throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`17/154,022
`
`01/21/2021
`
`YUTA SUGIMOTO
`
`083710-3273
`
`7351
`
`Rimon PC - Pansonic Corporation
`423 WashingtonStreet
`Suite 600
`San Francisco, CA 94111
`
`LEONARD, MICHELLE TURNER
`
`1724
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/15/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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*
`1-11 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-11 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} 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://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) ) ) )
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`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).
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`Priority under 35 U.S.C. § 119
`12)[VM. 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) All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived 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.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`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)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231106
`
`Application No.
`Applicant(s)
`47/154,022
`SUGIMOTOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MICHELLE T LEONARD
`1724
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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.
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`- 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 16 October 2023.
`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.
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Response to Amendment
`
`The amendmentsfiled October 16, 2023 have been entered. Claim 1 is amended. Claims 10 and
`
`11 are new.Claims 1-11 are pending and will be examined.
`
`Claim Rejections - 35 USC § 103
`
`Claims 1-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Endo etal
`
`[JP08222235A, dated August30, 1996, machine translation previously provided], hereinafter Endo,
`
`andin view of lwamoto [US2017/0309964A1, dated October 26, 2017 (as provided on the IDS dated
`
`January 19, 2021)].
`
`Regarding Claim 1, Endo discloses a battery (Endo 0001) comprising: a positive electrode
`
`current collector (Endo 0029); a positive electrode (Endo 0001); a first electrolyte layer (Endo 0001); a
`
`second electrolyte layer (Endo 0001); a negative electrode (Endo 0001); and a negative electrode
`
`current collector (Endo 0048, copper plate), wherein the positive electrode current collector, the
`
`positive electrode, the first electrolyte layer, the second electrolyte layer, the negative electrode, and
`
`the negative electrode current collector are disposed in this order (Endo, 0013, 0029, 0048), the first
`
`electrolyte layer contains a first solid electrolyte material (Endo 0015), the second electrolyte layer
`
`contains a second solid electrolyte material (Endo 0015), the second solid electrolyte material being
`
`different from the first solid electrolyte material (Endo 0001), an oxidation potential of the first solid
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 3
`
`electrolyte material is more noble than an oxidation potential of the second solid electrolyte material
`
`(Endo 0015-0016 and throughout, Fig. 1, Endo discloses the first solid electrolyte has a wider reduction
`
`potential windowin the noble direction).
`
`Endo is silent to the first electrolyte layer covers the positive electrode and is in contact with the
`
`positive electrode current collector, and the first electrolyte layer covers the second electrolyte layer
`
`and is in direct contact with the negative electrode current collector. lwamoto discloses the first
`
`electrolyte layer (Iwamoto 0061 Fig. 22, side electrolyte layer 931/932 as the first electrolyte layer)
`
`covers the positive electrode (Iwamoto 0061-0062, 0038-0045, Fig. 22, positive electrode 120 [lwamoto
`
`Fig. 22 showsside electrolyte layer 931/932 covers positive electrode 120 at portion 931.]) and is in
`
`contact with the positive electrode current collector (Iwamoto 0061-0062, 0038-0045,Fig. 22, positive
`
`electrode current collector 110 [lwamotoFig. 22 showsside electrolyte layer 931/932 physically,
`
`thermally, and electrically contacts positive electrode current collector 110 at portion 931.]), and the
`
`first electrolyte layer (lwamoto 0061 Fig. 22, side electrolyte layer 931/932 as the first electrolyte layer)
`
`covers the second electrolyte layer [lwamoto Fig. 22 second electrolyte layer 933.]) [Iwamoto Fig. 22
`
`showsside first electrolyte layer 931/932 partially covers the second electrolyte layer 933 on the upper
`
`and lower surfaces on the left and right of the first electrolyte layer 933.]) and is in direct contact with
`
`the negative electrode current collector (Iwamoto 0061-0062, 0038-0045, Fig. 22, negative electrode
`
`current collector 210 [lwamotoFig. 22 showsside electrolyte layer 931/ 932 physically, thermally, and
`
`electrically contacts negative electrode current collector 210 at 932.]). It would have been obvious to
`
`one of ordinary skill in the art to rearrange the structure of the electrolyte layers in Endo’s disclosed
`
`solid electrolyte battery with two different electrolyte layers and twodifferent reduction potentials to
`
`provide for a battery with a wide potential window to prevent decomposition of the solid electrolyte
`
`(Endo 0015) using lwamoto’s disclosed battery structure to reduce the probability of contact between
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 4
`
`the positive and negative electrode current collectors to reduce the risk of short circuiting (Iwamoto
`
`0004, 0006) with a reasonable expectation of success. (See MPEP 2144.04 VIC, Rearrangementof Parts)
`
`Regarding Claim 2, modified Endo discloses the battery according to claim 1, wherein the first
`
`electrolyte layer (Iwamoto 0061 Fig. 22, side electrolyte layer 931/932 as the first electrolyte layer)is in
`
`contact with the positive electrode (Iwamoto 0061 Fig. 22, 120) [lwamoto Fig. 22 showsside electrolyte
`
`layer 931/932 is in physical, thermal, and electrical contact with the sides of positive electrode 120 at
`
`portion 931.])
