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.
Claim 12 is 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 12 recites: “The all-solid-state secondary battery as claimed in claim 10, wherein the ceramic insulating layer comprises 30 to 95wt% of ceramic particles, 0.1 to 30wt% of a conductive material, and 1 to 40wt% of a binder, based on a total weight of the ceramic insulating layer…” This limitation is considered indefinite because it is unclear if applicant is referring to the same conductive material of claim 10 or if it is a different conductive material.
For purposes of examination, examiner will interpret claim 12 as reciting: “The all-solid-state secondary battery as claimed in claim 10, wherein the ceramic insulating layer comprises 30 to 95wt% of ceramic particles, 0.1 to 30wt% of conductive material, and 1 to 40wt% of a binder, based on a total weight of the ceramic insulating layer…”.
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki, K. (JP7196720B2, relied on machine translation, hereinafter Suzuki).
In regard to Claim 1, Suzuki discloses an all-solid-state secondary battery (#100), comprising:
a plurality of unit cells (#10, #20, #30, #40) each comprising a stack of a negative electrode (#2a, #8a), a solid electrolyte layer (#3a), and a positive electrode (#4a, #6a) (see figure 1 and paragraphs [0014] and [0025]); and
a plurality of ceramic insulating layers (#21, #22, #23, #24, #25), the plurality of ceramic insulating layers being:
between the negative electrodes (#2a, #8a) of adjacent unit cells of the plurality of unit cells (#10, #20, #30, #40) (see figure 1 and paragraphs [0014], [0017], [0024]-[0025] and [0027]), and
on the negative electrodes (#2a, #8a) at outermost sides of the plurality of unit cells (#10, #20, #30, #40) (see figure 1 and paragraphs [0016]-[0017] and [0023]-[0025]).
In regard to Claim 2, Suzuki discloses wherein each unit cell of the plurality of unit cells (#10, #20, #30, #40) comprises:
a positive electrode current collector (#5a) of the positive electrode in a middle, and
a stack of a positive electrode active material layer (#4a) of the positive electrode, the solid electrolyte layer (#3a), a negative electrode active material layer (#2a) of the negative electrode, and a negative electrode current collector (#1a) of the negative electrode sequentially on each of opposite surfaces of the positive electrode current collector (#5a) (see figure 1 and paragraphs [0016] and [0025]).
In regard to Claim 3, Suzuki discloses wherein the plurality of ceramic insulating layers (#21, #22, #23, #24, #25) are on outer surfaces of each negative electrode current collector (#1a, #9a, #1b, #9b) (see figure 1 and paragraphs [0025] and [0030]).
In regard to Claim 4, Suzuki discloses wherein:
a first unit cell (#10) of the adjacent unit cells of the plurality of unit cells comprises:
the positive electrode active material layer (#4a),
the solid electrolyte layer (#3a),
the negative electrode active material layer (#2a), and
the negative electrode current collector (#1a) sequentially stacked on each of opposite surfaces of the positive electrode current collector (#5a),
a second unit cell (#20) of the adjacent unit cells of the plurality of unit cells is adjacent to the first unit cell (#10) comprises:
the positive electrode active material layer (#4b),
the solid electrolyte layer (#3b),
the negative electrode active material layer (#2b), and
the negative electrode current collector (#1b) sequentially stacked on each of opposite surfaces of the positive electrode current collector (#5b), and ceramic insulating layers (#22) of the plurality of ceramic insulating layers are between the first unit cell (#10) and the second unit cell (#20) and are in a single layer between a pair of the negative electrode current collectors (#9a, #1b) (see figure 1 and paragraphs [0025] and [0030]).
In regard to Claim 5, Suzuki discloses wherein the plurality of ceramic insulating layers each comprise alumina or boehmite, and a binder (see paragraphs [0037]-[0039] and [0050]; Suzuki discloses the insulating layers may comprise a mixture of insulating resin and insulating inorganic particles. The insulating resin may be a fluorine-based resin such as polyvinylidene fluoride. The insulating inorganic particles may comprise ceramics such as aluminum oxide or boehmite. Suzuki further discloses on paragraph [0050] that polyvinylidene fluoride is a binder.).
