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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/873,175
`
`01/17/2018
`
`KENTA HASEGAWA
`
`PIPMB-58862
`
`T71
`
`“ea
`
`aR
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`HAN, KWANGS
`
`1727
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/19/2020
`
`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):
`
`patdocket@ pearne.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`15/873,175
`Examiner
`Kwang S Han
`
`Applicant(s)
`HASEGAWAetal.
`Art Unit
`AIA (FITF) Status
`1727
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of 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 17 January 2018.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)(J 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\(Z 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.
`
`Disposition of Claims*
`1-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-5 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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 17 January 2018 is/are: a)f¥) 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:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4) 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
`1/17/18,7/23/18,11/20/19.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200210
`
`

`

`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventor to file provisions of the AIA.
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`2.
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Priority
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`Specification
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`3.
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`The disclosure is objected to becauseof the following informalities: The title is
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`suggested to be more descriptive. A suggestedtitle is “ALL SOLID STATE BATTERY WITH
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`VARIED BINDER CONCENTRATION”
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 103
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`4.
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`This application currently namesjoint inventors. In considering patentability of the claims
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`the examiner presumesthat the subject matter of the various claims was commonly owned as
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`of the effectivefiling date of the claimed invention(s) absent any evidenceto the contrary.
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`Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective
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`filing dates of each claim that was not commonly ownedasofthe effectivefiling date of the later
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`invention in order for the examiner to considerthe applicability of 35 U.S.C. 102(b)(2)(C) for any
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`potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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
`
`

`

`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 3
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`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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under 35
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`U.S.C. 103 are summarized asfollows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences betweenthe prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence presentin the application indicating obviousness or
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`nonobviousness.
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`5.
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`Claims 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Saito et
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`al. (JP 5686130, machine translation) in view of Hotta et al. (US 2014/0295248).
`
`Regarding claim 1, Saito discloses an all solid state battery [0001] comprising: a positive
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`electrode current collector (1a); a positive electrode layer which is formed on the positive
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`electrode current collector and includes a positive electrode material mixture layer (2) which
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`includes at least a positive-electrode active material and a binder [0025, 0027]; a negative
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`electrode current collector (4c); a negative electrode layer which is formed on the negative
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`electrode current collector and includes a negative-electrode material mixture layer (5) which
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`includes at least a negative-electrode active material and a binder [0025, 0027]; and a solid
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`electrolyte layer (4) which is disposed between the positive electrode material mixture layer and
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`the negative electrode material mixture layer, and includesat least a solid electrolyte having ion
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`conductivity [0025], wherein concentration of a solvent included in at least one layer selected
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`from the group consisting of the positive electrode material mixture layer, the negative-electrode
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`material mixture layer, and the solid electrolyte layer is equal to or smaller than 50 ppm (no
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`solvent) [0013, 0020, 0027-0029], but is silent towards the concentration of the binder.
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`

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`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 4
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`Hotta teaches a negative electrode for a secondary battery [0013] where the
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`concentration of the binder included in negative electrode material mixture layer is distributed so
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`as to be higher on the current collector side [0030-0031, 0063-0064].
`
`It would have been
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`obvious to one of ordinary skill in the art when the invention waseffectively filed to provide a
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`distribution of the concentration of the binderin the electrodes to be higherin proximity to the
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`current collector of Saito because Hotta recognizes that such a distribution of the binder
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`material provides for the prevention of the separation of the current collector, alleviate stress of
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`volume expansion, and thereby improve the cycle characteristics of the battery [0031].
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`Regarding claim 2, Saito discloses the all solid state battery of Claim 1, wherein the
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`positive-electrode material mixture layer includes a conductive assistant [0059].
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`Regarding claim 4, Saito discloses the all solid state battery of Claim 1, wherein the
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`negative-electrode material mixture layer includes a conductive assistant [0059].
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`6.
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`Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Saito et al.
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`in view of Hotta et al. as applied to claims 2 and 4 above respectively, and further in view of
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`Yoon et al. (US 2016/0190546).
`
`The teachings of Saito and Hotta as discussed above are herein incorporated.
`
`Regarding claims 3 and 5, Saito and Hotta are silent regarding concentration of the
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`conductive assistant includedin the positive or negative electrode material mixture layer, the
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`concentration in proximity to the respective current collector is higher than the concentration in
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`proximity to the solid electrolyte layer.
`
`Yoon teachesa positive electrode composite for an all solid battery (Abstract) where the
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`amount of conductive material is about zero at the region in contact with the electrolyte layer
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`and increased at the region in contact with the metal current collector [0032] so that the
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`generation of a short circuit with the opposing electrode may be minimized, mobility of ions and
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`

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`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 5
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`electrons are increased, internal resistance may be minimized, and an electrochemical reaction
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`area may be maximized [0034].
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`It would have been obvious to one of ordinary skill in the art
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`when the invention waseffectively filed to provide an amount of conductive material to be about
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`zero at the region in contact with the electrolyte layer and increased at the region in contact with
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`the metal current collector for the electrodes of Saito in view of Hotta because Yoon recognizes
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`that such a distribution of conductive material within electrodes inclusive of conductive material
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`provides for the minimization of short circuits with the opposing electrode, mobility of ions and
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`electrons are increased, internal resistance may be minimized, and an electrochemical reaction
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`area may be maximized [0034].
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`Contact/CorrespondenceInformation
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`7.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. Morimoto et al. (US 2012/0214063) discloses a negative electrode for a lithium
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`secondary battery which provides for the electrode layer to be configured so that the
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`concentration of the binder component decreases as distanced from the current collector
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`(Abstract).
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to Kwang S Han whosetelephone numberis (571)272-1552. The examiner
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`can normally be reached on Monday- Friday, 8am - 5pm.
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`Examinerinterviews are available via telephone, in-person, and video conferencing
`
`using a USPTO supplied web-basedcollaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO AutomatedInterview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`

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`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 6
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone numberfor the
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`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
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`
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`
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`
`would like assistance from a USPTO CustomerService Representative or access to the
`
`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`Kwang Han
`Examiner
`
`Art Unit 1727
`
`/Kwang Han/
`Examiner, Art Unit 1727
`
`