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 .
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 1-7, 12-13, 15-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (US 2022/0077501).
As to claim 1, Tanaka discloses a solid-state battery (figure 1 #1, [0025], discussed throughout) comprising:
a battery element (figure 1 #1, [0025], discussed throughout) in which a positive electrode layer (figure 1 #30, [0025], discussed throughout), a negative electrode layer (figure 1 #40, [0025], discussed throughout), and a solid electrolyte layer interposed between the positive electrode layer and the negative electrode layer are stacked (figure 1 #50, [0025], discussed throughout);
an end-face electrode provided on an end face of the battery element (figure 1 #60 and/or #70, [0027], discussed throughout); and
an insulating layer provided between the positive electrode layer or the negative electrode layer and the end-face electrode (figure 1 #80, [0062]), wherein the insulating layer contains a heat-resistant resin ([0063]- [0064] and discussed throughout).
NOTE: this is a 103-type rejection because of picking an choosing. The prior art says that the marginal layer (instant claimed insulating layer) can be the same material as the solid electrolyte. This leads to picking that material. Then within the examples and the cited paragraphs show the use of a binder within the layer. Thus, a binder is chosen, and the binder has to be a resin which examples are given. Thus, the rejection is a 103-type rejection. It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the listed materials from the insulating layer as a mere combing prior art element according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 2, Tanaka discloses wherein, the insulating layer is disposed between the positive electrode layer and the end-face electrode, and between the negative electrode layer and the end-face electrode (figure 1 #80, #30, #40 and #60 and #70, discussed throughout).
As to claim 3, Tanaka discloses wherein, the end-face electrode includes:
a positive end-face electrode electrically connected to the positive electrode layer (figure 1 #60, discussed throughout); and
a negative end-face electrode electrically connected to the negative electrode layer (figure 1 #70, discussed throughout), and
the insulating layer is disposed between the positive end-face electrode and the negative electrode layer (figure 1 #80, discussed throughout).
As to claim 4, Tanaka discloses wherein, the insulating layer is disposed between the negative end-face electrode and the positive electrode layer (figure 1 #80, discussed throughout).
As to claim 5, Tanaka discloses wherein, the positive electrode layer or the negative electrode layer (figure 1 #40 and/or #30, discussed throughout) includes: an active material layer containing an electrode active material (figure 1 #42 and/or #32, discussed throughout); and a current collector layer (figure 1 #41 and/or #31, discussed throughout), and
the insulating layer is disposed between the active material layer and the end-face electrode (figure 1 #80, discussed throughout).
As to claim 6, Tanaka discloses wherein, the insulating layer is disposed between the solid electrolyte layer and the end-face electrode (figure 1, give that the insulating layer can be made as the same material as the solid electrolyte layer a portion of the solid electrolyte layer can be constructed as a portion of the insulating layer).
As to claim 7, Tanaka discloses wherein, the positive electrode layer (figure 1 #30, discussed throughout) includes a positive electrode current collector layer (figure 1 #31, discussed throughout) and a positive electrode active material layer (figure 1 #32, discuss used throughout), and the negative electrode layer is formed of a single layer (figure 1 #42, note the claim uses comprising so the other layers can be called something else, discussed throughout).
As to claim 12, Tanaka discloses wherein, the insulating layer further contains a filler ([0062]-[0064], [0082], the solid electrolyte can be the filler, discussed throughout).
As to claim 13, Tanaka discloses wherein, the filler contains an inorganic material ([0062]-[0064], [0082], the solid electrolyte can be the filler, discussed throughout).
As to claim 15, Tanaka is silent to wherein, a content of the filler contained in the insulating layer is 74 vol % or less. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to adjust the amount of the solid electrolyte within the insulating layer and the binder as a result effective variable i.e. the more solid electrolyte the better the conductivity, however the lower the binding and more brittle the insulating material (see MPEP 2144.05 II).
As to claim 16, Tanaka discloses wherein, the positive electrode layer, the negative electrode layer, the solid electrolyte layer, and the insulating layer contain an integrally fired body (figure 1, discussed throughout).
