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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/337,492
`
`06/03/2021
`
`KAZUYOSHI HONDA
`
`083710-3386
`
`4148
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr
`Suite 500
`McLean, VA 22102
`
`USYATINSKY, ALEXANDER
`
`1727
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/08/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-17 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-17 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 06/03/2021 is/are: a)[¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 06/03/2021,
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240222
`
`Application No.
`Applicant(s)
`17/337 ,492
`HONDAetal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`ALEXANDER USYATINSKY
`1727
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 06/03/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`underthefirst inventor to file provisions of the AIA.
`
`Priority
`
`2.
`
`Acknowledgement has been madeof applicant’s claim for priority under 35 USC
`
`119 (a-d). The certified copy has been filed on 06/30/2021.
`
`Information Disclosure Statement
`
`3.
`
`The Information Disclosure Statement (IDS) filed 06/03/2021 has
`
`been placed in the application file and the information referred to therein has been
`
`considered.
`
`Drawings
`
`4.
`
`The drawings received 06/03/2021 are acceptable for examination purposes.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
`
`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as setforth in section 102, if the differences betweenthe
`claimed invention and the prior artare suchthat the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`ordinary skillin the art to which the claimed invention pertains. Patentability shall notbe
`negated by the manner in whichthe invention was made.
`
`6.
`
`This application currently namesjoint inventors.
`
`In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was
`
`commonly ownedasof the effective filing date of the claimed invention(s) absent any
`
`evidenceto 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
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 3
`
`ownedas of the effectivefiling 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.
`
`7.
`
`Claims 1-4, 8,15 and 16 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over US 5,654,111 to Minomiya (Minomiya) in view of JP 652866 to
`
`Kagawa (Kagawa).
`
`8.
`
`Regarding claim 1, Minomiya discloses a battery comprising (Title): a positive
`
`electrode current collector; a positive electrode active material layer; a solid electrolyte
`
`layer containing a solid electrolyte; a negative electrode active material layer; a negative
`
`electrode current collector; and a sealing member (cool. 5, In 60-65) wherein the battery
`
`has a structure in which the positive electrode current collector, the positive electrode
`
`active material layer, the solid electrolyte layer, the negative electrode active material
`
`layer, and the negative electrode current collector are laminated in this order (Fig. 9, 10,
`
`40), wherein the battery has an opening hole penetrating the positive electrode current
`
`collector, the positive electrode active material layer, the solid electrolyte layer, the
`
`negative electrode active material layer, and the negative electrode current collector in a
`
`laminating direction of the structure Fig. 40), wherein each of the negative electrode
`
`active material layer and the solid electrolyte layer has a laminating surface intersecting
`
`the laminating direction, wherein, in cross-sectional view perpendicular to the laminating
`
`direction (Fig. 40),
`
`the sealing memberis located between the opening hole and each
`
`of the positive electrode active material layer, the solid electrolyte layer, and the
`
`negative electrode active material layer (836, Fig. 40) and wherein the sealing member
`
`is in contact with the positive electrode current collector and the negative electrode
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 4
`
`current collector (Fig. 40). Minomiya does not expressly disclose wherein the sealing
`
`memberis in contact with a part of the laminating surface of the negative electrode
`
`active material layer or a part of the laminating surface of the solid electrolyte layer.
`
`9.
`
`Kagawateaches a thin battery (para 11), wherein the positive electrode plate and
`
`the negative electrode plate were laminated on each other, and the positive electrode
`
`and negative electrode adhesive materials were placed on top of the current collector
`
`under reduced pressure, thereby sealing the battery. Kagawa also teaches that the
`
`shape of the positive electrode active substance is smaller than that of the negative
`
`electrode active material ( current concentration occurs at the corner of the negative
`
`electrode active material during charging, and a dendrite is generated, resulting in an
`
`internal short circuit and breakage of the battery (para 10, Fig. 1, adhesive 13 disposed
`
`on a surface of the negative electrode active material 11 ). Therefore,
`
`it would have
`
`been obvious to oneorordinary skill in the art before the effectivefiling date of the
`
`claimed invention to modify the shape of the electrode plates in a battery of Minomiya
`
`and as such dispose a sealing member ona part of surface of the negative electrode
`
`active material as taught by Kagawa,in order to avid dendrite formation and as such
`
`improve safety and lifetime of the battery.
