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 § 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.
Claims 1-15 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 recites the limitation "the at least one positive electrode sheet and the at least one negative electrode sheet". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the positive electrode material". There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the positive material layer". There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the positive material layer". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the negative electrode material". There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the negative material layer". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the second part…is folded one the side surface of the lithium-ion battery". This limitation renders the claim indefinite because the structure being claim is unclear.
Further, dependent claims 2-12 are rendered indefinite due to their dependency on any of the indefinite claims as set forth above.
Claim 13 recites the limitation "the positive electrode sheet and the negative electrode sheet". There is insufficient antecedent basis for this limitation in the claim. It is unclear which of the ‘plurality of positive electrode sheets’ and which of the ‘plurality of negative electrode sheets’ said limitation refers to.
Claim 14 recites the limitation "the positive electrode sheet or the negative electrode sheet". There is insufficient antecedent basis for this limitation in the claim. It is unclear which of the ‘plurality of positive electrode sheets’ and which of the ‘plurality of negative electrode sheets’ said limitation refers to.
Further, dependent claims 13-15 are rendered indefinite due to their dependency on any of the indefinite claims as set forth above.
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.
Claim(s) 1-3, 5-8, 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohta et al. (US 2020/0328449A1).
Regarding claim 1, Ohta discloses a lithium-ion battery (lithium battery, see Title, Abstract, [0037], Fig. 1-6), comprising:
a positive electrode sheet (positive electrode layer 10 [0038]);
a negative electrode sheet stacked with and spaced away from the positive electrode sheet (negative electrode layer 20 [0038];
a composite solid electrolyte membrane located between the positive electrode sheet and the negative electrode sheet (first and second solid electrolyte layer 40 [0066]), wherein the composite solid electrolyte membrane is a continuous membrane structure and comprises a first part of composite solid electrolyte membrane and a second part of composite solid electrolyte membrane, the first part of composite solid electrolyte membrane is stacked and parallel with the at least one positive electrode sheet and the at least one negative electrode sheet, the second part of composite solid electrolyte membrane is located on a side surface of the lithium-ion battery (Fig. 1 shows first and second solid electrolyte layer 30,40 being a continuous structure including a ‘first part’ stacked and parallel with either positive electrode layer 10 and/or negative electrode layer 20 and a ‘second part’ formed by the folded/wound edge portions located on a side surface of the laminate 1).
Regarding claim 2, Ohta discloses all of the claim limitations as set forth above. Ohta further discloses the positive electrode sheet comprises a positive electrode current collector and a positive electrode material layer disposed on the positive electrode current collector (positive electrode layer 10 having a positive electrode active material layer 12 formed on an elongated positive electrode current collector 11 [0038]), and the first part of composite solid electrolyte membrane is located on the positive electrode material (Fig. 1 shows ‘first part’ of solid electrolyte layers 30,30 located on the positive electrode layer 10).
Regarding claim 3, Ohta discloses all of the claim limitations as set forth above. Ohta further discloses a transition layer located between the first part of composite solid electrolyte membrane and the positive material layer (first and second solid electrolyte layer 30,40 may contain a pressure-sensitive adhesive [0072]).
Regarding claim 5, Ohta discloses all of the claim limitations as set forth above. Ohta further discloses the negative electrode sheet comprises a negative electrode current collector and a negative electrode material layer located on the negative electrode current collector (negative electrode layer 20 having a negative electrode active material layer 22 formed on an elongated negative electrode current collector 21 [0038]), and the first part of composite solid electrolyte membrane is located on the negative electrode material (Fig. 1 shows ‘first part’ of solid electrolyte layers 30,30 located on the negative electrode layer 20).
Regarding claim 6, Ohta discloses all of the claim limitations as set forth above. Ohta further discloses a transition layer located between the first part of composite solid electrolyte membrane and the negative material layer, the transition layer is a staggered interval structure formed by contact portions fitted into each other between the first part of composite solid electrolyte membrane and the negative material layer (first and second solid electrolyte layer 30,40 may contain a pressure-sensitive adhesive [0072]; laminate 2 formed by pressing [0084]-[0086] to ensure contact at the interface between pressure-sensitive adhesive and negative material layer).