`
`Regarding Claim 3, modified Endo discloses the battery according to claim 1, wherein the
`
`second electrolyte layer (lwamoto 0061 Fig. 22, second electrolyte layer 933) is in contact with the
`
`negative electrode (lwamotoFig. 22 showselectrolyte layer 933 is in physical, thermal, and electrical
`
`contact with negative electrode 220) and covers the negative electrode (IwamotoFig. 22 shows
`
`electrolyte layer 933 covers negative electrode 220 on the side opposite of the negative current
`
`collector.)
`
`Regarding Claim 4, modified Endo discloses the battery according to claim 1, wherein the first
`
`electrolyte layer (Iwamoto 0061 Fig. 22, side electrolyte layer 931/932 as the first electrolyte layer)is in
`
`contact with the second electrolyte layer (Iwamoto 0061 Fig. 22, First electrolyte layer 931/932 is in
`
`physical, thermal, and electrical contact on the upper and lower surfaces of the left and right of the
`
`second electrolyte layer 933.) and covers the second electrolyte layer (Iwamoto 0061 Fig. 22, First
`
`electrolyte layer 931/932 partially covers the first electrolyte layer 933 on the upper and lower surfaces
`
`on the left and right of the first electrolyte layer 933.])
`
`Regarding Claim 5, modified Endo discloses the battery according to claim 1, wherein the
`
`second electrolyte layer (lwamoto 0061 Fig. 22, second electrolyte layer 933) is in contact with the first
`
`electrolyte layer (Iwamoto 0061 Fig. 22, side electrolyte layer 931/932 as the first electrolyte layer) and
`
`coversthe first electrolyte layer (Iwamoto 0061 Fig. 22, Second electrolyte layer 933 is in physical,
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 5
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`thermal, and electrical contact withfirst electrolyte layer 931/932 and covers the lower portion of 932
`
`on the left and right and the upper portion of 931 on the left and right.)
`
`Regarding Claim 9, Endo modified by lwamotodiscloses the battery according to claim 1,
`
`wherein the second solid electrolyte material is a sulfide solid electrolyte (Iwamoto 0086 with 0079).
`
`(Iwamoto discloses a sulfide solid electrolyte may be used for the positive electrode-side electrolyte in
`
`0079 and in 0086 discloses anysolid electrolytes disclosed for the positive electrode-side electrolyte
`
`may be used for the negative electrode-side solid electrolyte. It would be obvious to one of ordinaryskill
`
`in the art to use an art recognized suitable electrolyte, such as lwamoto’s disclosure of sulfide solid
`
`electrolytes, for solid electrolyte material for the second electrode. See MPEP 2144.07.)
`
`Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Endo [JP08222235A,
`
`dated August 30, 1996], hereinafter Endo, and in view of Iwamoto [US2017/0309964A1, dated
`
`October 26, 2017], as applied to Claim 1, and further in view of Bohnsack etal. [Journal of Inorganic
`
`and General Chemistry 623, 1997, 1352-1356, dated March 16, 1997], hereinafter Bohnsack.
