [0014 -0015]) and simple substitution of one known element for another to obtain predictable results is obvious. See MPEP 2141. III. (B). Furthermore, 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. MPEP § 2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chikagawa et al. (US 2022/0209338 A1), Hiroaki et al. (JP 2017-182945 A), Nagano et al. (US 2024/0387909 A1), and Bando et al. (US 2022/0021024 A1) disclose an all solid battery comprising a multilayer portion in which each of a plurality of solid electrolyte layers and each of a plurality of positive electrode layers and each of a plurality of negative electrode layers are alternatively stacked. An exterior portion covers an uppermost end and a lowermost end of the multilayer portion. Additionally, Hiroaki and Bando teach of an exterior portion comprising of an outer layer and an inner layer wherein the inner layer is on a side adjacent to the multilayer portion and comprises of cover layers which cover the uppermost end and the lowermost end portions of the multilayer portion and the outer layer is on a side of the inner layer arranged opposite to the multilayer portion.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTINO M SERVAGNO whose telephone number is (571)270-0847. The examiner can normally be reached M-Th 8:00 am - 5:00 pm, F 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at (571) 270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANTINO MICHALE SERVAGNO/Examiner, Art Unit 1713
/JOSHUA L ALLEN/Supervisory Patent Examiner, Art Unit 1713
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