In regard to Claim 6, Suzuki discloses the all-solid-state secondary battery as recited in claim 1. Although Suzuki is silent in regard to wherein the plurality of ceramic insulating layers each comprise 5 to 10wt% of a binder and 90 to 95wt% of ceramic particles, based on a total weight of the ceramic insulating layer, optimizing the amounts of components in the ceramic insulation layer to comprise 5 to 10wt% binder and 90 to 95wt% of ceramic particles, as claimed by the applicant, is within one of ordinary skill in the art through routine experimentation, in order to obtain a desired result, such as for improved insulation efficiency, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
In regard to Claim 7, Suzuki discloses wherein a thickness of each insulating ceramic layer of the plurality of ceramic insulating layers is 5µm to 50µm (see paragraph [0040]; Suzuki discloses wherein the thickness of the insulating layer may be from 1µm to 10µm, which overlaps the claimed range of from 5µm to 50µm, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
In regard to Claim 8, Suzuki discloses wherein each unit cell of the plurality of unit cells comprises: a positive electrode active material layer (#4a), the solid electrolyte layer (#3a), a negative electrode active material layer (#2a) forming the negative electrode, and a negative electrode current collector sequentially stacked on one surface of a positive electrode current collector (#5a) forming the positive electrode (see figure 1 and paragraphs [0025] and [0030]).
In regard to Claim 9, Suzuki discloses wherein:
a first unit cell (#10) of the adjacent unit cells of the plurality of unit cells comprises: the positive electrode active material layer (#6a), the solid electrolyte layer (#7a), the negative electrode active material layer (#8a), and the negative electrode current collector (#9a) sequentially stacked on one surface of the positive electrode current collector (#5a), a second unit cell (#20) of the adjacent unit cells of the plurality of unit cells is adjacent to the first unit cell (#10) comprises: the positive electrode active material layer (#4b), the solid electrolyte layer (#3b), the negative electrode active material layer (#2b), and the negative electrode current collector (#1b) sequentially stacked on one surface of the positive electrode current collector (#5b), and ceramic insulating layers (#22) of the plurality of ceramic insulating layers are between the positive electrode current collector (#5a) of the first unit cell (#10) and the negative electrode current collector (#1b) of the second unit cell (#20) are in a single layer (see figure 1 and paragraphs [0025] and [0030]).
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki in view Ouchi et al. (US Pat. Pub. No. 2012/0171549, hereinafter Ouchi).
In regard to Claim 10, Suzuki discloses an all-solid-state secondary battery, comprising:
a laminate (#10) comprising a stack of a negative electrode (#2a), a solid electrolyte layer (#3a), and a positive electrode (#4a); and a ceramic insulating layer (#21) on a side of the negative electrode (#2a) that is opposite to the solid electrolyte layer (#3a) and at an outermost side of the laminate (#10) (see figure 1 and paragraphs [0014], [0017] and [0023]-[0025]).
Suzuki is silent in regard to wherein the ceramic insulating layer comprises a conductive material.
However, Ouchi teaches an intercellular separation structure body capable of electrically connecting a plurality of unit cells constituting a laminate type solid secondary battery with each other and capable of ion-conductively insulating a positive electrode layer and a negative electrode layer in two adjacent unit cells, as well as a laminate type solid secondary battery provided with the same (see paragraph [0011]). The intercellular separation structure body according to this invention is an intercellular separation structure body, i.e. ceramic insulation layer, disposed between a plurality of unit cells each of which is constituted with a positive electrode layer, a solid electrolyte layer, and a negative electrode layer sequentially stacked in a laminate type solid secondary battery. The intercellular separation structure body, i.e. ceramic insulation layer, includes an insulating section that electroconductively and ion-conductively insulates the plurality of unit cells from each other; and an electroconductive section that is formed within the insulating section and electrically connects the plurality of unit cells with each other (see paragraph [0012]). When the intercellular separation structure body of this invention is disposed between the plurality of unit cells constituting the laminate type solid secondary battery, the plurality of unit cells are stacked via the insulating layer in which the electroconductive section having an electric conduction property is formed in the inside. This allows that the positive electrode layer and the negative electrode layer can be ion-conductively insulated from each other efficiently in two adjacent unit cells with only a small amount of electroconductive material used in the electroconductive section irrespective of the presence or absence of a current-collecting layer. Also, the two unit cells adjacent to the insulating layer can be electrically connected. Therefore, the unit cells constituting a laminate type solid secondary battery can be electrically connected while reducing the number of external current-collecting members such as leading tabs as much as possible, and also the positive electrode layer and the negative electrode layer can be ion-conductively insulated from each other efficiently irrespective of the presence or absence of a current-collecting layer, so that an intercellular separation structure body being excellent in space utilization ratio and cost performance can be imparted to the laminate type solid secondary battery (see paragraph [0013]). This is considered equivalent to wherein the ceramic insulating layer comprises a conductive material, as claimed by the applicant.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the all-solid-state secondary battery as disclosed by Suzuki by substituting a known ceramic insulation layer for another known ceramic insulation layer comprising a conductive material, as claimed by the applicant, with a reasonable expectation of success, as Ouchi teaches an intercellular separation structure body capable of electrically connecting a plurality of unit cells constituting a laminate type solid secondary battery with each other and capable of ion-conductively insulating a positive electrode layer and a negative electrode layer in two adjacent unit cells, as well as a laminate type solid secondary battery provided with the same, wherein the intercellular separation structure body is an intercellular separation structure body, i.e. ceramic insulation layer, disposed between a plurality of unit cells each of which is constituted with a positive electrode layer, a solid electrolyte layer, and a negative electrode layer sequentially stacked in a laminate type solid secondary battery, whereby the intercellular separation structure body, i.e. ceramic insulation layer, includes an insulating section that electroconductively and ion-conductively insulates the plurality of unit cells from each other, and an electroconductive section that is formed within the insulating section and electrically connects the plurality of unit cells with each other, thereby allowing the unit cells to be electrically connected while reducing the number of external current-collecting members such as leading tabs as much as possible, and also the positive electrode layer and the negative electrode layer can be ion-conductively insulated from each other efficiently irrespective of the presence or absence of a current-collecting layer, so that an intercellular separation structure body being excellent in space utilization ratio and cost performance can be imparted to the laminate type solid secondary battery (see paragraphs [0012]-[0013]).
