DETAILED ACTION
This action is in response to the amendment filed on 6/24/2026.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 5 and 10-12 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 5 recites the limitation “the film forming” in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
Claims 1, 2, 4, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi et al. (WO 2013/141241 and see also the machine translation) in view of Shiotani ‘871 (U.S. Patent Application Publication 2023/0011871) or Choi et al. (U.S. Patent Application Publication 2020/0373624) or Shiotani ‘919 et al. (U.S. Patent Application Publication 2023/0011919) and further Shimmura et al. (WO 2018/025595 and see also the machine translation).
Regarding claims 1, 4, and 7-9, Hayashi discloses a manufacturing method of a solid-state battery that includes a cathode layer (positive electrode 5), an anode layer (negative electrode 2), and a solid electrolyte layer (solid electrolyte layer 4) disposed between the cathode layer and the anode layer, the solid-state battery being configured to supply power based on a deposition-dissolution reaction of metallic lithium, the manufacturing method comprising: forming a protective layer (metal layer 3) having Li-ionic conductivity on a film forming surface of the solid electrolyte layer, the protective layer being formed by sputtering over the film forming surface (and regarding claim 4 wherein the protective layer includes an element selected from In and Sn and regarding claim 8 wherein the protective layer consists of Sn and regarding claims 7 and 9 wherein a thickness of the protective layer is 0.1 µm it being noted 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); and laminating the anode layer, the protective layer, the solid electrolyte layer, and the cathode layer in the recited order to form a laminate of the anode layer, the protective layer, the solid electrolyte layer, and the cathode layer; and pressing the laminate (Figure 3 and Pages 2, 4, and 5 of the machine translation).
As to the limitations in claim 1 of “wherein a mask of a predetermined size is applied to the film forming surface during sputtering so that an area of the protective layer formed on the film forming surface is smaller than an area of the solid electrolyte layer in a plan view of the laminate from a side of the anode layer” and claim 2, Hayashi teaches the protective layer is formed on the film forming surface to then cover a part of or the entire surface of the anode layer to extend the cycle life of the battery including as compared to wherein the protective layer is not formed between the solid electrolyte layer and the anode layer (Page 4 of the machine translation and see the examples). Hayashi does not expressly set forth the area of the solid electrolyte layer and the anode layer. It is well understood by one of ordinary skill in the art the area of the solid electrolyte layer (see 3 of Shiotani ‘871 and Shiotani ‘919 in Figures 1 and 2A) is larger than the area of the anode layer (2 of Shiotani ‘871 and Shiotani ‘919) (so that the solid electrolyte layer extends outward from all outer edges of the anode layer in a plan view of the laminate from the side of the anode layer see Figure 2A of Shiotani ‘871 and Shiotani ‘919 and in Choi the central portion of the solid electrolyte layer having an area larger than the corresponding anode layer at edges) to prevent short circuits as evidenced by Shiotani ‘871 (Figures 1 and 2A and Paragraphs 0022-0024) or Choi (Paragraphs 0012-0015 and 0038) or Shiotani ‘919 (Figures 1 and 2A and Paragraphs 0025-0027). It is further well understood by one of ordinary skill in the art a predetermined size of the sputtered protective (intermediate) layer is set on the solid electrolyte layer using a mask (such as a square opening mask) so that the size of the protective layer corresponds with the size of the anode layer as evidenced by Shimmura (Page 16 of the machine translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the area of the solid electrolyte layer as taught by Hayashi is larger than the area of the anode layer to prevent short circuits as is well understood by one of ordinary skill in the art as evidenced by Shiotani ‘871 or Choi or Shiotani ‘919 wherein a mask of a predetermined size is applied to the film forming surface during sputtering as is well understood by one of ordinary skill in the art as evidenced by Shimmura to set the size of the sputtered protective layer to correspond with the size of the anode layer so that an area of the protective layer (covering a part of or the entire surface of the anode layer as taught by Hayashi) formed on the film forming surface is smaller than an area of the solid electrolyte layer in a plan view (and regarding claim 2 including wherein, in the forming of the protective layer, the solid electrolyte layer extends outward from all outer edges of the protective layer in a plan view of the laminate from the side of the anode layer) of the laminate from a side of the anode layer to cover the surface of the anode layer to extend the cycle life of the battery as taught by Hayashi and also preventing short circuits as is well understood by one of ordinary skill in the art as evidenced by Shiotani ‘871 or Choi or Shiotani ‘919.
