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)
with a filing date of 12/03/2020. The certified copy of JP2020-201092 has been filed in the present
application, received on 04/08/2024.
Election/Restrictions
Applicant’s election without traverse of Species A1 and Species B3 in the reply filed on 08/20/2026 is acknowledged. Claims 5 – 7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A2, B1, B2 and B4 there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/20/2026.
Claim Objections
Claim 1 is objected to because of the following informalities: The limitation “the anode active material and the anode current collector are in direct contact in the non-existence portion” should be included after the limitation “in plan view, the coating layer includes the existence portion and the non-existence portion in the opposing region, and includes the non-existence portion in at least a part of the non-opposing region” for clarity. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 – 4 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 3, 6, and 10 of U.S. Patent No. 11, 984, 585 B2 in view of Kawasaki (JP2008103289A, Machine translation provided).
Specifically, claims 1 – 6, 6, and 10 of the patented application discloses all the limitations of instant claims 1 – 4 and 8 except for vehicle comprising an all solid state battery.
Kawasaki teaches an all-solid-state battery that comprises a sulfide-based solid electrolyte and further teaches applying the battery in a vehicle ([0009]). Kawasaki further teaches that the use of all-solid-state batteries in applications such a power sources for vehicles allows for improved safety ([0002 – 0003]).
The patented application and Kawasaki are analogous prior art due to pertaining to the same field of endeavor {i.e. both teach all-solid-state batteries including a sulfide-based solid electrolyte}.
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to routinely incorporate the battery of the of the patented application in a vehicle, as taught by Kawasaki, and thus obtain the invention of the instant application, with a reasonable expectation of success in utilizing the battery in a suitable application and further obtaining a power source for a vehicle with improved safety.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claim 1, if amended to overcome the current objection and further if the current nonstatutory double patenting rejection is overcome, would be allowing over the closes prior art: Fukushima (WO 2014141962 A1, Machine translation provided – cited in 03/25/2024 IDS) in view of Kawasaki (JP2008103289A, Machine translation provided) and Ueno (WO 2019189311 A1, US PG Pub 2021/0036362 A1 used as English Translation herewith – both cited in 03/25/2024 IDS) for requiring: (1) in plan view, the coating layer to also include the non-existence portion in the opposing region; and (2) the anode active material layer and anode current collector to be in direct contact in the non-existence portion.
Regarding Claim 1, Fukushima discloses an all solid state battery (Fig. 3 #30; [0037]) comprising a cathode including a cathode active material layer (positive electrode layer; Fig. 3 #11; [0037]; [0039]), and a cathode current collector (collector; Fig. 3 #15; [0037]); an anode including an anode active material layer (negative electrode layer; Fig. 3 #13; [0037]; [0040]), and an anode current collector (collector; Fig. 3 #15; [0037]); and a solid electrolyte layer (Fig. 3 #12; [0037]) placed between the cathode active material layer and the anode active material layer, and the anode active material layer includes an anode active material ([0040]; [0050]), and a sulfide solid electrolyte [0040]; [0050]).
Fukushima does not explicitly disclose a vehicle comprising the all solid state battery.
Kawasaki, analogous to Fukushima due to pertaining to the same field of endeavor {i.e. both teach all-solid-state batteries including a sulfide-based solid electrolyte}, teaches an all-solid-state battery that comprises a sulfide-based solid electrolyte and further teaches applying the battery in a vehicle ([0009]). Kawasaki further teaches that the use of all-solid-state batteries in applications such a power sources for vehicles allows for improved safety ([0002 – 0003]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to routinely incorporate the battery of the of Fukushima in a vehicle, as taught by Kawasaki, and thus obtain the claimed vehicle, with a reasonable expectation of success in utilizing the battery in a suitable application and further obtaining a power source for a vehicle with improved safety.
Fukushima teaches that the configuration of the battery in Fig. 3 prevents the reaction between the sulfide solid electrolyte and the negative electrode current collector through the inclusion of intervening layer 141 ([0038]). Fukushima further teaches that the material for the anode current collector may include aluminum, nickel iron or stainless steel [0034] which is similar to the material disclosed by the instant specification. Thus, an ordinary skilled artisan would recognize the anode current collector of Fukushima to be a current collector that reacts with the sulfide solid electrolyte at an open circuit potential of the anode active material.
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Annotated Fig. 3 showing the corresponding opposing and non-opposing region in Fukushima.
Fukushima further discloses in a thickness direction, the all solid state battery includes an opposing region where the anode active material layer and the cathode active material layer are opposing to each other; and a non-opposing region where the anode active material layer and the cathode active material layer are not opposing to each other (Refer to the corresponding opposing and non-opposing regions shown in annotated Fig. 3 above).
Fukushima further teaches the including intervening layer 141 between the negative electrode collector and negative electrode layer for the purpose of preventing a reaction between the sulfide solid electrolyte and current collector (Fig. 3; [0037 – 0038]). By preventing the reaction, the intervening layer prevents the degradation of the electrolyte and collector while increasing the battery power by reducing resistance and improving battery characteristic reliability ([0027 – 0028]). The intervening layer 141 is further taught to be electron conductive [0037]). Since intervening layer 141 is a coating layer on the anode current collector, Fukushima further provides the claimed structure of wherein the anode current collector includes a coating layer {i.e. intervening layer 141} on a surface of the anode active material side (Refer to position of intervening layer 141 in Fig. 3 of Fukushima).
