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 .
Election/Restrictions
Applicant’s election with traverse of group I in the reply filed on 08/21/2026 is acknowledged. The traversal is on the ground(s) that there is no undue burden to search the groups. This is not found persuasive because:
• The inventions are classified in different areas of search and CPC classes.
• Prior art applicable to one invention may not be applicable to the other.
Thus, the requirement is still deemed proper and is therefore made FINAL.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/13/2024 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.
Claim 4 is 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 4 is dependent on claim 1 which requires a porous network comprising fibrous carbon, which by definition would be a conductive material. Claim 4 recites “wherein the coating layer does not comprise a conductive material”. Appropriate correction is required for clarification. It is noted for examination purposes the limitation of “wherein the coating layer does not comprise a binder” has been examined on the merits.
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.
Claims 1, 3 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 20200161656 A1), hereinafter "Yang".
In regard to Claim 1, Yang et al. discloses an all-solid-state battery, comprising: an anode current collector (225), a coating layer (140) disposed on the anode current collector, a solid electrolyte layer (145) disposed on the coating layer, a cathode active material layer (135) disposed on the solid electrolyte layer and a cathode current collector (210) disposed on the cathode active material layer.
Yang et al. also discloses wherein the coating layer comprises a porous network comprising fibrous carbon (300) and an inorganic electrolyte (500) (Yang, Claim 1, [0041-0043, 0045-0047, 0050-0052]). Yang et al. discloses the positive and negative contacts as physically contacting the respective electrodes and carrying current between them and their terminal connections (Yang, [0038, 0041]) which is a functional equivalent to a positive (210) and negative (225) current collector and further discloses the coating layer comprising CNT's and inorganic electrolyte in contact with. i.e. disposed on the anode current collector (Yang, [0047]).
In regard to Claim 3, Yang et al. discloses the all-solid-state battery of claim 1. Yang et al. also discloses wherein the fibrous carbon comprises carbon nanotubes (Yang, [0045]).
In regard to Claim 4, Yang et al. discloses the all-solid-state battery of claim 1. Yang et al. also discloses wherein the coating layer does not comprise a binder and provides a self-standing CNT structure treated and infused with solid electrolyte (Yang, [0026, 0068-0070]). As stated in the 35 USC 112(b) rejection above, CNT's and other fibrous carbons are a conductive material and absence of any conductive material in the coating layer would therefore exclude the fibrous carbon.
In regard to Claim 20, Yang et al. discloses the all-solid-state battery of claim 1. Yang et al. also discloses a vehicle comprising the all-solid-state battery of claim 1 (Yang, Title).
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 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20200161656 A1), hereinafter "Yang" as applied to claim 1 above. Yang et al. is analogous prior art to the claimed invention because they pertain to the same field of endeavor, solid state batteries.
In regard to Claim 2, Yang et al. discloses the all-solid-state battery of claim 1. Yang et al. also discloses wherein a thickness of the coating layer (140) is in a range from 15 to 200μm (Yang, [0032]), which overlaps the claimed range. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to have selected the overlapping portion of the ranges disclosed by the reference, as overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
In regard to Claim 5, Yang et al. discloses the all-solid-state battery of claim 1. Yang et al. also discloses wherein the inorganic electrolyte (500) may be selected from a preferred list including sulfur-based electrolyte (Yang, [0051]) and thus would be an obvious material to try for the skilled artisan.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20200161656 A1), hereinafter "Yang" as applied to claim 1 above in view of Kwon et al. (US 20210384517 A1), hereinafter "Kwon". Yang and Kwon et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, solid state batteries.
In regard to Claim 6, Yang et al. discloses the all-solid-state battery of claim 1. While Yang et al. discloses wherein the inorganic electrolyte is sulfur-based it is silent as to selecting LPSCl. However, the skilled artisan would be well aware of other sulfide electrolytes to combine with a fibrous carbon in a coating layer on an anode current collector as evidenced by Kwon et al. which discloses LPSCl combined with a fibrous carbon (CNT) in a coating layer (20) on an anode current collector (10) (Kwon, [0054-0056, 0089-0090]) with an advantage of this configuration taught as being capable of increasing the capacity retention of the all-solid-state battery (Kwon, [0094]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide LPSCl combined with fibrous carbon in the coating layer on an anode current collector as taught in Kwon as the inorganic sulfur based solid electrolyte combined with CNT's in the coating layer on an anode current collector as doing so would be obvious to try for the skilled artisan and as doing so would amount to nothing more than a simple substitution of one known element for another to obtain predictable results.
Double Patenting
Claims 1, 3 and 5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of copending Application No. 17/095456 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of Claims 1 and 5 of the current application are encompassed in claim 1 of the reference application except for terminology differences (coating layer in current application and porous layer in reference application).
Claim 3 of the current application is identical to claim 3 of the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lim et al. (US 20220052343 A1) discloses a porous 3 dimensional fibrous carbon layer to include CNT’s (Lim, [0042-0044, 0049-0050]) with an inorganic electrolyte layer (Lim, [0063-0064]) with a thickness of 3-30µm (Lim, [0052]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH MAX OTERO whose telephone number is (571)272-2559. The examiner can normally be reached M-F Generally 7:30-430.
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, Nicole Buie-Hatcher can be reached at (571) 270-3879. 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.
/K.M.O./Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
