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.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hiroshi et al. (JP2013020915A).
Claim 1: Hiroshi teaches a solid-state battery (1) comprising a solid-state battery section wherein a positive electrode (2) (i.e., first electrode layer), a solid electrolyte layer (3) (i.e., first solid electrolyte layer), and a negative electrode (4) (i.e., second electrode layer), are stacked, forming one power generating element [0008, 0013, 0031],
and a solid electrolyte portion (7) (i.e., second solid electrolyte layer) is provided on a side surface of the solid-state battery so as to be connected to the solid electrolyte layer of the power generating element on one side of the solid electrolyte portion (7) (i.e., the first principal surface);
and a third electrode (8) (i.e., reference electrode) is provided on the second side (i.e., second principal surface) of solid electrolyte portion (7) (i.e., second solid electrolyte layer) (i.e., a structure).
Claim 10: Hiroshi teaches a structure in the solid-state battery comprising a solid electrolyte portion (7) (i.e., second solid electrolyte layer) and a third electrode (8) (i.e., reference electrode) wherein the structure does not protrude beyond both ends of the solid-state battery section in the laminating direction of the solid-state battery section in plan view of the side surface of the solid-state battery section (Figs 1 and 4-6).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al. (JP2013020915A).
Claim 11: Hiroshi teaches a structure in the solid-state battery comprising a solid electrolyte portion (7) (i.e., second solid electrolyte layer) as described above. Hiroshi further teaches the length of the structure in the laminating direction of the solid-state battery section is the same length as that of the solid-state battery section in the laminating direction of the solid-state battery section (Figs 1 and 4). Hiroshi does not identically teach a smaller length, however, close ranges have been used to support a case of obviousness (MPEP 2144.05.I)
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al. (JP2013020915A) and further in view of Nagase et al. (US 20190334209).
Claim 2: Hiroshi teaches the third electrode (8) (i.e., reference electrode) is similar in area than the second principal surface in plan view of the second principal surface. Hiroshi does not teach the third electrode (8) (i.e., reference electrode) is smaller in area than the second principal surface. However, Nagase teaches a solid state battery comprising a reference electrode (22) disposed on a protruding portion of a solid electrolyte (16) wherein the reference electrode is smaller in area than the second principal surface of the electrolyte (Fig.1) [0046].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have prepared Hiroshi’s battery with the third electrode smaller in area than the second principal surface because Nagase teaches such a configuration is functional.
Claims 3-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al. (JP2013020915A), and further in view of Isao et al. (JP 2021005483) and Fulop et al. (WO 2009036444 A2).
Claims 3 and 7: Hiroshi teaches a battery comprising a plurality of power generating elements [0032] and laminated and covered with an exterior body made of insulating resin [0031, 0034], and a voltage measuring device (9) is provided so as to be connected to at least one of the positive electrode (2) and the negative electrode (4) and the third electrode (8) (i.e., reference electrode) such that it is possible to measure potential of the positive electrode and/or the negative electrode (Fig.1) [0011, 0012, 0014]. Hiroshi teaches explicitly teaches the physical structure of one power generating element connected to a reference electrode but does not disclose the physical structure of a battery with multiple power generating connected in parallel to the reference electrode.
However, Isao ‘483 teaches a laminated solid-state battery comprising multiple battery constituent units (i.e., power generating elements) [0022] electrically connected in parallel (Fig. 1) , and an external electrode [0050] electrically connected to the power generating elements via a metal layer made of electrically conductive metals [0047] and an electrically conductive external terminal [0049], wherein the metal layer is in contact with the external terminal on the first surface and in contact with the external electrode on the second surface, and the metal layer is covered by an insulating resin layer that covers the outermost surface of the battery and functions as a protective layer [0048]. Isao teaches the external electrode functions as a conductor for exchanging current with the outside [0050]. Since the reference electrode taught by Hiroshi functions as a conductor for exchanging current with the outside ( i.e., a voltmeter in this case), similar to Isao’s external electrode, and the Hiroshi’s second electrolyte electrically connects the reference electrode and the power generating element, similar to the metal layer and external terminal, it would be obvious to one of ordinary skill in the art to arrange Hiroshi’s second electrolyte is in contact with multiple power generating elements. Electrically connecting a reference electrode to multiple power generating elements is supported by Fulop. Fulop teaches a battery management system that monitors the potential difference of multiple working electrodes or cells versus a reference electrode (Figs. 2) [0011, 0027, 0100].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filling the instant invention to have modified Hiroshi’s solid-state battery by electrically connecting the plurality of power generating elements in parallel and arranging the second electrolyte such that it is in contact with multiple power generating elements and the second electrolyte protrudes from the surface of the insulating resin because Isao ‘483 and Fulop teach such is an operable battery.