Claim 5, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi in view of Shiotani ‘871.
Regarding claims 5, 11, and 12, Hayashi discloses a manufacturing method of a solid-state battery that includes a cathode layer (positive electrode 5), an anode layer (negative electrode 2), and a solid electrolyte layer (solid electrolyte layer 4) disposed between the cathode layer and the anode layer, the solid-state battery being configured to supply power based on a deposition-dissolution reaction of metallic lithium, the manufacturing method comprising: forming a protective layer (metal layer 3) having Li-ionic conductivity on a film forming surface of the solid electrolyte layer, the protective layer being formed by sputtering over the film forming surface (and regarding claim 11 wherein the protective layer includes an element selected from In and Sn and regarding claim 12 wherein the protective layer consists of an Sn element); and laminating the anode layer, the protective layer, the solid electrolyte layer, and the cathode layer in the recited order to form a laminate of the anode layer, the protective layer, the solid electrolyte layer, and the cathode layer; and pressing the laminate (Figure 3 and Pages 2, 4, and 5 of the machine translation).
As to the limitations in claim 5 of “wherein: the solid electrolyte layer includes a first solid electrolyte layer and a second solid electrolyte layer; and in the film forming: one surface of the first solid electrolyte layer is taken as the film forming surface and the protective layer is formed on the film forming surface, the second solid electrolyte layer is laminated on a surface on an opposite side of the first solid electrolyte layer from the film forming surface after the protective layer is formed on the film forming surface; and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the second solid electrolyte layer is laminated”, Hayashi teaches in a film forming: one surface of a first solid electrolyte layer is taken as the film forming surface and the protective layer is formed on the film forming surface to thereafter cover a part of or the entire surface of the anode layer to extend the cycle life of the battery including as compared to wherein the protective layer is not formed between the solid electrolyte layer and the anode layer. Hayashi does not expressly set forth the area of the solid electrolyte layer and the anode layer. It is well understood by one of ordinary skill in the art the area of the solid electrolyte layer (3 of Shiotani ‘871 see Figure 3) is larger than the area of the anode layer (2 of Shiotani ‘871) by the solid electrolyte layer includes a first solid electrolyte layer (3c) and a second solid electrolyte layer (3b) having an area larger than the first solid electrolyte layer wherein the first solid electrolyte layer has the same area as the anode layer and the second solid electrolyte layer is laminated on a surface on an opposite side of the first solid electrolyte layer from the surface facing the anode layer after the anode layer is bound on the surface of the first solid electrolyte layer, and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the second solid electrolyte layer is laminated (in a final roll-pressing treatment to manufacture the battery comprising the cathode layer, anode layer, and solid polymer electrolyte disposed between the cathode layer and the anode layer) to prevent short circuits as evidenced by Shiotani ‘871 (Figure 3 and Paragraphs 0023, 0024, 0029, and 0099). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the solid electrolyte layer as taught by Hayashi includes a first solid electrolyte layer having an area the same as the area of the anode layer and a second solid electrolyte layer having an area larger than the first solid electrolyte layer, and in a/the film forming: one surface of the first solid electrolyte layer is taken as the film forming surface and the protective layer is formed on the film forming surface (as taught by Hayashi), the second solid electrolyte layer is laminated on a surface on an opposite side of the first solid electrolyte layer from the film forming surface after the protective layer and anode layer is formed on the film forming surface; and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the second solid electrolyte layer is laminated (in a final pressing treatment) to prevent short circuits as is well understood by one of ordinary skill in the art as evidenced by Shiotani ‘871.
Claims 5, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi in view of Ku et al. (U.S. Patent Application Publication 2020/0144575) or Ogawa et al. (U.S. Patent Application Publication 2013/0065134).
Regarding claims 5, 11, and 12, Hayashi is described above in full detail.
