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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 29 February 2024 and 8 January 2025 were considered by the examiner.
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 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Sakai et al. (JP2021163759A, cited on IDS, hereafter Sakai).
Regarding Claim 1, Sakai teaches a method for manufacturing a solid-state battery sheet (Abstract). Sakai teaches preparing a first member (M1), which comprises a first support layer (11) and a first solid electrolyte layer (13) provided on one surface of the support layer [0007]. The solid electrolyte forming material may be a slurry containing solid components and a solvent [0053]. The combining of the forming material (slurry) with the first support portion forms a first uncured product, which is the first member (M1). Both structures act as intermediates in their respective processes.
Sakai also teaches the preparation of a sheet-formed three-dimensional structure (“porous substrate”, 10, [0007]). The porous substrate may be a sheet [0018]. The porous substrate can be placed on the upper surface of an uncured product (“second member”, M2).
In FIG. 5B, the porous substrate can be seen on the upper surface of the second member (12, 14, 16 together, sometimes 16 is omitted) as opposed to the first member described in the previous step. However, rotating the structure over the x-axis so that the porous substrate would be atop the second member instead of the first provides the same overall structure and does not alter the function of the structure or the elements within. The (negative) electrode layer (16) can be omitted [0026], leaving only the second member comprising the solid electrolyte layer (14) and the support layer (12).
Moreover, Sakai teaches the first solid electrolyte layer (13) being applied to the electrode layer (15) (or support layer (11) if the electrode layer is omitted) and then drying the solution [0028]. The solid electrolyte layer (13) is being dried on the uncured product (“support layer”).
A second member including a second support layer (12) and a second solid electrolyte layer (14) are prepared as well [0007]. This layer is applied to the top of the three-dimensional structure (“porous substrate”, 10) and on the inside of the structure ([0007], “electrolyte layers are filled into and in contact with the pores of the porous substrate”). This forms the second member, which is the second uncured product (FIG. 2a (C), although this figure is technically of a different embodiment, the first steps of creating the laminate, to which this figure is referencing, and the electrolyte sheet are the same [0064], so this figure can read on this limitation).
Lastly, the reference teaches a step where the solid electrolyte layer forming material (slurry) is included in the step to create the second member [0054]. This second uncured product (“second member”, M2) of the reference can be dried after it has been filled into and in contact with the three-dimensional structure ([0007, 0015], “porous substrate”, 10), which leads to creating a solid electrolyte sheet with a second electrolyte layer on and inside the three-dimensional structure. The resulting final product of the reference is the same as the final product of the instant application (FIG. 5B).
Again, it should be noted that the order of formation of the first and second members is not critical [0012], so the formation of the negative electrode layer (16) being first and the porous substrate (10) being placed on top as opposed to the first member (including the positive electrode layer 15), according to the reference’s naming convention, does not result in a new or different product.
The reference’s method contains all of the same steps as the instant application but in a different sequence. It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the order of steps listed in Sakai. It was held that changes in the sequence of adding ingredients was unpatentable in the absence of new or unexpected results (MPEP 2144.04(IV)(C)).
Regarding Claim 2, Sakai teaches the three-dimensional structure (“porous substrate”) being a non-woven fabric [0020].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO2019103008A1: Teaches a method for producing an electrode body for all solid-state-batteries which is capable of inhibiting the formation of cracks in a solid electrolyte layer.
JP6786678B2: Teaches a solid electrolyte slurry, a method for producing a solid electrolyte sheet, an enclosure for a solid electrolyte slurry, an electrode slurry, a method for producing an electrode sheet, an enclosure for an electrode slurry, and a method for producing an all-solid lithium-ion battery.
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/M.D.B./Examiner, Art Unit 1785
/LAURA C POWERS/Primary Examiner, Art Unit 1785
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