In regard to Claim 11, Suzuki discloses wherein the laminate (#10) comprises:
a positive electrode current collector (#5a) of the positive electrode in a middle, and
a stack of a positive electrode active material layer (#4a) of the positive electrode, the solid electrolyte layer (#3a), a negative electrode active material layer (#2a) of the negative electrode, and a negative electrode current collector (#1a) of the negative electrode sequentially on each of opposite surfaces of the positive electrode current collector (#5a) (see figure 1 and paragraphs [0016] and [0025]).
In regard to Claim 12, Suzuki, in view of Ouchi, discloses the all-solid-state battery as claimed in clam 10. Although Suzuki, as modified above, is silent in regard to wherein the ceramic insulating layer comprises 30 to 95wt% of ceramic material, 0.1 to 30wt% of conductive material, and 1 to 40wt% of a binder, based on a total weight of the ceramic insulating layer, optimizing the amounts of components in the ceramic insulation layer to comprise 30 to 95wt% of ceramic particles, 0.1 to 30wt% of conductive material, and 1 to 40wt% binder and, as claimed by the applicant, is within one of ordinary skill in the art through routine experimentation, in order to obtain a desired result, such as for improved insulation efficiency, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
In regard to Claim 13, Suzuki, in view of Ouchi, discloses the all-solid-state battery as claimed in clam 10. Although Suzuki, as modified above, is silent in regard to wherein the ceramic insulating layer comprises 80 to 90wt% of ceramic material, 5 to 10wt% of conductive material, and 5 to 10wt% of a binder, based on a total weight of the ceramic insulating layer, optimizing the amounts of components in the ceramic insulation layer to comprise 80 to 90wt% of ceramic particles, 5 to 10wt% of conductive material, and 5 to 10wt% binder and, as claimed by the applicant, is within one of ordinary skill in the art through routine experimentation, in order to obtain a desired result, such as for improved insulation efficiency, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
Claims 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki, in view of Ouchi, and further in view of Matsuchita, Y. (US Pat. Pub. No. 2019/0245210, hereinafter Matsuchita).
In regard to Claim 14, Suzuki, in view of Ouchi, discloses the all-solid-state secondary battery as claimed in claim 10, but fails to disclose wherein: a temperature measurement portion of the laminate during a penetration test of a penetration pin comprises: a central portion where the penetration pin is inserted, and a peripheral portion at least 30 mm away from the penetration pin, and a temperature difference ratio between the central portion and the peripheral portion is 9 to 39% if heat dissipation characteristics are compared based on a temperature difference ratio between the central portion and the peripheral portion.
However, Matsuchita teaches an electrode current collector to be used in an all solid state battery. Matsuchita teaches that a nail penetration test has been known as a method of evaluating the safety of all solid state batteries. The nail penetration test is a test in which a conductive nail is penetrated through an all solid state battery to observe changes (such as a change in temperature) when an internal short circuit occurs inside the battery. When a cathode current collector contacts with an anode current collector in the nail penetration test, Joule heat is generated since short circuit part resistance (short circuit resistance) is small, and there is a risk that the battery temperature may rise. Then, the inventor of the present disclosure has tried to form an aluminum oxide layer on at least one surface of the cathode current collector and the anode current collector. Further, he has tried to form a coating layer containing a conductive material, a resin, and an inorganic filler, on the surface of the aluminum oxide layer. When the inventor conducted a nail penetration test to an all solid state battery with the aluminum oxide layer and the coating layer, it was confirmed that the short circuit resistance increased (see paragraphs [0007]-[0008]). The main object of the invention is to provide an electrode current collector in which the peel-off of the coating layer and the aluminum oxide layer is inhibited (see paragraph [0009]). The electrode current collector of the current invention comprises a current collecting layer, an aluminum oxide layer and a coating layer containing a conductive material, a resin and an inorganic filler, in this order. The current collecting layer has a porous structure on a surface of the aluminum oxide layer (see paragraph [0012]).
