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 statement(s) (IDS) submitted on 03/22/2024 and 09/16/2025 are 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 § 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.
(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.
Claims 1-8 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 110581314 A- as cited in the IDS).
Regarding claim 1, Li discloses an all solid state battery comprising:
a stacked body provided with a positive electrode containing a positive electrode active material, a negative electrode containing a negative electrode active material, and a solid electrolyte sheet interposed between the positive electrode and the negative electrode (Figures 3-4; negative electrode 6, positive electrode 5 with the solid electrolyte membrane 1; [32] positive and negative electrodes contain active material),
wherein the solid electrolyte sheet contains a porous substrate and a solid electrolyte, the solid electrolyte is retained in pores of the porous substrate, and both surfaces of the porous substrate are covered with the solid electrolyte (Figures 1-3; [43] solid state electrolyte membrane contains a porous support framework 3; a solid electrolyte 4 and 2 are applied to both sides of the porous substrate and fills in porous of the framework), and
a distance (A) between the porous substrate and the positive electrode active material is 1 micrometer or more, and a distance (B) between the porous substrate and the negative electrode active material is 3 micrometer or more, in a thickness direction of the stacked body (Figures 1-3; [18] multilayer structure composite has the electrolyte membrane being 5-35 micrometers, the inorganic electrolyte layer being between 0.1-5 micrometers, the support framework is between 4-25 micrometers and the polymer electrolyte layer being between 0.1-5 micrometers).
Regarding claim 2, Li discloses all the claim limitations of claim 1. Li further discloses wherein the distance A is 15 micrometers or less ([18] the inorganic electrolyte thickness being between 0.1-5 micrometers and thus the distance between the porous substrate and the positive electrode active material would be between 0.1-5 micrometers).
Regarding claim 3, Li discloses all the claim limitations of claim 1. Li further discloses wherein the distance B is 15 micrometers or less ([18] the polymer electrolyte being between 0.1-5 micrometers and thus the distance between the porous substrate and the negative electrode active material would be between 0.1-5 micrometers).
Regarding claim 4, Li discloses all the claim limitations of claim 1. Li further discloses wherein the solid electrolyte sheet has a thickness of 10-50 micrometers ([18] the solid electrolyte membrane has a thickness of 5-35 micrometers).
Regarding claim 5, Li discloses all the claim limitations of claim 1. Li further discloses wherein the porous substrate has a thickness of 3-45 micrometers ([18] the solid electrolyte membrane has a thickness of 5-35 micrometers).
Regarding claims 6-8, Li discloses all the claim limitations of claim 1. Li further discloses wherein the porous substrate is constituted by fibrous articles such as cellulose, polyolefin, polyester, and glass nonwoven fibers (claim 2 and [13]; the porous support framework can be a cellulose nonwoven membrane, glass fiber non-woven membrane, polypropylene non-woven membrane as well as other materials).
Regarding claim 12, Li discloses all the claim limitations of claim 1. Li further discloses wherein the porous substrate has a thickness of 3-25 micrometers ([18] the solid electrolyte membrane has a thickness of 5-35 micrometers).
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.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 110581314 A- as cited in the IDS) as applied to claim 1 above and further in view of Shin et al. (US 2021/0194044 A1).
Regarding claim 9, Li discloses all the claim limitations of claim 1. Li further discloses wherein the solid electrolyte sheet contains solid electrolyte, however, is explicitly silent with respect to wherein the solid electrolyte contains particles.
Shin discloses a sulfide based solid electrolyte and is analogous with the instant invention as being within the same field of endeavor of solid electrolyte batteries. Shin discloses wherein a sulfide based solid electrolyte has an average particle size of 100 nm to 10 micrometers in order to obtain a battery with very high energy density and excellent long term cycle life characteristics ([0021, 0040]).
Therefore, it would have been obvious in view of a skilled artisan to substitute the solid electrolyte layers 2 and 4 for the solid electrolyte of Shin being made of a sulfide solid electrolyte with an average particles size between 100 nm and 10 micrometers as taught by Shin in order to obtain a battery with very high energy density and excellent long term cycle life characteristics as taught by Shin. The resulting modification would render obvious wherein the solid electrolyte comprises particles. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Regarding claim 10, modified Li discloses all the claim limitations of claim 9. Shin further discloses wherein the solid electrolyte particles have an average particles size of 0.3-5 micrometers (Shin [0040] average particle size of 100 nm to 10 micrometers). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 11, modified Li discloses all the claim limitations of claim 9. Shin further discloses wherein the solid electrolyte sheet contains sulfide based solid electrolyte particles as the solid electrolyte particles (Shin [0040] sulfide based solid electrolyte particles).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Senoue (US 2019/0334178 A1)- discloses an all solid state battery having a separator composed of solid electrolyte particles an a case material 32 having a porous structure.
Miyuki (JP 2014096311 A-as cited in the IDS)-discloses a solid electrolyte sheet having a support body and is analogous with the instant invention as being within the same field of endeavor of solid electrolytes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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