Regarding claim 7, Ohta discloses all of the claim limitations as set forth above. Ohta further discloses the composite solid electrolyte membrane comprises a polymer material and an inorganic solid electrolyte (solid electrolyte sheet comprises a solid electrolyte sheet including an elongated porous substrate and a solid electrolyte held by the porous substrate, the porous substrate including resin material and inorganic solid electrolytes including sulfide solid electrolyte material, an oxide solid electrolyte material, or a lithium-containing salt [0067]-[0069]).
Regarding claim 8, Ohta discloses all of the claim limitations as set forth above. Ohta further discloses the polymer material is at least one of polyvinylidene fluoride, polymethyl methacrylate and polyethylene oxide (polyvinylidene fluoride [0068]).
Regarding claim 10, Ohta discloses all of the claim limitations as set forth above. Ohta further discloses the second part of composite solid electrolyte membrane protrudes from the positive electrode sheet or the negative electrode sheet and is folded one the side surface of the lithium-ion battery (Fig. 1 shows ‘second part’ of solid electrolyte layer 30,40 protruding from either electrode layer and folded).
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.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 2020/0328449A1), as applied to claims 1-3, 5-8, 10 above, in view of Kawabe et al. (US 2012/0219835A1).
Regarding claim 4, Ohta discloses all of the claim limitations as set forth above. Although Ohta further discloses the transition layer is a staggered interval structure formed by contact portions fitted into each other between the first part of composite solid electrolyte membrane and the positive material layer (first and second solid electrolyte layer 30,40 may contain a pressure-sensitive adhesive [0072]; laminate 2 formed by pressing [0084]-[0086] to ensure contact at the interface between pressure-sensitive adhesive and negative material layer), the reference does not disclose a thickness of the transition layer ranges from 0.1 microns to 5.0 microns.
Because Kawabe discloses a pressure-sensitive adhesive tape for battery having a total thickness of 2 to 20 µm, wherein when the thickness is less, the adhesive strength may decrease and there is a tendency that the pressure-sensitive adhesive tape is peeled in the electrolytic solution and the electrolytic solution is deteriorated, and when the thickness of the pressure-sensitive adhesive layer is more than the above range, a volume occupied in the battery may become exceedingly large, such that it tends to be difficult to implement a high capacity of the battery (see Title, Abstract, [0058]), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize the pressure sensitive adhesive in order to arrive at a desired balance between adhesive strength/peeling and battery capacity (MPEP 2144.05)
Claim(s) 9, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 2020/0328449A1), as applied to claims 1-3, 5-8, 10 above, in view of Ryu et al. (US 2022/0231326A1).
Regarding claim 9, Ohta discloses all of the claim limitations as set forth above. Although Ohta further discloses an oxide solid electrolyte material ([0069]), the reference does not disclose the inorganic solid electrolyte at least one of lithium lanthanum zirconium oxide, lithium aluminum titanium phosphate, and lithium lanthanum titanium oxide.
Ryu discloses an all-solid state battery comprising an oxide-based solid electrolyte including LLZ, Lixd(Al, Ga)yd(Ti, Ge)zdSiadPmdOnd, and LLT, wherein the oxide-based solid electrolyte has ion conductivity and electrical insulation (see Title, Abstract, [0081]-[0082]).
Ohta and Ryu are analogous art because they are concerned with the same field of endeavor, namely oxide based solid electrolytes for solid state batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select an oxide-based solid electrolyte in Ohta among LLZ, Lixd(Al, Ga)yd(Ti, Ge)zdSiadPmdOnd, and LLT because Ryu teaches a suitable oxide-based solid electrolyte material having desired ion conductivity and electrical insulation properties.