`
`10.
`
`Regarding claim 2, Minomiya discloses wherein the positive electrode active
`
`material layer, the solid electrolyte layer, and the negative electrode active material
`
`layer are not exposed in the opening hole (Fig. 40).
`
`11.|Regarding claim 3, Minomiya discloses wherein the sealing memberis
`
`sandwiched between the positive electrode current collector and the negative electrode
`
`current collector (Fig, 40).
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 5
`
`12.
`
`Regarding claim 4, modified Minomiya discloses the invention as discussed
`
`above as applied to claim 1 and incorporated therein. Modified Minomiya does not
`
`expressly disclose wherein he sealing member has a shape protruding into the solid
`
`electrolyte layer. However, the courts have held that changes in shape are a matterof
`
`choice which a person of ordinary skill in the art would have found obvious absent
`
`persuasive evidencethat the particular configuration of the claimed invention was
`
`significant.
`
`/n re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See MPEP
`
`2144.04.
`
`It would have been obvious to one orordinary skill in the art before the
`
`effectivefiling date of the claimed invention to modify the shape of the sealing member
`
`of modified Minomiyain order to improvetightness of the battery as an obvious design
`
`choice.
`
`13.|Regarding claim 8, modified Minomiya teaches wherein, in plain view, the part
`
`of the laminating surface of the negative electrode active material layer is located closer
`
`to the opening hole than the solid electrolyte layer, and wherein the sealing memberis
`
`in contact with the part of the laminating surface of the negative electrode active
`
`material layer (Kagawa Fig. 1).
`
`14.
`
`Regarding claim 15, Minomiya discloses wherein the battery has a plurality of
`
`opening holes, and wherein the opening hole is one of the plurality of opening holes
`
`(Fig. 35).
`
`15.
`
`Regarding claim 16, modified Minomiya discloses the invention as discussed
`
`above as applied to claim 1 and incorporated therein. Modified Minomiya does not
`
`expressly disclose a plurality of batteries, wherein each of the plurality of batteries is the
`
`battery according to Claim 1, wherein the plurality of batteries are electrically connected
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 6
`
`in series or parallel and are laminated such that the opening holes of the plurality of
`
`batteries are in communication with each other. However, it would have been obvious
`
`to one having ordinary skill in the art at the time the invention wasfiled to make a
`
`battery pack from plurality of batteries of modified Minomiya and connect them either
`
`in series orin parallel , since it has been held that mere duplication of the essential
`
`working parts of a deviceinvolvesonly routine skill in the art. St. Regis Paper Co. v.
`
`Bemis Co., 193 USPQ 8 MPEP 2144.04 (VI-B)
`
`16.
`
`Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over US 5,654,111 to Minomiya in view of JP 652866 to Kagawato and furtherin
`
`view JP 2015076178 to Tamura (Tamura).
`
`17.|Regarding claim 5, modified Minomiya discloses the invention as discussed
`
`above as applied to claim 1 and incorporated therein. Modified Minomiya does not
`
`expressly disclose wherein the sealing member has a shape protruding toward the
`
`opening hole.
`
`18.|Tamura teaches a laminated all solid battery (para 57) , comprising a periphery
`
`sealing part (70), (para 10,Fig. 11) in order to provide more stable battery structure.
`
`Therefore, such structural design is well knownin the art.
`
`It would have been obvious to
`
`one orordinary skill in the art before the effective filing date of the claimed invention to
`
`modify the shape of the sealing member of modified Minomiya
`
`byprotruding into
`
`opening hole in order to improvestability of the structure as taught by Tamura, because
`
`the use of a known technique to improve similar devices (methods or products) in the
`
`same wayis likely to be obvious and would improve stability of the battery structure.
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 7
`
`See KSRInternational Co. v. Teleflex Inc.,550 U.S. __,_, 82 USPQ2d 1385, 1395 —
`
`97 (2007) (see MPEP § 2148, C.).
`
`19.
`
`Regarding claim 17, modified Minomiya discloses the invention as discussed
`
`above as applied to claim 16 and incorporated therein. Modified Minomiya does not
`
`expressly disclose wherein a coating memberthat covers an inner surface of a
`
`communicating opening hole formed of the opening holes of the batteries that are in
`
`communication with each other.
`
`20.