As to the limitations in claim 5 of “wherein: the solid electrolyte layer includes a first solid electrolyte layer and a second solid electrolyte layer; and in the film forming: one surface of the first solid electrolyte layer is taken as the film forming surface and the protective layer is formed on the film forming surface, the second solid electrolyte layer is laminated on a surface on an opposite side of the first solid electrolyte layer from the film forming surface after the protective layer is formed on the film forming surface; and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the second solid electrolyte layer is laminated”, Hayashi teaches in a/the film forming: one surface of a first solid electrolyte layer is taken as the film forming surface and the protective layer is formed on the film forming surface to thereafter cover a part of or the entire surface of the anode layer to extend the cycle life of the battery including as compared to wherein the protective layer is not formed between the solid electrolyte layer and the anode layer. Hayashi does not expressly teach the solid electrolyte layer includes a first solid electrolyte layer and a second solid electrolyte layer. It is well understood by one of ordinary skill in the art the solid electrolyte layer includes a first solid electrolyte layer (4) and a second solid electrolyte layer (3) of a bonding layer for bonding with the cathode layer (1, 2), the second solid electrolyte layer is laminated on a surface on an opposite side of the first solid electrolyte layer from the surface facing the anode layer (5, 6) after the anode layer is bound on the surface of the first solid electrolyte layer, and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the second solid electrolyte layer is laminated (by after disposing applying pressing) to improve battery performance as evidenced Ku (Figures 1A and 3 and Paragraphs 0033-0034 and 0103). Alternatively, it is well understood by one of ordinary skill in the art the solid electrolyte layer includes a first solid electrolyte layer (23, 24) and a second solid electrolyte layer (13, 14), the second solid electrolyte layer is laminated on a surface on an opposite side of the first solid electrolyte layer from the surface facing the anode layer (22) after the anode layer is bound on the surface of the first solid electrolyte layer, and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the second solid electrolyte layer is laminated (by heating and pressing after laminating) to prevent pinholes as evidenced Ogawa (Figures 1A and 1B and Paragraphs 0059-0062). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the solid electrolyte layer as taught by Hayashi includes a first solid electrolyte layer and a second solid electrolyte layer; and in a/the film forming: one surface of the first solid electrolyte layer is taken as the film forming surface and the protective layer is formed on the film forming surface (as taught by Hayashi), the second solid electrolyte layer is laminated on a surface on an opposite side of the first solid electrolyte layer from the film forming surface after the protective layer and anode layer is formed on the film forming surface; and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the second solid electrolyte layer is laminated to provide a bonding layer with the cathode layer and including improve battery performance as is well understood by one of ordinary skill in the art as evidenced by Ku or to prevent pinholes as evidenced by Ogawa.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashi and Choi or Shiotani ‘919 and further Shimmura as applied to claims 1, 2, 4, and 7-9 above, and further in view of Ono et al. (U.S. Patent Application Publication 2020/0212496). Additionally, claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashi and Ku or Ogawa as applied to claims 5, 11, and 12 above, and further in view of Ono.
Hayashi is described above in full detail.
Regarding claims 6 and 10, Hayashi does not expressly teach an area of the cathode layer is smaller than an area of the protective layer in a case where the solid-state battery is viewed from a side of the cathode layer in plan view. It is well understood by one of ordinary skill in the art an area of the cathode layer is smaller than an area of the anode layer in a case where the solid-state battery is viewed from a side of the cathode layer in plan view to suppress the formation of dendrites of metal ions serving as a charge carrier as evidenced by Ono (Paragraph 0034). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention an area of the cathode layer taught by Hayashi as modified by Choi or Shiotani ‘919 and further Shimmura and Hayashi as modified by Ku or Ogawa is smaller than an area of the anode layer and the protective layer (covering a part of or the entire surface of the anode layer as taught by Hayashi) in a case where the solid-state battery is viewed from a side of the cathode layer in plan view to suppress the formation of dendrites of metal ions serving as a charge carrier as evidenced by Ono.
Claims 5, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Shiotani ‘871 in view of Hayashi.
