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 02/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 4 ,5 and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "the negative electrode includes the metal body" in the second line of the last page. The recitation is indefinite, since it is unclear if this refers to the previously recited metal body, or a different body. For the purposes of this examination, it will be assumed that the metal body lacks antecedent basis.
Claims 4-6 recite the limitation "The batteries" in the eleventh, thirteenth, and fifteenth line of the last page. The plural recitation of “The batteries” in each of claims 4, 5, and 6 is indefinite. Only a single battery was preciously recited; plural batteries lack antecedent basis.
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.
Claims 1 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over Hosoe et al. (WO 2012111601 A1, citations from enclosed machine translation) hereinafter referred to as Hosoe.
Regarding Claim 1, Hosoe teaches a battery comprising:
a positive electrode (Fig 13; p.11 line 39); a negative electrode (Fig 13; p.11 line 39); and an electrolyte layer (Fig 13; p.11 line 40), wherein a laminate comprises the negative electrode, the electrolyte layer, the positive electrode, the electrolyte layer (Fig. 13), a lithium battery is shown in a longitudinal sectional view of an all-solid lithium battery 60 that includes a positive electrode 61, a negative electrode 62 and a solid electrolyte layer 63 arranged between both electrodes (Fig 13; p. 11, lines 38-45). Hosoe does not explicitly teach the negative electrode laminated in the claimed order is regarded as a minimum unit.Hosoe however teaches, that a unit can also consist of an additional layer comprising an aluminum foil current collector in contact with the active material (p. 11, lines 21-22). Thus, Hosoe discloses a three-layer arrangement of a positive electrode, electrolyte layer, and negative electrolyte layer as well as a current collector layer in addition to the laminate to improve the battery capacity per unit area by increasing the contact with the active material (p. 11, lines 20-22). Hosoe further teaches that the negative electrode comprising of a metal body, a conductive aid, and binder can improve capacity more than a conventional battery using aluminum foil (p. 11, lines 29-32).Therefore, one of ordinary skill in the art would have reasoned that it would be obvious to add another negative electrode and electrolyte layer opposite the positive electrode layer in place of a foil current collector layer in light of the reference. In doing, a skilled artisan would be able to better utilize the active material of the positive electrode by increasing the contact area of the battery.
wherein the positive electrode is composed of a first composite body consisting of a metal body (p.11, line 47) and a positive electrode mixture containing a positive electrode active material (p.11, lines 48-49), an aluminum porous body is used for a positive electrode of the aluminum battery and a material capable of deintercalating lithium as an active material can be used to create an electrode of a lithium secondary battery (p.11, lines 47-56).
wherein the negative electrode is composed of a second composite body consisting of a metal body (p. 11, lines 27-28) and a negative electrode mixture containing a negative electrode active material (p. 11, lines 29-30), which is made of foil, punching metal, porous body, etc. and a negative active material in combination with a conductive aid and binder (p. 11, lines 27-30).
wherein the metal bodies are metallic porous bodies or metal meshes (p. 1, lines 19-37). A three-dimensional mesh nickel porous body and is then defined as a nickel porous body, then utilize a mesh-like aluminum porous body referred in the same way as the nickel mesh as an aluminum porous body. Hosoe teaches that a metal mesh and a porous “mesh-like” body are analogous structures and a skilled artisan would be able to utilize either structure for a composite body (analogous structures are italicized for clarity).
Regarding Claim 4, Hosoe teaches the batteries according to claim 1, which are all-solid batteries where this all-solid lithium battery 60 includes a positive electrode 61, negative electrode 62, and solid electrolyte layer 63 arranged between the electrodes (Fig 13; p. 11, lines 39-40).
Further, Hosoe is considered analogous in the art because it is directed toward an all-solid lithium battery that utilizes a porous metal body and electrode active material.
Claims 2 & 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hosoe, and further in view of Gotou et al. (DE 112013001587 T5, citations from enclosed machine translation) herein after referred to as Gotou.
