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 .
Response to Amendment
Currently, Claim 1 is pending and has been amended in the instantly claimed manner.
Response to Arguments
In view of the aforementioned amendments to Claim 1, the previous rejections of record under 35 USC 112(b) are withdrawn.
Applicant has mainly amended Claim 1 to require (1) that a length of the longer side with respect to a length of the shorter side is from 2.0 or more to 4.0 or less, (2) that a sulfide solid electrolyte is arranged inside the nonwoven fabric, (3) that a percentage of voids in the nonwoven fabric is 70% or more and 90% or less, and (4) that in the nonwoven fabric, a tensile strength of the fabric direction is larger than a tensile strength of a direction orthogonal to the fabric direction.
With respect to Ueda, Applicant argues that Ueda is silent about the fabric direction in the nonwoven fabric constituting the electrolyte sheet (4), and the mere fact that the layers in Ueda are parallel does not mean both that an angle formed by a longer direction in the claimed facing part and a fabric direction in the nonwoven fabric is 0° or more and 30° or less, and in the nonwoven fabric, a tensile strength of the fabric direction is larger than a tensile strength of a direction orthogonal to the fabric direction (Pages 3-4 of Remarks). Regarding Kauschke, Applicant also argues that Kauschke neither teaches nor suggests both that an angle formed by a longer direction in the claimed facing part and a fabric direction in the nonwoven fabric is 0° or more and 30° or less, and in the nonwoven fabric, a tensile strength of the fabric direction is larger than a tensile strength of a direction orthogonal to the fabric direction (Pages 4-5 of Remarks).
Applicant’s arguments are acknowledged but are not persuasive.
First, Claim 1 does not explicitly define what constitutes a “fabric direction” in the nonwoven fabric (e.g. it does not require/imply a particular directionality or orientation or a fiber or fibers therein), or otherwise recite how the term “fabric direction” in Claim 1 is precluded from being interpreted as, for example, the direction that the nonwoven fabric of Ueda extends in a manner parallel to the longer direction of the facing part (wherein all layers of the electrode structure body of Ueda extend so as to be parallel to one another), wherein such parallel extension necessarily forms an angle of 0° between said longer direction in the facing part and said extension direction of the nonwoven fabric. Furthermore, Kauschke was relied upon solely for their disclosure of a non-symmetrical bonding configuration, wherein Kauschke’s disclosure cures deficiencies in at least Ueda. Kauschke is not required to simultaneously teach features already disclosed, for example, by Ueda in order to function as a supporting reference.
Nevertheless, new grounds of rejection are presented below as necessitated by Applicant’s amendments to the Claims. It is noted that all previous prior art rejections of record are withdrawn.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda et al. (JP 2016-031789, using the provided machine translation for citation purposes), and further in view of Huang et al. (US 2013/0143099) and Kim et al. (KR 1020170135180, using the provided machine translation for citation purposes) and Kauschke et al. (US 6,610,390).
Regarding Claim 1, Ueda teaches an all solid secondary battery (“all solid state battery”) ([0001], [0020]). As illustrated in Figure 1, Ueda teaches that the battery comprises an “electrode structure body” including a positive electrode current collector (2), a positive electrode active layer (3) (wherein (2) and (3), in combination, are interpreted to be a “cathode layer”), a negative electrode current collector (6), a negative electrode active layer (5) (wherein (5) and (6), in combination, are interpreted to be an “anode layer”), and a solid electrolyte layer (4) (“solid electrolyte layer arranged between the cathode layer and the anode layer”) ([0020]). As illustrated in Figure 1, the battery includes a “facing part,” wherein said facing part includes the areas of the battery wherein said cathode layer and said anode layer face each other. Ueda teaches that the solid electrolyte layer contains a nonwoven fabric (“nonwoven fabric”) having a solid electrolyte on the surface and inside the nonwoven fabric (“solid electrolyte arranged inside the nonwoven fabric”) ([0011], [0017]). Ueda teaches that the nonwoven fabric preferably exhibits a porosity of 75.8% or more and 85.5% or less ([0015]). As illustrated in Figure 1, all layers of the electrode structure body extend so as to be parallel with one another. Furthermore, Ueda teaches that the solid electrolyte is, for example, an inorganic solid electrolyte which is, for example, a sulfide solid electrolyte ([0025]-[0028]).