Claim 4: As described above, the combination of Hiroshi, Isao and Fulop teaches the structure of an outer package has a surface facing the side surface of the solid-state battery section, and the second solid electrolyte layer disposed adjacent the refence electrode. Isao ‘483 further teaches an embodiment wherein the metal surface protrudes from the insulating resin protrudes (Figs. 8). Thus, the second solid electrolyte layer in Hiroshi’s battery can protrude from the surface.
Claim 5: Hiroshi teaches the material of the outer package for single cells, and by extension for a plurality of unit cells, has an insulating property, and examples of such a material includes epoxy resins, polybutadiene resins, and ceramics [0032]. Hiroshi does not explicitly teach that the insulating resin is in contact with the side surface of the solid-state battery section. However, Hiroshi teaches the exterior material covers the periphery of the of the battery including power generating elements []0030-0032. Since the periphery of the battery comprises the side surfaces, and the reference electrode only partially covers one side surface of the battery, the exterior material, therefore, covers the remaining side surface, and thus is in contact with part of the side surface that is not covered by the reference electrode.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al. (JP2013020915A), Isao et al. (JP 2021005483) and Fulop et al. (WO 2009036444 A2), and further in view of Furuya et al. (US 20230261288 A1).
Claim 6: Hiroshi teaches a battery covered by an outer package containing insulating resin. Hiroshi does not teach the outer package includes two resin layers. However, Furuya teaches a battery with an outer packaging including a first resin layer (15a) (inner layer) that is made of a resin such as polypropylene or polyethylene having a high chemical resistance and high water blocking performance [0042], and a second resin layer (15c) that has a function of protecting the surface of the main body (11) and is made of, for example, a resin having high physical and chemical protection performance, insulation performance, and the like such as nylon [0044]. Furuya does not explicitly teach the inner resin is softer, however, Furuya teaches the outer resin has to have high physical protection performance. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filling the instant invention to have modified Hiroshi’s solid-state battery by including an outer package comprising of an inner softer resin and harder resin on the outer surface to waterproof the batter and to protect the battery from physical damage.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al. (JP2013020915A), Isao et al. (JP 2021005483) and Fulop et al. (WO 2009036444 A2), and further in view of Nagase et al. (US 20190334209).
Claim 8: Hiroshi does not teach outer package partially covers the second principal surface. However, Nagase teaches the insulating resin of the reference electrode (22) partially covers the second electrolyte layer (Fig.1) [0034]. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have prepared Hiroshi’s battery with the insulating resin of the reference electrode partially covering the second electrolyte layer because Nagase teaches such a configuration is functional.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi et al. (JP2013020915A), Isao et al. (JP 2021005483) and Fulop et al. (WO 2009036444 A2), and further in view of Wang et al. (US 20140375325 A1).
Claim 9: Hiroshi teaches includes a reference electrode but does not teach a reference electrode current collector. However, Wang teaches lithium ion battery comprising a reference electrode disposed adjacent to a current collector [0017, 0089].
Therefore, it would have been obvious to one of ordinary skill in the art to have modified Hiroshi’s battery assembly by including a reference electrode current collector because Wang teaches such is an operable battery.
Conclusion
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/L.N.R./Examiner, Art Unit 1712
/MICHAEL B CLEVELAND/Supervisory Patent Examiner, Art Unit 1712
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