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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No.2023-044984, filed on 22 Mar2023.
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 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Atsunori (WO2021241402A1, Provided with this office action).
Regarding Claim 1, Atsunori discloses a solid-state battery ( Fig 8 [0046] lithium ion battery 10) comprising: a positive electrode layer (Fig 8 [0046] positive electrode layer 11) containing a positive electrode active material ([0047] positive electrode active material); a negative electrode layer (Fig 8, [0046] anode layer 13); and a solid electrolyte layer (solid electrolyte-coated layer [0051]) containing solid electrolyte (Fig 8 [0051] solid electrolyte 15) and disposed between (Fig 8 [0046]) the positive electrode layer (11) and the negative electrode layer (13),
wherein at least either of an interface between the positive electrode layer (11) and the solid electrolyte layer ([0051]), and an interface between the negative electrode layer (13) and the solid electrolyte layer ([0051]) includes a fiber coated by a solid electrolyte (Fig 9, [0051] solid electrolyte-coated fiber 20).
Regarding Claim 2, Atsunori discloses wherein the solid electrolyte coating the fiber (20) is a same type of material ([0037]) as the solid electrolyte (15) contained in the solid electrolyte layer ([0051]).
Regarding Claim 7, Atsunori discloses a fiber coated by a solid electrolyte (20), the fiber (21) being used in a solid-state battery (10) comprising a positive electrode layer (11) containing a positive electrode active material ([0047]); a negative electrode layer (13); and a solid electrolyte layer ([0051]) containing solid electrolyte (15) and disposed between ([0046]) the positive electrode layer (11) and the negative electrode layer (13), and being for joining the positive electrode layer (11) and the solid electrolyte layer ([0051]), or for joining the negative electrode layer (13) and the solid electrolyte layer ([0051]).
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.
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published application WO2021241402A1 (provided with this Office Action), hereafter Atsunori, and further in view of Published application US20190190082A1 (provided with this Office Action), hereafter Morooka.
Regarding Claim 3, Atsunori discloses wherein the solid electrolyte coating the fiber (20). The solid electrolyte (15) contained in the solid electrolyte layer ([0051]).
Atsunori is silent on the solid electrolyte coating the fiber has a Young’s modulus higher than the
solid electrolyte.
Morooka discloses the solid electrolyte coating ([0175] resin layer 51) the fiber ([0103] a porous film made from a ceramic or the like; a glass fiber) has a Young’s modulus higher than the solid electrolyte ([0042]). Morooka further discloses a the resin layer 51 contains, for example, a polyester -based resin, concretely a polyethylene terephthalate resin (PET resin) or the like ([0176]). Wherein the external packaging member is provided with at least a resin layer 51 having a Young's modulus of 3 * 10° Pa or more, preferably 4x10° Pa or more ([0175]). Morooka also discloses the electrolyte salt in the gel - like electrolyte is composed of LiPF.sub.6, and a (polyvinylidene fluoride) - hexafluoropropylene copolymer is used as the polymeric compound for carrying use (0178]). Wherein the Young’s modulus of composed of LiPF.sub.6, and a (polyvinylidene fluoride) - hexafluoropropylene copolymer has a range of about 0.1- 3GPa with LiPF.sub.6 not directly contributing to stiffness. Morooka exposes a resin layer has a Young’s modulus higher than the electrolyte.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the present invention, to modify the invention of Atsunori to use the solid electrolyte coating the fiber has a Young’s modulus higher than the solid electrolyte as disclosed by Morooka in order to improve excessive deformation, as suggested by Morooka.
Regarding Claim 4, Atsunori discloses wherein the fiber (Fig 9 [0051] fiber portion 21). The solid electrolyte (15) contained in the solid electrolyte layer ([0051]).
Atsunori is silent on the fiber has a Young’s modulus higher than the solid electrolyte.
Morooka discloses wherein the fiber ([0103]) has a Young’s modulus higher than ([0042]) the solid electrolyte ([0042] electrolyte has a gel-like or solid form). Morooka further discloses, the porous film made from a polyolefin - based resin is preferred, because the porous film has an excellent short circuit prevention effect and can improve the safety of the battery due to the shut - down effect thereof ([0103]). Wherein a polyethylene terephthalate film has a Young ' s modulus of 4. 0 GPa ([0189] see table 1). Morooka also discloses the electrolyte salt in the gel - like electrolyte is composed of LiPF.sub.6, and a (polyvinylidene fluoride) - hexafluoropropylene copolymer is used as the polymeric compound for carrying use (0178]). Wherein the Young’s modulus of composed of LiPF.sub.6, and a (polyvinylidene fluoride) - hexafluoropropylene copolymer has a range of about 0.1- 3GPa with LiPF.sub.6 not directly contributing to stiffness. Morooka exposes a porous film made from a ceramic or the like; a glass fiber has a Young’s modulus higher than the electrolyte.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the present invention, to modify the invention of Atsunori to use the fiber has a Young’s modulus higher than the solid electrolyte as disclosed by Morooka in order to improve excessive deformation, as suggested by Morooka.
Regarding Claim 5, Atsunori discloses the solid electrolyte coating the fiber (20).
Atsunori does not disclose wherein an average particle size of the solid electrolyte coating the fiber is in a range of 1 nm to 500 nm.
Morooka discloses wherein an average particle size of the solid electrolyte coating (51) the fiber ([0103]) is in a range of 1 nm to 500 nm (1 nm to 10 μm [0108]), which overlaps with the claimed range of 1 nm to 500 nm. In the case where the claimed range "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)). Morooka further discloses this size range yielding if the particle diameter is smaller than 1 nm, the inorganic particles are not easily available and, if obtained, the cost is disproportionate. If the particle diameter is larger than 10 μm, the distance between the electrodes becomes long, therefore a sufficient active material filled amount cannot be achieved within a limited space, and the battery capacity is reduced ([0108]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the present invention, to modify the invention of Atsunori to use the solid electrolyte coating the fiber wherein an average particle size of the solid electrolyte coating the fiber is between 1nm to 500 nm as disclosed by Morooka in order to obtain the desired particle accessibility and the battery capacity, as suggested by Morooka.
Regarding Claim 6, Atsunori discloses the fiber (21).
Atsunori does not disclose wherein the fiber penetrates to a plurality of layers adjacent to the interface.
Morooka discloses wherein the fiber ([0103]) penetrates to a plurality of layers adjacent to the interface ([0041]). Morooka further discloses in the first adhesive agent layer may be provided on the whole area of the interface between the resin layer and the intermediate layer, or may have empty spaces (empty spaces, openings or through-holes which penetrate through the first adhesive agent layer as observed in the thickness direction) ([0097]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the present invention, to modify the invention of Atsunori to have the fiber penetrate to a plurality of layers adjacent to the interface by Morooka in order to improve flexibility and bendability of the battery, as suggested by Morooka.
Conclusion
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN CHERRISE FRIESON whose telephone number is (571)270-7048. The examiner can normally be reached Monday-Friday 07:00am-3:00pm.
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/CHRISTIAN CHERRISE FRIESON/Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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