`
`Regarding Claim 6, Endo modified by lwamotodiscloses the battery according to claim 1 butis
`
`silent to the first solid electrolyte material contains Li, M, and X, where M is at least one selected from
`
`the group consisting of metalloid elements and metal elements other than Li, and X is at least one
`
`selected from the group consisting of F, Cl, Br, and |. Bohnsack discloses solid electrolyte material
`
`contains Li, M, and X, where M is at least one selected from the group consisting of metalloid elements
`
`and metal elements other than Li, and X is at least one selected from the group consisting ofF, Cl, Br,
`
`and | (Bohnsack abstract). (Bohnsack discloses Li; MBre where M= metals Samarium through Lutetium
`
`and Yttrium [abstract]. Bohnsack discloses these compositions have lithium ion conductivity and
`
`mobility [Bohnsack 1354-1355], which therefore makes them art recognized as suitable electrolytes. See
`
`MPEP 2144.07). It would have been obvious to one of ordinaryskill in the art to rearrange the structure
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 6
`
`of the electrolyte layers in Endo’s disclosed solid electrolyte battery with twodifferent electrolyte layers
`
`and two different reduction potentials to provide for a battery with a wide potential window to prevent
`
`decomposition of the solid electrolyte (Endo 0015) using lwamoto’s disclosed battery structure (See
`
`MPEP 2144.04 VIC, Rearrangementof Parts) to reduce the probability of contact between the positive
`
`and negative electrode current collectors to reduce the risk of short circuiting (Iwamoto 0004, 0006)
`
`with the art recognized solid electrolyte material disclosed by Bohnsackfor a solid electrolyte battery
`
`with lithium ion conductivity and mobility (Bohnsack 1354-1355) with a reasonable expectation of
`
`success.
`
`Regarding Claim 7, Endo modified by lwamoto and Bohnsack discloses the battery according to
`
`claim 6, wherein the first solid electrolyte material is represented by a composition formula of LicMeXy,
`
`wherea, &, and y are each a value greater than zero (Bohnsack abstract and throughout). (Bohnsack
`
`discloses multiple compounds withlithium ion conductivity and mobility (Bohnsack 1354-1355) such as
`
`LisSmBre, LizEuBre, LisGdBre, LisTbBre, LisDyBre, and LizsYBreé with the formula LigMgX, where a, &, and y
`
`are each a value greater than zero.)
`
`Regarding Claim 8, Endo modified by lwamoto and Bohnsackdiscloses the battery according to
`
`claim 6, wherein M includesyttrium (Bohnsack 1355 and throughout). (Bohnsack discloses Li3YBrg.).
`
`Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Endo etal
`
`[JP08222235A, dated August 30, 1996, machinetranslation previously provided], hereinafter Endo,
`
`andin view of lwamoto [US2017/0309964A1, dated October 26, 2017], as applied to Claim 1, and in
`
`further view of Ohtaet al. [US20170162902A1, dated June8, 2017].
`
`Regarding Claim 10, Endo modified by lwamotodiscloses battery according to claim 1. lwamoto
`
`discloses that the first electrolyte layer may partially include a second solid electrolyte material
`
`[Iwamoto 0090-0091]. More specifically, lwamoto discloses the two electrolyte layers may contain the
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 7
`
`same solid electrolyte or different solid electrolyte [lwamoto 0090] or the two electrolyte layers may
`
`include the solid electrolyte in the same amountor different amounts [lwamoto 0091]. One of ordinary
`
`skill in the art would understand from lwamoto’s disclosure that that some volume fraction of one solid
`
`electrolyte layer may be included in a second solid electrolyte layer of a different solid electrolyte
`
`material to form a composition solid electrolyte as one of the electrolyte layers. (See MPEP 2144.06I.
`
`and II. Combining Equivalents Known for the Same Purposeand Substituting Equivalents Know for the
`
`Same Purpose)
`
`Further, Ohta discloses a composite solid electrolyte layer by mixing two different electrolyte
`
`materials [Ohta abstract], namely an oxide-basedsolid electrolyte and a sulfide-based electrolyte with a
`
`lithium halide element [Ohta abstract, 0037-0043], where combining a volume fraction of 5 to 50%
`
`sulfide-basedsolid electrolyte with a lithium halide within an oxide-based solid electrolyte increased the
`
`lithium ion conductivity [Ohta 0086,Fig. 4].