As to claim 21, Tanaka discloses wherein, the positive electrode layer and the negative electrode layer are layers capable of storing and releasing lithium ions (figure 1, [0025], the invention is a battery).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka as applied to claim 1 above, and further in view of Gaben (US 2016/0013513).
As to claim 8 and 9, Tanaka is silent to wherein, the insulating layer is disposed on at least one of outermost surfaces of the battery element (claim 8) and wherein, the insulating layer is disposed on a part of all of the outermost surfaces of the battery element (claim 9). Gabe discloses an all-solid state battery (abstract) wherein the insulating material (figure 8 #37, discussed throughout) in between the end plate and the electrode and on the outside of the battery (figure 8 #37). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the insulating material on the outside of Tanaka as within Gaben as a mere combing prior art element according to known methods to obtain predictable results (see MPEP 2143 I).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka as applied to claim 1 above, and further in view of Sasaki (US 2016/0315346)
As to claim 11, Tanaka is silent to wherein, a Young's modulus of the insulating layer is 0.1 GPa or more and 70 GPa or less. Sasaki discloses a battery (abstract) wherein an insulating part may have a Young’s modulus of 20 GPa or less ([0084]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the insulating part from Tanaka have a Young’s modulus of 20 GPa or less because it prevents damage to the power generating elements ([0084]) and as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka as applied to claim 1 above, and further in view of Ohta (US 2015/0056519).
As to claim 14, Tanaka is silent to wherein, the inorganic material contains aluminum oxide. Ohta discloses an all-solid sate lithium ion battery (abstract) wherein aluminum oxide is added to the solid electrolyte as an additive ([0018]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to added the aluminum oxide from Ohta within the solid electrode of Tanaka because the respective element components to diffuse the grain boundary of the base material. This attracts the particles to each other to fill the gaps and accelerates the grain growth of the base material, thus allowing for the lower-temperature sintering ([0020]) and as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka as applied to claim 1 above, and further in view of Oku (US 2015/0318555).
As to claim 17, Tanaka discloses a solid-state battery (figure 1 #1, [0025], discussed throughout) comprising:
a battery element (figure 1 #1, [0025], discussed throughout) in which a positive electrode layer (figure 1 #30, [0025], discussed throughout), a negative electrode layer (figure 1 #40, [0025], discussed throughout), and a solid electrolyte layer interposed between the positive electrode layer and the negative electrode layer are stacked (figure 1 #50, [0025], discussed throughout); and
an end-face electrode provided on an end face of the battery element (figure 1 #60 and /or #70, [0027], discussed throughout), wherein
the positive electrode layer and/or the negative electrode layer includes an electrode active material layer (figure 1 #32 and/or #42, discussed throughout) and a current collector layer (figure 1 #31 and/or #41, discussed throughout).
Tanaka is silent to wherein, the current collector layer contains a conductive material and a heat-resistant resin. Oku discloses a current collector layer contains a conductive material and a heat-resistant resin (abstract, discussed throughout). It would have been obvious to one of ordinary skill within the art at time of the effective filling date of the invention to use the current collector from Oku within Tanaka because the current collector has a low electric resistance ([0050]) as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 18, Tanaka discloses further comprising an insulating layer (figure 1 #80, discussed throughout) provided between the positive electrode layer or the negative electrode layer, and the end-face electrode (figure 1 #30 and/or #40, discussed throughout), wherein
the insulating layer contains a heat-resistant resin ([0062]-[0064], discussed throughout).
As to claim 19, Tanaka discloses wherein, the conductive material is a carbon material and/or a metal material ([0014], Oku).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka as applied to claim 1 above, and further in view of Kato (US 2020/0235367).
As to claim 20, Tanaka is silent to wherein, the heat-resistant resin contains an imide-based resin and/or an imidazole-based resin. Kato discloses an all-solid state battery (abstract) wherein the binder used within the battery is imide based resin ([0104]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the binder from Kato within Tanaka a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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, Miriam Stagg can be reached at 571-270-5256. 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.
/BRIAN R OHARA/Examiner, Art Unit 1724
Prosecution Insights