`
`Tamura teaches a laminatedall solid battery (para 57) , comprising a periphery
`
`sealing part (70), which to prevent moisture from entering into the battery the through
`
`hole 33 through the 1 sealing conductive resin (para 101). Therefore, it would have
`
`been obvious to oneorordinary skill in the art before the effectivefiling date of the
`
`claimed invention to modify the laminated battery of modified Minomiya bydisposition
`
`of sealing resin 70 of Tamura within hole 336’ to prevent the moisture of entering into
`
`the battery as taught by Tamura.
`
`21.
`
`Claims 6 and 14 rejected under 35 U.S.C. 103 as being unpatentable over
`
`US 5,654,111 to Minomiya in view of JP 652866 to Kagawato and further in view
`
`JP2003092092 to Higuchi (Higuchi).
`
`22.
`
`Regarding claim 6, modified Minomiya discloses the invention as discussed
`
`above as applied to claim 1 and incorporated therein. Modified Minomiya does not
`
`expressly disclose wherein the battery has a spaceinside the sealing memberor
`
`between the sealing member and at least one of the positive electrode active material
`
`layer, the solid electrolyte layer, or the negative electrode active material layer.
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 8
`
`23.
`
`Higuchi teaches a laminated battery (Fig. 2), comprising least one of thefirst
`
`current collector and the second current collector sandwiching the laminate of the
`
`positive electrode, the solid electrolyte, and the negative electrode is covered, and the
`
`periphery of the covering portion is sealed with an electrically insulating resin and
`
`process of manufacturing the battery (claim 1). In addition, Higuchi teaches that the
`
`sealing portion has a void (claim 3). Therefore, such structural design is well knownin
`
`the art.
`
`It would have been obvious to oneorordinary skill in the art before the effective
`
`filing date of the claimed invention to modify the sealing member of modified Minomiya
`
`with the void as taught by Higuchi in order to prevent early deterioration of the battery
`
`(para 8).
`
`24.
`
`Regarding claim 14, Higuchi teaches wherein the sealing agent contains at
`
`least one of zirconia, alumina, magnesia,titania, and silica (claim 5).
`
`25.
`
`Claims 7,9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over US 5,654,111 to Minomiya in view of JP 652866 to Kagawato and furtherin
`
`view US 20170309964 to lwamoto (Iwamoto).
`
`26.
`
`Regarding claims 7 and 9, modified Minomiya discloses the invention as
`
`discussed above as applied to claim 1 and incorporated therein. Modified Minomiya
`
`does not expressly disclose wherein an opening hole-side side surface of at least one of
`
`the positive electrode active material layer or the negative electrode active material
`
`layer is covered with the solid electrolyte layer and is not in contact with the sealing
`
`member.
`
`27.—lwamoto teaches a laminated battery, the battery comprising a positive electrode
`
`layer; and a negative electrode layer, wherein the positive electrode layer includes a
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 9
`
`positive electrode current collector, a positive electrode active material layer, and a
`
`positive electrode-side solid electrolyte layer, the positive electrode active material layer
`
`is in contact with the positive electrode current collector and is arranged in a region
`
`smaller than that of the positive electrode current collector wherein the positive
`
`electrode-side solid electrolyte layer and the negative electrode-side solid electrolyte
`
`layer are bonded to each other , and a method for manufacturing the same (Claim 1).
`
`In addition,
`
`lwamoto teaches wherein of the positive electrode active material layer or
`
`the negative electrode active material layer is covered with the solid electrolyte layer
`
`and is not in contact with the sealing member(Fig. 21, sealing member 90,
`
`).
`
`Therefore, such structural design is well known in the art.
`
`It would have been obvious
`
`to one or ordinary skill in the art before the effective filing date of the claimed invention
`
`to modify the battery of modified Minomiya by covering the positive and the negative
`
`active material and not being in contact with the sealing memberin order to avoid short
`
`Circuit between electrodes.
`
`28.
`
`Regarding claim 10, modified Minomiya discloses the invention as discussed
`
`above as applied to claim 1 and incorporated therein. Modified Minomiya does not
`
`expressly disclose a first sealing member containing a first material; and a second
`
`sealing memberlocated closer to the positive electrode current collector than thefirst
`
`sealing member and containing a second material different from the first material.