`
`It would have been obvious to one of ordinary skill in the art to combine the teachings of Endo,
`
`Iwamoto, and Ohta using Endo’s disclosed solid electrolyte battery with two different electrolyte layers
`
`and twodifferent reduction potentials to provide for a battery with a wide potential window to prevent
`
`decomposition of the solid electrolyte (Endo 0015) and rearrange the layers (See MPEP 2144.04 VIC,
`
`Rearrangementof Parts) using lwamoto’s disclosed battery structure to reduce the probability of
`
`contact between the positive and negative electrode current collectors to reduce the risk of short
`
`circuiting (Iwamoto 0004, 0006) and disclosure of the two electrolyte layers potentially including the
`
`same electrolytes in different compositions [Iwamoto 0090-0091] with Ohta’s disclosure of an art
`
`recognized composite solid electrolyte (See MPEP 2144.07 Art Recognized Suitability for an Intended
`
`Purpose) using a volume fraction of sulfide-based electrolyte with a lithium halide elementfor a solid
`
`electrolyte with excellent formability, chemical stability, and high lithium ion conductivity [Ohta
`
`abstract] with a reasonable expectation of success.
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 8
`
`Regarding Claim 11, Edna modified by lwamoto and Ohta disclose the battery according to claim
`
`9. Ohta discloses a solid electrolyte material that includes a second electrolyte material in an amountof
`
`less than or equal to 30% relative to an amount of the second electrolyte material in terms of a volume
`
`fraction [Ohta Table 1, examples 1-3 and 6-11, comparative examples 5-7 (Ohta Examples 1-3 and 6-11
`
`disclose a composite solid electrolyte with a sulfide-based solid electrolyte with a lithium halide mixed
`
`with an oxide-basedsolid electrolyte where the volume fraction of sulfide-based solid electrolyte with a
`
`lithiurn halide is between 10 and 30%. Ohta further discloses incorporating the sulfide-based solid
`
`electrolyte without a lithium halide from 12-30% in an oxide-based electrolyte in comparative examples
`
`5-7. Oneof ordinary skill in the art would know how to combine Ohta’s art recognized composite
`
`electrolyte in modified Endo’s disclosed battery (Endo modified by lwamoto as described in Claim 10)
`
`where material from the second electrolyte layer is present in an amountless than or equal to 30%
`
`relative to an amount of the second electrolyte layer in terms of volume fraction. (See MPEP 2144.07)
`
`Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Endo etal
`
`[JP08222235A, dated August30, 1996, machine translation previously provided], hereinafter Endo,
`
`andin view of Klaassen [US2007/0015060-A1, dated January 18, 2007 (as provided on the IDS dated
`
`February8, 2023)].
`
`Regarding Claim 1, Endo discloses a battery (Endo 0001) comprising: a positive electrode
`
`current collector (Endo 0029); a positive electrode (Endo 0001); a first electrolyte layer (Endo 0001); a
`
`second electrolyte layer (Endo 0001); a negative electrode (Endo 0001); and a negative electrode
`
`current collector (Endo 0048, copper plate), wherein the positive electrode current collector, the
`
`positive electrode, the first electrolyte layer, the second electrolyte layer, the negative electrode, and
`
`the negative electrode current collector are disposed in this order (Endo, 0013, 0029, 0048), the first
`
`electrolyte layer contains a first solid electrolyte material (Endo 0015), the second electrolyte layer
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 9
`
`contains a second solid electrolyte material (Endo 0015), the second solid electrolyte material being
`
`different from the first solid electrolyte material (Endo 0001), an oxidation potential of the first solid
`
`electrolyte material is more noble than an oxidation potential of the second solid electrolyte material
`
`(Endo 0015-0016 and throughout, Fig. 1, Endo discloses the first solid electrolyte has a wider reduction
`
`potential windowin the noble direction).