Regarding claim 5, Shiotani ‘871 discloses a manufacturing method of a solid-state battery that includes a cathode layer (1), an anode layer (2), and a solid electrolyte layer (3) disposed between the cathode layer and the anode layer, the solid-state battery configured to supply power based on a deposition-dissolution reaction of metallic lithium, the manufacturing method comprising: laminating the anode layer, the solid electrolyte layer, and the cathode layer, in the recited order to form a laminate of the anode layer, the solid electrolyte layer, and the cathode layer; pressing the laminate, wherein the solid electrolyte layer includes a first solid electrolyte layer (3c) and a second solid electrolyte layer (3b); and the second solid electrolyte layer is laminated on a surface on an opposite side of the first electrolyte layer from the surface of the first solid electrolyte layer facing the anode layer after the anode layer is bound on the surface of the first solid electrolyte layer; and the first solid electrolyte layer and the second solid electrolyte layer are bound to each other after the solid electrolyte layer is laminated (Figures 1 and 3 and Paragraphs 0022-0029 and 0095-0097).
As to the limitations in claim 5 of “forming a protective layer having Li-ionic conductivity on a film forming surface of the solid electrolyte layer, the protective layer being formed by sputtering over the film forming surface” and claims 11 and 12, Shiotani ‘871 does not expressly teach a protective layer. It is well understood by one of ordinary skill in the art the solid-state battery forms a protective layer and extends the cycle life of the battery by including forming a protective layer having Li-ionic conductivity on a film forming surface of the solid electrolyte layer (the protective layer being formed by sputtering over the film forming surface and regarding claim 11 wherein the protective layer includes an element selected from In and Sn and regarding claim 12 wherein the protective layer consists of an Sn element) to face the anode layer and cover a part of or the entire surface of the anode layer as taught by Hayashi (described above in full detail). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the method taught by Shiotani ‘871 forms a protective layer and extends the cycle life of the battery by including forming a protective layer having Li-ionic conductivity on a film forming surface of the solid electrolyte layer (3c of Figure 3 and the protective layer being formed by sputtering over the film forming surface and regarding claim 11 wherein the protective layer includes an element selected from In and Sn and regarding claim 12 wherein the protective layer consists of an Sn element) to face and cover the anode layer prior to being bound thereto as taught by Hayashi.
Response to Arguments
Applicant's arguments filed 6/24/2026 have been fully considered.
The rejections as set forth above fully address the amended and new claims filed on 6/24/2026.
Applicants argue, “The film forming as recited in amended claim 1 suppresses short circuiting of the solid-state battery caused the step of forming the protective layer by the sputtering (see the specification as originally filed at paragraphs [0015] and [0045], for example).”.
This argument is not persuasive wherein it is well understood by one of ordinary skill in the art the area of the solid electrolyte layer as taught by Hayashi is larger than the area of the anode layer to prevent short circuits as evidenced by Shiotani ‘871 or Choi or Shiotani ‘919 (including wherein sputtering over the film forming surface of the solid electrolyte layer to form the protective layer of a predetermined size to cover a part of or the entire surface of the anode layer as taught by Hayashi further well understood by one of ordinary skill in the art to set the size corresponding to the anode layer using a mask as evidenced by Shimmura). The fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
It is further noted Hayashi as modified by Shiotani ‘871 and Shiotani ‘871 as modified by Hayashi teach all of the limitations of amended claim 5 as set forth above.
Applicants further argue, “Ku describes “[t]he all-solid secondary battery also includes a first bonding layer 3 disposed between the cathode active material layer 2 and the solid electrolyte layer 4, and the first bonding layer 3 includes a second solid electrolyte having a Young’s modulus which is less than the Young’s modulus of the solid electrolyte of the solid electrolyte layer 4” (see, for example, paragraph [0033], and FIGS. 1A and 3). In other words, the first bonding layer 3 taught by Ku bonds the cathode active material layer 2 with the solid electrolyte layer 4, and does not bond the first solid electrolyte layer with the second solid electrolyte layer.”.
This argument is not persuasive wherein the first solid electrolyte layer (4) taught by Ku is bound to the second solid electrolyte layer (3 wherein as noted by applicants the first bonding layer 3 includes a second solid electrolyte) see Figure 3 and Paragraphs 0033-0034.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JOHN L GOFF II/Primary Examiner, Art Unit 1746
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