Regarding Claim 2, Hosoe teaches a positive electrode (Fig 13; p.11 line 39); a negative electrode (Fig 13; p.11 line 39); and an electrolyte layer (Fig 13; p.11 line 40), wherein a laminate in which the negative electrode, the electrolyte layer, the positive electrode, the electrolyte layer (Fig 13; p. 11, lines 38-45) and the negative electrode are laminated in this order is regarded as a minimum unit (p. 11, lines 21-22) wherein the positive electrode is composed of a first composite body consisting of a metal body (p.11, line 47) and a positive electrode mixture containing a positive electrode active material (p.11, lines 48-49) wherein the negative electrode is composed of a second composite body consisting of a metal body (p. 11, lines 27-28) and a negative electrode mixture containing a negative electrode active material (p. 11, lines 29-30) wherein the metal bodies are metallic porous bodies or metal meshes (p. 1, lines 19-37).
Hosoe does not explicitly teach, a high capacity or a high output region along a thickness direction in either electrode.
Hosoe does teach that the energy density of the battery can be modified to perform better than traditional embodiments due to composition of the active material (p.11, lines 26-32).
Gotou does teach these limitations, wherein:
the first composite body has a first high capacity region (p. 11, [0094], line 21) and a first high output region (p. 11, [0094], line 20) along a thickness direction (p. 8, [0063], lines 12-15), wherein the second composite body has a second high capacity region (p. 11, [0094], line 21) and a second high output region (p. 11, [0094], line 20) along the thickness direction (p. 8, [0063], lines 12-15), where the formation of a metal coating for a conductive layer on the surface of nonwoven fabric (p. 8, [0063], lines 12-15) is understood as a part of the unit and covers the entire thickness direction as a layer of the electrode. Gotou has the electrode layer as being variable in thickness and can be adjusted for a battery with either high capacity or output capabilities; with discrete ranges, 250-450 μM or 100-250 μM, respectively (p. 11, [0094], lines 19-24). A skilled artisan would find it obvious to have this layer extend along the thickness direction of the electrode for consistent performance and to have two layers of discrete thicknesses to operate as appropriate.
wherein the laminate has a first portion in which the first high capacity region (p. 11, [0094], line 21) and the second high capacity region (p. 11, [0094], line 21) are laminated with the electrolyte layer interposed therebetween (Fig. 2; p. 12, [0103], lines 8-9), and a second portion in which the first high output region (p. 11, [0094], line 21) and the second high output region (p. 11, [0094], line 20) are laminated with the electrolyte layer interposed therebetween (Fig. 2; p. 12, [0103], lines 8-9), where the metal formation of the current collectors (both positive and negative) can be selected in combination with the active material as appropriate (p. 12, [0103], lines - 6-14) and as shown in Figure 2 the layering of the battery includes separating layers disposed between the electrodes. A skilled artisan would find it obvious to both - add another layer of a particular characteristic to improve the performance characteristics of a battery and to layer the laminate with an electrolyte region in between the other electrodes.
Further, Gotou and Hosoe are considered analogous in the art as the inventions are directed towards batteries utilizing a three-dimensional composite body to utilize electrode active material layered with an electrolyte layer and different layered elements in construction.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to combine Hosoe’s positive, negative and electrolyte layers as well as a separator disposed between both electrodes (Hosoe; p. 11, lines 44-45) to protect from short circuits (Hosoe; p.6 line 16) with the addition of both Gotou’s high-output and high-capacity layers to improve and broaden the performance characteristics of the battery with the electrolyte layer interposed the positive and negative electrode elements by increasing the contact surface area of the active material in both electrodes and more effectively using them (Gotou; p. 11, [100], lines 50-52).
Regarding Claim 5, Hosoe modified by Gotou teaches, the batteries according to claim 2, which are all-solid batteries where this all-solid lithium battery 60 includes a positive electrode 61, negative electrode 62, and solid electrolyte layer 63 arranged between the electrodes (Hosoe Fig 13; p. 11, lines 39-40).