Matsuchita further teaches an all solid state battery comprising a cathode current collector, a cathode active material layer, a solid electrolyte layer, an anode active material layer, and an anode current collector in this order, wherein at least one of the cathode current collector and the anode current collector is the above described electrode current collector, and thus the coating layer and the aluminum oxide layer are not easily peeled off in the all solid state battery (see paragraphs [0017]-[0018]). A nail penetration test was conducted for the evaluation of the battery and a nail was penetrated in a central portion of the battery (see paragraphs [0137]-[0142]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the all-solid-state secondary battery as disclosed by Suzuki, in view of Ouchi, by further having a temperature measurement portion of the laminate during a penetration test of a penetration pin comprising a central portion where the penetration pin is inserted, as claimed by the applicant, with a reasonable expectation of success, as Matsuchita teaches an electrode current collector to be used in an all solid state battery comprising an aluminum oxide layer formed on at least one surface of the cathode current collector and the anode current collector, in which peel-off of a coating layer and the aluminum oxide layer is inhibited, wherein an all solid state battery comprising a cathode current collector, a cathode active material layer, a solid electrolyte layer, an anode active material layer, and an anode current collector in this order, wherein at least one of the cathode current collector and the anode current collector is the above described electrode current collector, and thus the coating layer and the aluminum oxide layer are not easily peeled off in the all solid state battery, whereby when the inventor conducted a nail penetration test to an all solid state battery with the aluminum oxide layer and the coating layer, it was confirmed that the short circuit resistance increased, and a nail penetration test was conducted for the evaluation of the battery whereby a nail was penetrated in a central portion of the battery, to observe changes (such as a change in temperature) when an internal short circuit occurs inside the battery, and when a cathode current collector contacts with an anode current collector in the nail penetration test, Joule heat is generated since short circuit part resistance (short circuit resistance) is small, and there is a risk that the battery temperature may rise. (see paragraphs [0017]-[0018] and [0137]-[0142]).
Examiner notes that although Suzuki, as modified above, is silent in regard to a peripheral portion at least 30 mm away from the penetration pin, and a temperature difference ratio between the central portion and the peripheral portion is 9 to 39% if heat dissipation characteristics are compared based on a temperature difference ratio between the central portion and the peripheral portion, Suzuki, as modified above, contains substantially similar all-solid-state secondary battery and substantially similar penetration test carried out, as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Suzuki’s penetration test may be reasonably carried out in the same manner as claimed by the applicant, as it has been held that when the structure recited in the reference is substantially identical to the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
In regard to Claim 15, Suzuki, in view of Ouchi and Matsuchita, discloses the all-solid-state secondary battery as claimed in claim 14. Although Suzuki, as modified above, does not explicitly disclose wherein the temperature different ratio between the central portion and the peripheral portion is 9 to 12%, Suzuki, as modified above, contains substantially similar all-solid-state secondary battery and substantially similar penetration test carried out, as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Suzuki’s all-solid-state secondary battery will function in the same manner as claimed, as it has been held that when the structure recited in the reference is substantially identical to the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
In regard to Claim 16, Suzuki, in view of Ouchi and Matsuchita, discloses the all-solid-state secondary battery as claimed in claim 14. Although Suzuki, as modified above, does not explicitly disclose wherein a maximum temperature ratio at the central portion is 15 to 35% compared with an all-solid-state secondary battery that does not include the ceramic insulating layer, Suzuki, as modified above, contains substantially similar all-solid-state secondary battery and substantially similar penetration test carried out, as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Suzuki’s all-solid-state secondary battery will function in the same manner as claimed, as it has been held that when the structure recited in the reference is substantially identical to the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
In regard to Claim 17, Suzuki, in view of Ouchi and Matsuchita, discloses the all-solid-state secondary battery as claimed in claim 14. Although Suzuki, as modified above, does not explicitly disclose wherein a maximum temperature ratio at the central portion is 15 to 15% compared with an all-solid-state secondary battery that does not include the ceramic insulating layer, Suzuki, as modified above, contains substantially similar all-solid-state secondary battery and substantially similar penetration test carried out, as claimed by the applicant. Therefore, it is reasonably expected, absent evidence to the contrary, that Suzuki’s all-solid-state secondary battery will function in the same manner as claimed, as it has been held that when the structure recited in the reference is substantially identical to the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774
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