Ueda does not explicitly teach that in a plan view along a thickness direction, a shape of the facing part is a rectangular shape including a longer side and a shorter side, wherein the length of the longer side with respect to a length of the shorter side is from 2.0 or more to 4.0 or less.
However, Huang teaches a secondary battery (Abstract, [0003]). As illustrated in Figures 2-3, the secondary battery is a rectangular battery which comprises a rectangular cell assembly therein ([0027]-[0028]). Huang teaches that the rectangular battery is structured, for example, such that the layers of the rectangular cell assembly have a length of 65 mm and a width being a multiple of 18 mm ([0030], Claim 8). Alternatively, Huang teaches that the rectangular battery is structured, for example, such that the layers of the cell assembly have both a length and a width which are a multiple of 18 mm ([0030], Claim 8). Huang teaches that a battery with such rectangular dimensions makes it useable for a power source of an external device ([0027]). Huang also teaches that the shape of a battery has a great effect upon the design and manufacture of its cell structure ([0005]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would construct the layers of the electrode structure body of Ueda so as to be rectangular with a length and a width that are each a multiple of 18 mm (thereby resulting in the facing part having a rectangular shape in a plan view along a thickness direction with a length of a “longer side” with respect to a length of a “shorter side” that may be 2.0 or more to 4.0 or less, such as when the length is 72 mm and the width is 36 mm), as taught by Huang, based not only on the final desired and/or required overall dimensions of the battery (wherein it is noted that per MPEP 2144.04 (IV)(b), changes in shape are a matter of design choice unless persuasive evidence is present to show that it is significant), but also because such rectangular dimensions would specifically render the battery useable as a power source of an external device, as taught by Huang. It is noted that in the case where the claimed range “overlaps or lies inside the ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Furthermore, and as previously described, all layers of the electrode structure body extend so as to be parallel with one another. Accordingly, and in context of Ueda, as modified by Huang, in the plan view, an angle formed by a longer direction in the facing part and a fabric direction in the nonwoven fabric is 0°.
Ueda, as modified by Huang, does not explicitly teach that the all solid secondary battery is comprised in a vehicle.
However, Kim teaches an all solid state secondary battery (Abstract, [0001]). Kim teaches that all solid state secondary batteries are suitable for use as power sources for electric vehicles given their high theoretical energy density as compared to conventional lithium ion batteries ([0005]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would utilize the all solid secondary battery of Ueda, as modified by Huang, as a power source in an electric vehicle (“vehicle”), as taught by Kim, given that all solid state secondary batteries are suitable for use as power sources for electric vehicles given their high theoretical energy density as compared to conventional lithium ion batteries.
Ueda, as modified by Huang and Kim, does not explicitly teach that in the nonwoven fabric, a tensile strength of the fabric direction is larger than a tensile strength of a direction orthogonal to the fabric direction.
However, Kauschke teaches a nonwoven fabric having a non-symmetrical bonding configuration (Abstract, col. 1 lines 14-18). Kausche teaches that the nonwoven fabric is useful in a separator for a battery (col. 10 lines 30-42). Kausche teaches that the non-symmetrical bonding configuration of the nonwoven fabric provides for a high tensile strength in the machine direction and a low tensile strength in the cross direction (which is orthogonal to the machine direction), while simultaneously providing for a high percent elongation in the cross direction and a low percent elongation in the machine direction (col. 3 lines 37-46). Furthermore, Kauschke teaches that the non-symmetrical bonding configuration helps retain softness, bulkiness, fiber tie down, abrasion resistance, bond strength, and bonding area characteristics of the nonwoven fabric (col. 5 lines 28-31).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would construct the nonwoven fabric of Ueda, as modified by Huang and Kim, with a non-symmetrical bonding configuration, as taught by Kauschke, given that such a bonding configuration would provide the nonwoven fabric with a high tensile strength in the machine direction (“fabric direction”) and a low tensile strength in an orthogonal cross direction (“a direction orthogonal to the fabric direction”), while simultaneously providing the nonwoven fabric with a high percent elongation in said orthogonal cross direction and a low percent elongation in said machine direction, all while helping retain softness, bulkiness, fiber tie down, abrasion resistance, bond strength, and bonding area characteristics of the nonwoven fabric.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W VAN OUDENAREN whose telephone number is (571)270-7595. The examiner can normally be reached 7AM-3PM EST M-F.
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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