`
`Endo is silent to the first electrolyte layer covers the positive electrode and is in contact with the
`
`positive electrode current collector, and the first electrolyte layer covers the second electrolyte layer
`
`and is in direct contact with the negative electrode current collector. Klaassen disclosesthe first
`
`electrolyte layer (Klaassen 0046 Fig. 1A, 130 as the first electrolyte layer) covers the positive electrode
`
`(Klaassen 0046 Fig. 1A, 112 as the positive electrode [Klaassen Fig. 1A showselectrolyte layer 130
`
`covers positive electrode 112 on the underside.]) and is in contact with the positive electrode current
`
`collector (Klaassen 0046 Fig. 1A positive electrode current collector 110 [Klaassen Fig. 1A showsside
`
`electrolyte layer 130 physically, thermally, and electrically contacts positive electrode current collector
`
`110.]), and the first electrolyte layer (Klaassen 0046 Fig. 1A, electrolyte layer 130 as the first electrolyte
`
`layer) covers the second electrolyte layer [Klaassen 0046 Fig. 1A showselectrolyte layer 130 covers
`
`electrolyte layer 114/124 on the underside of 114 and the topside of 124.]) and is in direct contact with
`
`the negative electrode current collector (Klaassen 0046 Fig. 1A, negative electrode current collector 120
`
`[Klaassen Fig. 1A showselectrolyte layer 130 physically, thermally, and electrically contacts negative
`
`electrode current collector 120.]). It would have been obvious to one of ordinaryskill in the art to
`
`rearrange the structure of the electrolyte layers in Endo’s disclosed solid electrolyte battery with two
`
`different electrolyte layers and twodifferent reduction potentials to provide for a battery with a wide
`
`potential window to prevent decomposition of the solid electrolyte (Endo 0015) using lwamoto’s
`
`disclosed battery structure to reduce the probability of contact between the positive and negative
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 10
`
`electrode current collectors to reduce the risk of short circuiting (Iwamoto 0004, 0006) with a
`
`reasonable expectation of success. (See MPEP 2144.04 VI C, Rearrangementof Parts)
`
`Regarding Claim 2, modified Endo discloses the battery according to claim 1, wherein the first
`
`electrolyte layer (Klaassen 0046 Fig. 1A, electrolyte layer 130 as the first electrolyte layer) is in contact
`
`with the positive electrode layer (Klaassen 0046 Fig. 1A, positive electrode 112) [Klaassen Fig. 1A shows
`
`electrolyte layer 130 is in thermal and electrical contact with positive electrode 112.])
`
`Regarding Claim 3, modified Endo discloses the battery according to claim 1, wherein the
`
`second electrolyte layer (Klaassen 0046, Fig. 1A, second electrolyte layer 114/124)is in contact with the
`
`negative electrode (Klaassen 0046,Fig. 1A showselectrolyte layer 114/124is in physical, thermal, and
`
`electrical contact with negative electrode 122) and covers the negative electrode (Klaassen 0046, Fig. 1A
`
`showselectrolyte layer 114/124 covers negative electrode 122 at 124.)
`
`Regarding Claim 4, modified Endo discloses the battery according to claim 1, wherein the first
`
`electrolyte layer (Klaassen 0046, Fig. 1A, electrolyte layer 130 as the first electrolyte layer) is in contact
`
`with the second electrolyte layer (Klaassen 0046,Fig. 1A, First electrolyte layer 130 is in physical,
`
`thermal, and electrical contact with electrolyte layer 114/124.) and covers the second electrolyte layer
`
`(Klaassen 0046,Fig. 1A, First electrolyte layer 130 covers the second electrolyte layer 114/124 on the
`
`upper surface of 124 and lower surface of 114.])
`
`Regarding Claim 5, modified Endo discloses the battery according to claim 1, wherein the
`
`second electrolyte layer (Klaassen 0046, Fig. 1A second electrolyte layer 114/124)is in contact with the
`
`first electrolyte layer (Klaassen 0046, Fig. 1A, electrolyte layer 130 as the first electrolyte layer) and
`
`coversthe first electrolyte layer (Klaassen 0046, Fig. 1A Second electrolyte layer 114/124is in physical,
`
`thermal, and electrical contact with first electrolyte layer 130 and 124 covers the lower surface of 130
`
`and 114 covers the upper surface of 130.)
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 11
`
`Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Endo [JP08222235A,
`
`dated August 30, 1996], hereinafter Endo, and in view Klaassen [US2007/0015060-A1, dated January
`
`18, 2007 (as provided on the IDS dated February 8, 2023)], as applied to Claim 1, and further in view of
`
`Bohnsacketal. [Journal of Inorganic and General Chemistry 623, 1997, 1352-1356, dated March 16,
`
`1997], hereinafter Bohnsack.