Claims 3 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hosoe modified by Gotou, and further in view of Harada et al. (JP 2000208144 A citation from enclosed machine translation) hereinafter referred to as Harada.
Regarding Claim 3, Hosoe modified by Gotou teaches A battery comprising: a positive electrode (Fig 13; p.11 line 39); a negative electrode (Fig 13; p.11 line 39); and an electrolyte layer (Fig 13; p.11 line 40), wherein a laminate in which the negative electrode, the electrolyte layer, the positive electrode, the electrolyte layer (Fig 13; p. 11, lines 38-45) and the negative electrode are laminated in this order is regarded as a minimum unit (p. 11, lines 21-22) wherein the positive electrode is composed of a first composite body consisting of a metal body (p.11, line 47) and a positive electrode mixture containing a positive electrode active material (p.11, lines 48-49) wherein the negative electrode is composed of a second composite body consisting of a metal body (p. 11, lines 27-28) and a negative electrode mixture containing a negative electrode active material (p. 11, lines 29-30) wherein the metal bodies are metallic porous bodies or metal meshes (p. 1, lines 19-37) the first composite body has a first high capacity region (p. 11, [0094], line 21) and a first high output region (p. 11, [0094], line 20) along a thickness direction (p. 8, [0063], lines 12-15), wherein the second composite body has a second high capacity region (p. 11, [0094], line 21) and a second high output region (p. 11, [0094], line 20) along the thickness direction (p. 8, [0063], lines 12-15), wherein the laminate has a first portion in which the first high capacity region (p. 11, [0094], line 21) and the second high capacity region (p. 11, [0094], line 21) are laminated with the electrolyte layer interposed therebetween (Fig. 2; p. 12, [0103], lines 6-14), and a second portion in which the first high output region (p. 11, [0094], line 21) and the second high output region (p. 11, [0094], line 20) are laminated with the electrolyte layer interposed therebetween (Fig. 2; p. 12, [0103], lines 6-14).
Hosoe modified by Gotou does not explicitly teach, an unfilled region in the laminate or the electrolyte itself. Gotou only teaches that the amount of active material is not particularly limited and may vary (p. 11, [0092], lines 14-15).
Harada does teach these limitations, wherein: the metal body in the negative electrode (p. 2, [0011], line 28-29) has a filled region filled with a negative electrode mixture (p. 2, [0011], lines 30-32) containing a negative electrode active material (p. 2, [0011], lines 30-31) and a non-filled region not filled with the negative electrode mixture (p. 2, [0011], lines 33-34), a foamed metal body (a porous metal construction) is filled with an active material and is characterized by an additional layer which is not filled with an active material with a large degree of pressure deformation (p. 2, [0011], lines 30-34). Harada further teaches that the two layered structure of the filled (5) and unfilled (6) layers allows the collection and flow of electricity to increase the current collecting effect and charge/discharge parameters of the battery (Fig. 1; p. 3, [0016), lines 15-21).
Further Harada is considered analogous in the art to Hosoe modified by Gotou, as it is directed towards the manufacture of a battery with a porous metal body embedded with electrode substrate.
Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to further include the filled and unfilled layers of Harada to achieve particular performance characteristics as illustrated by Hosoe modified by Gotou as the addition of said layers would be an obvious addition to the battery of Hosoe with both the high capacity and high output layers of Gotou to further improve the discharge and charge characteristics of the battery.
Regarding Claim 6, Hosoe modified by Gotou and further modified by Harada teaches, the batteries according to claim 3, which are all-solid batteries where this all-solid lithium battery 60 includes a positive electrode 61, negative electrode 62, and solid electrolyte layer 63 arranged between the electrodes (Hosoe Fig 13; p. 11, lines 39-40).
Harada is considered analogous in the art to Hosoe modified by Gotou, as it is directed towards the manufacture of a battery with a porous metal body embedded with electrode substrate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE WALTER VIGIL JR whose telephone number is (571)270-7652. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at (571) 270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE WALTER VIGIL/Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
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