`
`Iwamoto teaches a laminated battery, the battery comprising a positive electrode layer;
`
`and a negative electrode layer, wherein the positive electrode layer includes a positive
`
`electrode current collector, a positive electrode active material layer, and a positive
`
`electrode-side solid electrolyte layer, the positive electrode active material layeris in
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 10
`
`contact with the positive electrode current collector and is arranged in a region smaller
`
`than that of the positive electrode current collector wherein the positive electrode-side
`
`solid electrolyte layer and the negative electrode-side solid electrolyte layer are bonded
`
`to each other.
`
`In addition,
`
`lwamoto teachesfirst and second sealing members (Fig. 21,
`
`below).
`
`It would have been obvious to oneorordinary skill in the art before the effective
`
`filing date of the claimed invention to modify the battery of modified Minomiya by
`
`covering the positive and the negative active material and not being in contact with the
`
`sealing memberin order to avoid short circuit between electrodes. Modified Minomiyain
`
`view of lwamoto does not expressly disclose that the first and second sealing member
`
`made from different material. However, It would have been obviousto one or ordinary
`
`skill in the art before the effective filing date of the claimed invention to use the different
`
`materials for first and second sealing members, especially taking into account common
`
`knowledge of the art that positive and negative current collectors routinely made from
`
`different materials (Al and Cu for example in) order to achieve better adhesion.
`
`negative
`electrade active material FIG, ?4
`
`current collector
`
`240 / 9
`220
`230
`ae
`4 \
`
`
`
`
`
`
`secon sealing ROYSSSy <
`
`(IEEESEK&qMHNS
`
`VALE LELLLLLL J
`
` 120
`130
`
`
`te
`ps. el. active material
`current collector
`
`SWSS 200
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 11
`
`29.
`
`Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`US 5,654,111 to Minomiya in view of JP 652866 to Kagawato and further in view
`
`US 2018/0205119 to Kodama.
`
`30.
`
`Regarding claim 11, modified Minomiya discloses the invention as discussed
`
`above as applied to claim 1 and incorporated therein. Modified Minomiya does not
`
`expressly disclose wherein the sealing member contains a resin or a sealing material
`
`wherein the sealing member contains at least one selected from the group consisting of
`
`epoxy resins, acrylic resins, polyimide resins, and silsesquioxanes.
`
`31.
`
`Kodama teaches alaminated battery , comprising at least one anode, cathode
`
`and solid electrolyte (para 37, Fig. 5) comprising a sealing member7 (7’) which is a
`
`thermosetting resin (re claim 12) functioning as a sealing material (Fig. 5B). Kodama
`
`also teaching an epoxy resin (re claim 13) as the thermosetting resin (para 42).It would
`
`have been obvious to oneor ordinary skill in the art before the effective filing date of the
`
`claimedinvention to modify the sealing member of modified Minomiya with the
`
`thermosetting resin comprising epoxy resin as taught by Kodama, because even though
`
`discharge and chargeof the all-solid-state battery are repeated afterward, the laminated
`
`battery keeps its volume the same or smaller than the volume right after manufacturing,
`
`and the anode does not excessively expand in size in comparison withits size right after
`
`manufacturing. Thus,it is possible to inhibit the curable resin from cracking due to
`
`expansion of the anode in charging (Kodama, para15).
`
`32.
`
`Regarding the limitation:” wherein the sealing member contains an insulating
`
`material having no ionic conductivity”: It would have been obvious to one or ordinary
`
`skill in the art before the effectivefiling date of the claimed invention to modify the
`
`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`Page 12
`
`sealing member of modified Minomiya of with non-ion conductive material in order to
`
`direct ion flow through membrane, not through the sealing memberin order to avoid
`
`losing power.
`
`Conclusion
`
`33.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALEXANDER USYATINSKY whose telephone number
`
`is (571)270-7703. The examiner can normally be reached IFP.
`
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`
`in-person, and video
`
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`
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`
`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
`
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`
`supervisor, Barbara Gilliam can be reached on 5712721330. The fax phone numberfor
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
`obtained from Patent Center. Unpublished application information in Patent Centeris
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`

`

`Application/Control Number: 17/337,492
`Art Unit: 1727
`
`/Alexander Usyatinsky/
`Primary Examiner, Art Unit 1727
`
`Page 13
`
`