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
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 11/17/2023 and 04/22/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
3. 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.
4. Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shindo (Pub. No. JP 2020087658 A).
Regarding claim 1, Shindo teaches a method of manufacturing (manufacturing method, see [0016]) a solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016]), the method (manufacturing method, see [0016]) comprising: preparing a solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016]) having a positive electrode layer (12/14, Fig. 1, see [0017]), a negative electrode layer (13/16, Fig. 1, see [0017]), and a solid sulfide electrolyte layer (11, Fig. 1, see [0017], see [0029] the solid electrolyte layer is a sulfide solid electrolyte) disposed between the positive electrode layer (12/14, Fig. 1, see [0017]) and the negative electrode layer (13/16, Fig. 1, see [0017], see Fig. 1 where 11 is between 12/14 and 13/16); and over-discharging (over-discharging, see [0013], see [0035] over-discharging before initial charge) the solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016],).
Regarding claim 2, Shindo teaches wherein the over-discharging (over-discharging, see [0013], see [0035] over-discharging before initial charge) comprises over-discharging (over-discharging, see [0013], see [0035] over-discharging before initial charge) the solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016]) by applying voltage of less than −0.5 V (-2 V, see Table 1 example 1 shows a specific example of applying a voltage of -2 V).
Regarding claim 3, Shindo teaches wherein, in the over-discharging (over-discharging, see [0013], see [0035] over-discharging before initial charge), the solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016]) is over-discharged (over-discharging, see [0013], see [0035] over-discharging before initial charge) in a temperature range of from 25° C. to 150° C (25oC, see [0039] where the over-discharging is performed at 25oC).
Regarding claim 5, Shindo teaches a solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016] note this battery is detailed as prior to initial charging), manufactured by the method of manufacturing (manufacturing method, see [0016]) a solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016]) of claim 1 (see rejection of claim 1 above).
5. Claim(s) 1, 3, and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kodama et al. (Pub. No. US 20140079967 A1).
Regarding claim 1, Kodama teaches a method of manufacturing (over-discharge process, see [0010]) a solid-state battery (10, Fig. 2, see [0025]), the method (over-discharge process, see [0010]) comprising: preparing a solid-state battery (10, Fig. 2, see [0025]) having a positive electrode layer (1/4, Fig. 2, see [0025]), a negative electrode layer (2/5, Fig. 2, see [0025]), and a solid sulfide electrolyte layer (3, Fig. 2, see [0025], see [0068] where the solid electrolyte layer is a sulfide solid electrolyte layer) disposed between the positive electrode layer (1/4, Fig. 2, see [0025]) and the negative electrode layer (2/5, Fig. 2, see [0025], see Fig. 2 where 3 is between 1/4 and 2/5); and over-discharging (cause 10 to be in an over-discharged state, see [0043]) the solid-state battery (10, Fig. 2, see [0025]).
Regarding claim 3, Kodama teaches wherein, in the over-discharging (cause 10 to be in an over-discharged state, see [0043]), the solid-state battery (10, Fig. 2, see [0025]) is over-discharged (cause 10 to be in an over-discharged state, see [0043]) in a temperature range of from 25° C. to 150° C (30oC to 80oC, see [0037]).
Regarding claim 5, Kodama teaches a solid-state battery (10, Fig. 2, see [0025]), manufactured by the method of manufacturing (over-discharge process, see [0010]) a solid-state battery (10, Fig. 2, see [0025]) of claim 1 (see rejection of claim 1 above).
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kodama et al. (Pub. No. US 20140079967 A1).
Regarding claim 4, Kodama fails to teach wherein, in the over-discharging, the solid-state battery is over-discharged in a temperature range of from 60° C. to 85° C.
However, Kodama teaches wherein, in the over-discharging (cause 10 to be in an over-discharged state, see [0043]), the solid-state battery (10, Fig. 2, see [0025]) is over-discharged (cause 10 to be in an over-discharged state, see [0043]) in a temperature range of from 60° C. to 85° C (30oC to 80oC, see [0037]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kodama to modify the temperature range to stay between 60oC to 80oC as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I) and temperature is a result effective variable of effectively recovering the deteriorated output performance of the solid secondary battery through the over-discharge process. Further Kodama teaches that modifications can be made (see [0083] of Kodama).
8. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kodama et al. (Pub. No. US 20140079967 A1) as applied to claim 1 above, and further in view of Shindo (Pub. No. JP 2020087658 A).
Regarding claim 2, Kodama fails to teach wherein the over-discharging comprises over-discharging the solid-state battery by applying voltage of less than −0.5 V.
However, Shindo teaches wherein the over-discharging (over-discharging, see [0013], see [0035] over-discharging before initial charge) comprises over-discharging (over-discharging, see [0013], see [0035] over-discharging before initial charge) the solid-state battery (all-solid-state secondary battery 100, Fig. 1, see [0016]) by applying voltage of less than −0.5 V (-2 V, see Table 1 example 1 shows a specific example of applying a voltage of -2 V).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kodama such that the over-discharging is performed by applying a voltage of -2 V as taught by Shindo to suppress the decrease in capacity due to initial charging (see [0011] of Shindo). Further Kodama teaches that modifications can be made (see [0083] of Kodama).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
Prosecution Insights