Fukushima does not disclose the coating layer (i.e. intervening layer 141) including a lithium titanate.
Ueno teaches an all-solid-state battery that includes an intermediate layer 57 formed between the negative electrode current collector 53 and the negative electrode active material layer 54 (second intermediate layer; Fig. 1 #57; [0037]). The intermediate layer of Ueno is further taught to be continuously or discontinuously provided between the collector and active material layer ([0043]). The intermediate layer is included for the purpose of improving bonding between the collector and active material; reducing the localization of the electrochemical reaction during charge/discharge; generating uniform reactions throughout the active material layers; and improving cycling characteristics ([0038]). Ueno further teaches that the material for the intermediate layer must be electron conducting and bondable to the active material and collector without being electrochemically decomposed at the operating potential of active material ([0079]). Ueno includes lithium titanate as an example from a list of a viable intermediate layer material ([0079]).
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have replaced the intervening layer material of Fukushima to include the intermediate layer materials of Ueno with a reasonable expectation of success in obtaining a viable coating layer for the negative electrode collector that is of an electron conducting material.
Furthermore, it would have been further obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have specifically selected lithium titanate for the replacement of the intervening layer material from the finite list of materials included in Ueno, and thus obtain the claimed coating layer, with a reasonable expectation of success that such a selection would provide a collector coating that prevents reaction between the electrolyte and negative current collector {i.e. Lithium titanate is a material well-known in the art for its ability to prevent reactions between the electrolyte and negative current collector.} in addition to improved bonding; reduced electrochemical reaction localization; uniform active material reactions; and improved cycling characteristics [MPEP 2143(I)].
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Annotated Fig. 3 showing the corresponding opposing and non-opposing region in Fukushima.
Annotated Fig. 3 of Fukushima shows intervening layer 141 present in the opposing region and not present in the non-opposing regions; thus, in modified Fukushima, in plan view, the coating layer includes a non-existence portion in the region specified by an outer edge of the anode current collector (Fukushima: [0037]), which is within the claimed scope of one or two or more of an existence portion and a non-existence portion, respectively. Additionally, by teaching the configuration shown in Fig. 3, modified Fukushima further provides the claimed structure of wherein, in plan view, the coating layer includes the existence portion in the opposing region {i.e. includes intervening layer 141 in the opposing region} and the non-existence portion in the entirety of the non-opposing region {i.e. does not include intervening layer 141 in the non-opposing region}, which is within the claimed scope of at least a part of the non-opposing region.
Modified Fukushima does not teach/suggest, however, in plan view, the coating layer further including the non-existence portion in the opposing region and further the anode active material layer and anode current collector being in direct contact in the non-existence portion.
That is, in Fig. 3, Fukushima specifically teaches including an insulating coating intervening layer 142 in the non-opposing region to prevent electrical short circuits ([0038]) and further does not include the anode active material in the non-opposing region. Intervening layer 141 {i.e. corresponds to claimed lithium titanate coating in modified Fukushima} is taught to be included between the active material and current collector in order to prevent the reaction between the sulfide solid electrolyte and the current collector while also allowing for electron conductivity ([0028 – 0029]).
Ueno teaches a solid state battery with a lithium titanate coating layer (intermediate layer 57) between a negative electrode current collector and negative electrode active material layer; however, the battery does not include an opposing and non-opposing region. In addition, Ueno only shows embodiments where the intermediate layer 17 is provided continuously between the negative electrode active material layer 14 and negative electrode current collector 1 and the intermediate layer has the purpose of improving bonding between the collector and active material; reducing the localization of the electrochemical reaction during charge/discharge; generating uniform reactions throughout the active material layers; and improving cycling characteristics ([0038]).
Kawasaki is silent with respect to including any coating layer on the electrode current collectors of their battery.
Therefore, as Fukushima does not teach/suggest excluding at least part of intervening layer 141 in the opposing region and does not teach/suggest having the anode active material and collector directly contacting one another; Ueno does not teach/suggest including an intervening layer discontinuously in an opposing and non-opposing region and further does not teach/suggest a motivation for discontinuously coating the layer; and Kawasaki does not teach/suggest including any coating on the negative electrode current collector, the cited prior art alone/in combination cannot fairly render obvious the claimed structure of wherein, in plan view, the coating layer further includes the non-existence portion in the opposing region and wherein the anode active material layer and anode current collector are in direct contact in the non-existence portion.
Also, while Ueno teaches that the intermediate layer can be applied continuously or discontinuously there is no specific motivation is taught to do so. Moreover, since Fukushima teaches a preference of including the intervening layer between the negative electrode collector and negative electrode active material layer and desires to insulate the exposed outer edges of the negative electrode, one with ordinary skill in the art would not have been motived/find it obvious to modify the battery of Fukushima in view of Ueno to have an anode active material and collector in direct contact in the non-existence portion, as claimed, because such a configuration would frustrate Fukushima’s original purpose of preventing short circuiting by not including intervening layer 141 in the non-opposing region as well as preventing reaction between the sulfide solid electrolyte and current collector (Fukushima: [0026 – 0029];[0038]).
Claims 2 – 4 and 8 would be allowable due to their dependency on claim 1.
Conclusion
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/A.Y.O./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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