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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
`
`meen
`
`aR
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`HAN, KWANGS
`
`1727
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/19/2021
`
`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 02 February 2021.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 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\0) 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.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-5 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`Cj) 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)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`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 20210315
`
`

`

`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.
`
`Detailed Action
`
`2.
`
`The Applicant's amendment/requestfor reconsideration filed on February 2, 2021 was
`
`received. Claim 1 was amended.
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The claim rejection under 35 U.S.C. 103 as unpatentable over Saito et al. in view of
`
`Hotta et al. on claims 1, 2, and 4 are maintained and modified to reflect the amendments to the
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`claims.
`
`4.
`
`The claim rejection under 35 U.S.C. 103 as unpatentable over Saito et al. in view of
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`Hotta et al. as applied to claims 2 and 4 respectively and furtherin view of Yoon etal. on claims
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`3 and 5 are maintained.
`
`5.
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`Claims 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Saito et
`
`al. (JP 5686130, machine translation) in view of Hotta et al. (US 2014/0295248).
`
`Regarding claim 1, Saito discloses anall solid state battery [0001] consisting of [0025]: a
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`positive electrode layer (positive electrode body 3) which includes a positive electrode current
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`collector (1a) and a positive electrode material mixture layer (2) formed on the positive-electrode
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`current collector (Fig 2), wherein the positive-electrode material mixture layer includes at least a
`
`

`

`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 3
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`positive-electrode active material and a binder [0025, 0027]; a negative electrode layer
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`(negative electrode body 8) which includes a negative electrode current collector (1c) anda
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`negative-electrode material mixture layer (5) formed on the negative-electrode current collector
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`(Fig 2), wherein the negative-electrode material mixture layer includes at least a negative-
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`electrode active material and a binder [0025, 0027]; and a solid electrolyte layer (4) whichis
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`disposed betweenthe positive electrode layer and the negative electrode layer, and includesat
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`least a solid electrolyte having ion conductivity [0025], wherein concentration of a solvent
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`includedin at least one layer selected from the group consisting of the positive electrode
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`material mixture layer, the negative-electrode material mixture layer, and the solid electrolyte
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`layer is equal to or smaller than 50 ppm (no solvent) [(0013, 0020, 0027-0029], but does not
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`explicitly teach the concentration of the binder. Saito does disclose the binderis not particularly
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`limited as long asit has a function of binding the functional powders [0042] and hasa preferable
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`melting point range of 40 to 400C [0044].
`
`Hotta teaches a negative electrode for a secondary battery [0013] including recognized
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`binders such as PVdF, styrene-butadiene rubber, polyimide, polyamide, etc. [0030] and positive
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`electrode mixture binders including PVdF and styrene-butadiene rubber [0056] where the
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`concentration of the binder included in the negative electrode material mixture layer is
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`distributed so as to be higher on the current collector side [0030-0031, 0063-0064].
`
`It would
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`have been obvious to one of ordinary skill in the art when the invention waseffectively filed to
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`provide a distribution of the concentration of the binder in the electrodes to be higherin
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`proximity to the current collector of Saito because Hotta recognizes that such a distribution of
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`the binder material provides for the prevention of the separation of the current collector, alleviate
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`stress of volume expansion, and thereby improve the cycle characteristics of the battery [0031].
`
`Regarding claim 2, Saito disclosesthe 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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`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 4
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`Regarding claim 4, Saito disclosesthe 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.
`
`Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Saito etal.
`
`in view of Hotta et al. as applied to claims 2 and 4 above respectively, and further in view of
`
`Yoon et al. (US 2016/0190546).
`
`The teachings of Saito and Hotta as discussed aboveareherein incorporated.
`
`Regarding claims 3 and 5, Saito and Hotta are silent regarding concentration of the
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`conductive assistant included in 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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`electrons are increased, internal resistance may be minimized, and an electrochemical reaction
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`area may be maximized [0034].
`
`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
`
`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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`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 5
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`Response to Arguments
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`7.
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`Applicant's arguments have beenfully considered but they are not persuasive.
`
`Applicant's principal arguments are:
`
`(a) the amendedclosed languageof “consisting of’ excludes the presence of any additional
`
`electrode, electrolyte or insulating layers.
`
`In response to Applicant’s arguments, please consider the following comments:
`
`(a) the Saito reference clearly recognizes the number of repetitive units (7) may be appropriately
`
`selected depending upon the performance, size, and like the desired battery including the
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`number of repetitive units being zero (limiting to the single positive electrode layer, negative
`
`electrode layer, and solid electrolyte layer as required by the newly amended claim). The
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`insulating portion (10) is recognized as the “battery case” (external to the claimed all solid state
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`battery) covering the side surfacesof the solid lithium electrode body as shownin Figure 2 of
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`Saito [0025] which does not negate the claimed solid state battery as required by the limitations
`
`of the amendedclaim. Batteries require an insulative layer to protect the electrochemicalcells
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`when applied in practical applications.
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`

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`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 6
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`Conclusion
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`8.
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`Applicant's amendmentnecessitated any new grounds of rejection presentedin this
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`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 eventafirst reply is filed within TWO
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTH shortenedstatutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) will be calculated from the mailing date of the advisory action.
`
`In no event,
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`however,will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`Contact/Correspondence Information
`
`9.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`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.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing
`
`using a USPTO supplied web-basedcollaboration tool. To schedule an interview, applicant is
`
`

`

`Application/Control Number: 15/873,175
`Art Unit: 1727
`
`Page 7
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`encouraged to use the USPTO AutomatedInterview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone numberfor the
`
`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
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
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`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you
`
`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
`
`