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 .
Drawings
The drawings are objected to because in: Figure 1, the binder layer on the left side needs to be labeled with (7) as is labeled on the right-hand side. Figure 3, the binder layer on the left side needs to be labeled with (7) as is labeled on the right-hand side. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
· IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 and 16-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the negative electrode coating layer comprising an active material comprising a metal, does not reasonably provide enablement for a negative electrode coating layer comprising any active material. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is "undue." These factors include, but are not limited to:
The breadth of the claims [a negative electrode coating layer comprising any active material on a current collector];
The nature of the invention;
The state of the prior art;
The level of one of ordinary skill;
The level of predictability in the art;
The amount of direction provided by the inventor [the only negative active materials cited are metals];
The existence of working examples [the only negative active material cited is the metal Ag]; and
The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988)
The broadest reasonable interpretation of claim(s) 1-10 and 16-18 encompasses a negative electrode coating layer comprising any active material. Thus, the disclosed specification does not bear a reasonable correlation to the full scope of the claim. Taking these factors into account, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of the claim(s).
Claims 1-9 and 11-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the binder layer comprising a non-aqueous binder, an aqueous binder or a dry binder, does not reasonably provide enablement for the binder layer. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is "undue." These factors include, but are not limited to:
The breadth of the claims [a binder layer];
The nature of the invention;
The state of the prior art [a binder layer can just comprise an adhesive material];
The level of one of ordinary skill;
The level of predictability in the art;
The amount of direction provided by the inventor [the only materials cited are binder polymers];
The existence of working examples [the only material cited is binder polymers]; and
The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988)
The broadest reasonable interpretation of claim(s) 1-9 and 11-18 encompasses any layer comprising some sort of adhesive material. Thus, the disclosed specification does not bear a reasonable correlation to the full scope of the claim. Taking these factors into account, undue experimentation would be required by one of ordinary skill in the art to practice the full scope of the claim(s).
Claims 1-18 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 1 is rejected because unclear what is meant by “edge of the current collector”. It is unclear what is the relationship between the negative electrode coating layer and the binder layer. This makes the claim vague and indefinite. Claim 7-8 are rejected because unclear what the difference is between the two claims because they are both claiming the same concept. Claim 11 is rejected because the claim should cite “the negative electrode coating layer includes an active material comprising a metal, a conductive material comprising a carbon material and a negative electrode binder…”. Claim 11 is rejected because unclear if the binder material in the negative electrode coating layer has to contain the same binder material in the binder layer.
Claim 18 is rejected because it is unclear how “a lithium -containing layer” is further formed between the current collector and the negative electrode coating layer and no “lithium” material is present. Claim 18 is rejected because the claim needs to cite “A charged all-solid-state battery as claimed in claim 16…”. Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6 and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe et al. (US 2013/0004843). Abe et al. teaches in Figure 2, an electrode comprising a current collector (13), an electrode material layer (14) formed on one surface of the current collector (13), and a binder which layer (12) arranged at a predetermined interval in an interface between the collector (13) in the electrode material layer (14). The electrode material layer mainly includes a 1st binder and an active material and the binder layer which layer mainly includes a 2nd binder [teaching claim 10]. [Therefore, teaching claims 1-2, a negative electrode comprising a current collector, a negative electrode coating layer on the current collector and a binder layer discontinuously along a surface edge of the same surface of the current collector][teaching claim 3, with the binder layer includes a 1st surface on the current collector and a 2nd surface opposite the 1st surface and the negative electrode coating layer covers the 2nd surface]. Abe et al. shows in Figure 2, where the height of the binder layer is smaller than the height of the negative electrode coating layer [teaching claim 6]. Abe et al. teaches in [0045], that the anode active material can be aluminum, silicon and tin [teaching claim 14], which can form an alloy with lithium. Abe et al. teaches in [0051-0052], that the anode active material layer comprises an active material, a binder and a viscosity modifier comprising CMC [teaching claim 13] and the same amount is used for the binder in an amount of 97.6:2.4 [teaching claim 11, with the negative electrode binder is present in amount of 1-9 wt% or present in an amount of 1-6.6 weight % as claimed in claim 12]. Abe et al. teaches in [0043], a list of binders that can be included in the binder which layer or the electrode material layer but are not particularly limited [teaching claim 15].