Regarding claim 13, Ohta discloses a lithium-ion battery (lithium battery, see Title, Abstract, [0037], Fig. 1-6), comprising:
a positive electrode sheet (positive electrode layer 10 [0038]);
a negative electrode sheet stacked with the plurality of positive electrode sheets at intervals (negative electrode layer 20 [0038];
at least one composite solid electrolyte membrane located between one positive electrode sheet and one negative electrode sheet (first and second solid electrolyte layer 40 [0066]),
wherein the composite solid electrolyte membrane is a continuous membrane structure and comprises a first part of composite solid electrolyte membrane and a second part of composite solid electrolyte membrane, the first part of composite solid electrolyte membrane is stacked and parallel with the positive electrode sheet and the negative electrode sheet, the second part of composite solid electrolyte membrane is located on a side surface of the lithium-ion battery (Fig. 1 shows first and second solid electrolyte layer 30,40 being a continuous structure including a ‘first part’ stacked and parallel with either positive electrode layer 10 and/or negative electrode layer 20 and a ‘second part’ formed by the folded/wound edge portions located on a side surface of the laminate 1).
Although Ohta discloses an example of a configuration of a battery electrode group being a wound type battery ([0037]), the reference does not explicitly disclose a plurality of positive electrode sheets and a plurality of negative electrode sheets.
Ryu discloses all-solid-state batteries having a stacked type electrode assembly, a stacked/folded type electrode assembly, and a laminated/stacked electrode assembly, or a jelly-roll type electrode assembly structure in which a long sheet-type electrode is wound (see Title, Abstract, [0042]).
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Regarding claim 14, modified Ohta discloses all of the claim limitations as set forth above. Ohta further discloses an area of the at least one composite solid electrolyte membrane is larger than an area of the positive electrode sheet or the negative electrode sheet (Fig. 1 shows solid electrolyte layer 30,40 being long than the positive electrode layer 10 or negative electrode layer 20 and, thus, having a larger area).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 2020/0328449A1), as applied to claims 1-3, 5-8, 10 above, in view of Honda et al. (WO2023/058295A1, refer to English equivalent US 2024/0222647A1).
Regarding claim 11, Ohta discloses all of the claim limitations as set forth above. However, Ohta does not further disclose a sealing structure, wherein the sealing structure comprises at least one adhesive tape, and the lithium-ion battery defines an upper platform and a lower platform opposite to the upper platform, the at least one adhesive tape extends from the lower platform of the lithium-ion battery to the upper platform.
Honda discloses an all-solid-state battery comprising continuous region insulating members 43 covering side surfaces 11,12 of power generating layers 100, wherein the side surface of the power-generating layers are protected by suppressing collapse of material and short circuit on the side surfaces (see Title, Abstract, [0145], [0261]-[0264], Fig. 14-18, 22).
Ohta and Honda are analogous art because they are concerned with the same field of endeavor, namely all-solid-state batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ohta to incorporate continuous insulation members covering side surfaces of the battery electrode group because Honda teaches improved safety of the battery.
Regarding claim 12, modified Ohta discloses all of the claim limitations as set forth above. Honda further discloses the sealing structure includes a plurality of adhesive tapes located around the lithium-ion battery, and each of the plurality of adhesive tapes extends from the lower platform of the lithium-ion battery to the upper platform (continuous region insulating members 43 covering side surfaces 11,12 of power generating layers 100, see Title, Abstract, [0145], [0261]-[0264], Fig. 14-18, 22).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 2020/0328449A1) in view of Ryu et al. (US 2022/0231326A1), as applied to claims 9, 13-14 above, and further in view of Honda et al. (WO2023/058295A1, refer to English equivalent US 2024/0222647A1).
Regarding claim 15, Ohta discloses all of the claim limitations as set forth above. However, Ohta does not further a sealing structure, wherein the sealing structure comprises at least one adhesive tape, and the lithium-ion battery defines an upper platform and a lower platform opposite to the upper platform, the at least one adhesive tape extends from the lower platform of the lithium-ion battery to the upper platform.
Honda discloses an all-solid-state battery comprising continuous region insulating members 43 covering side surfaces 11,12 of power generating layers 100, wherein the side surface of the power-generating layers are protected by suppressing collapse of material and short circuit on the side surfaces (see Title, Abstract, [0145], [0261]-[0264], Fig. 14-18, 22).
Ohta and Honda are analogous art because they are concerned with the same field of endeavor, namely all-solid-state batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ohta to incorporate continuous insulation members covering side surfaces of the battery electrode group because Honda teaches improved safety of the battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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/James Lee/Primary Examiner, Art Unit 1725 8/28/2026
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