Claim(s) 1-3, 6-8, 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2022/0293895). Lee teaches in Figure 2 (a) and claim 1, an electrode comprising a current collector (110), an electrode active material layer (120) disposed on the current collector and a binder layer (130) partially disposed between the current collector and the electrode active material layer at both ends of the electrode active material layer. [teaching claims 1-3]. Lee shows in figure 2(a), where the height of the binder layer is smaller than a height of the negative electrode coating layer [teaching claim 6]. Lee teaches in [0053-0055], the negative electrode layer comprises lithium metal, silicon or tin; a conductive material and a binder added in an amount of 1-30 wt % [teaching claims 11-14] and teaches in [0056], that the binder is a water insoluble polymer which is soluble in an organic solvent teaching claims 10 and 15. Lee teaches in [0060], that the thickness (h2) of the binder layer (130) may be 1-30% of the thickness (h1) of the electrode active material layer (120) [teaching claim 7-8]. Lee teaches in [0062], that in figure 2, the width direction length (d2) of the binder layer (130) formed at one end of the current collector can be 5-20% of the width direction length (d1) of the electrode active material layer (120).
Claim Rejections - 35 USC § 103
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.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2022/0293895). Lee teaches in Figure 2 (a) and claim 1, an electrode comprising a current collector (110), an electrode active material layer (120) disposed on the current collector and a binder layer (130) partially disposed between the current collector and the electrode active material layer at both ends of the electrode active material layer. [teaching claims 1-3]. Lee shows in figure 2(a), where the height of the binder layer is smaller than a height of the negative electrode coating layer [teaching claim 6]. Lee, teaches in [0053-0055], the negative electrode layer comprises lithium metal, silicon or tin; a conductive material and a binder added in an amount of 1-30 wt % [teaching claims 11-14] and teaches in [0056], that the binder is a water insoluble polymer which is soluble in an organic solvent teaching claims 10 and 15. Lee, teaches in [0060], that the thickness (h2) of the binder layer (130) may be 1-30% of the thickness (h1) of the electrode active material layer (120) [teaching claim 7-8]. Lee teaches in [0062], that in figure 2, the width direction length (d2) of the binder layer (130) formed at one end of the current collector can be 5-20% of the width direction length (d1) of the electrode active material layer (120).
Lee teaches the claimed negative electrode comprising a current collector, a negative electrode coating layer on the current collector and a binder layer discontinuously along an edge of the current collector and teaches that the parameter of the thickness (h2) of the binder layer to the thickness (h1) of the electrode active material layer; teaches the parameter of the width direction length (d2) of the binder layer formed at one end of the current collector in regard to the width direction length (d1) of the electrode active material layer but does not specifically teach wherein the width of the binder layer is 0.5-10 mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a binder layer having a width of 0.5-10 mm, since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum value or workable ranges involves only routine skill in the art and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
Claim(s) 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2022/0293895) in view of Fujino et al. (JP 2008-257962, machine translation). Lee teaches in Figure 2 (a) and claim 1, an electrode comprising a current collector (110), an electrode active material layer (120) disposed on the current collector and a binder layer (130) partially disposed between the current collector and the electrode active material layer at both ends of the electrode active material layer. [teaching claims 1-3]. Lee teaches in [0053-0055], the negative electrode layer comprises lithium metal, silicon or tin; a conductive material and a binder added in an amount of 1-30 wt %. Lee, teaches in [0065], a battery comprising a positive electrode and a negative electrode where the negative electrode has a binder layer formed at both ends of the active material layer. Lee teaches a battery comprising a negative electrode comprising a current collector, a negative electrode coating layer on the current collector and a binder layer discontinuously along an edge of the current collector and a positive electrode but does not specifically teach a sulfide solid electrolyte layer between the negative electrode and the positive electrode. Fujino et al. teaches that it is known to have an all solid lithium secondary battery comprising an anode layer comprising lithium, a cathode layer and a sulfide solid electrolyte layer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a battery comprising a positive electrode, the negative electrode comprising lithium and the solid electrolyte layer including a sulfide solid electrolyte because Fujino et al. teaches that it is known to have an all solid lithium secondary battery comprising a sulfide solid electrolyte layer when the anode layer comprises lithium. The claimed property of a lithium -containing layer formed during the initial charging between the current collector and the negative electrode coating layer would have obviously been present once the Lee in view of Fujino et al. product is provided. See MPEP 2122.01, I.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura Weiner whose telephone number is (571)272-1294. The examiner can normally be reached 9 am-5 pm EST M, Th and F.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
Prosecution Insights