`
`Regarding Claim 6, Endo modified by Klaassen discloses the battery according to claim 1 butis
`
`silent to the first solid electrolyte material contains Li, M, and X, where M is at least one selected from
`
`the group consisting of metalloid elements and metal elements other than Li, and X is at least one
`
`selected from the group consisting of F, Cl, Br, and |. Bohnsack discloses solid electrolyte material
`
`contains Li, M, and X, where M is at least one selected from the group consisting of metalloid elements
`
`and metal elements other than Li, and X is at least one selected from the group consisting ofF, Cl, Br,
`
`and | (Bohnsack abstract). (Bohnsack discloses Li3MBr6 where M= metals Samarium through Lutetium
`
`and Yttrium [abstract]. Bohnsack discloses these compositions have lithium ion conductivity and
`
`mobility [Bohnsack 1354-1355], which therefore makes them art recognized as suitable electrolytes. See
`
`MPEP 2144.07). It would have been obvious to one of ordinaryskill in the art to rearrange the structure
`
`of the electrolyte layers in Endo’s disclosed solid electrolyte battery with twodifferent electrolyte layers
`
`and twodifferent reduction potentials to provide for a battery with a wide potential window to prevent
`
`decomposition of the solid electrolyte (Endo 0015) using Klaassen’s disclosed battery structure (See
`
`MPEP 2144.04 VIC, Rearrangementof Parts) with improved reliability [Klaassen 0012] with the art
`
`recognized solid electrolyte material disclosed by Bohnsackfor a solid electrolyte battery with lithium
`
`ion conductivity and mobility (Bohnsack 1354-1355) with a reasonable expectation of success.
`
`Regarding Claim 7, Endo modified by Klaassen and Bohnsack discloses the battery according to
`
`claim 6, wherein the first solid electrolyte material is represented by a composition formula of LiaM{Xy,
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 12
`
`wherea, &, and y are each a value greater than zero (Bohnsack abstract and throughout). (Bohnsack
`
`discloses multiple compounds withlithium ion conductivity and mobility (Bohnsack 1354-1355) such as
`
`LisSmBrg, Lis3EuBre, LizGdBre, LisTbBre, LisDyBre, and Li3¥Bre with the formula LiaM{sXy where a, 8, and y
`
`are each a value greater than zero.)
`
`Regarding Claim 8, Endo modified by Klaassen and Bohnsackdiscloses the battery according to
`
`claim 6, wherein M includes yttrium (Bohnsack 1355 and throughout). (Bohnsack discloses Li3YBre.)
`
`Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Endoetal [JP08222235A,
`
`dated August 30, 1996, machine translation previously provided], hereinafter Endo, and in view
`
`Klaassen [US2007/0015060-A1, dated January 18, 2007 (as provided on the IDS dated February 8,
`
`2023)], as applied to Claim 1, and in further view of Iwamoto [US2017/0309964A1, dated October 26,
`
`2017].
`
`Regarding Claim 9, Endo modified by Klaassen discloses the battery according to claim 1, but
`
`both are silent to sulfide solid electrolyte layers. Iwamoto discloses wherein the second solid electrolyte
`
`material is a sulfide solid electrolyte (Iwamoto 0086 with 0079). (Iwamoto discloses a sulfide solid
`
`electrolyte may be used for the positive electrode-side electrolyte in 0079 and in 0086 discloses any
`
`solid electrolytes disclosed for the positive electrode-side electrolyte may be used for the negative
`
`electrode-side solid electrolyte. It would be obvious to one ofordinaryskill in the art to use an art
`
`recognized suitable electrolyte, such as lwamoto’s disclosure of sulfide solid electrolytes, for solid
`
`electrolyte material for the second electrode. See MPEP 2144.07.)
`
`Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Endo etal
`
`[JP08222235A, dated August 30, 1996, machine translation previously provided], hereinafter Endo,
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 13
`
`andin view of Klaassen [US2007/0015060-A1, dated January 18, 2007 (as provided on the IDS dated
`
`February 8, 2023)], as applied to Claim 1, and in view of lwamoto [US2017/0309964A1, dated October
`
`26, 2017] and in further view of Ohta et al. [US20170162902A1, dated June 8, 2017].
`
`Regarding Claim 10, Endo modified by Klaassen discloses battery according to claim 1. lwamoto
`
`discloses that the first electrolyte layer may partially include a second solid electrolyte material
`
`[Iwamoto 0090-0091]. More specifically, lwamoto discloses the two electrolyte layers may contain the
`
`same solid electrolyte or different solid electrolyte [lwamoto 0090] or the two electrolyte layers may
`
`include the solid electrolyte in the same amountor different amounts [Iwamoto 0091]. One of ordinary
`
`skill in the art would understand from lwamoto’s disclosure that that some volume fraction of one solid
`
`electrolyte layer may be included in a second solid electrolyte layer of a different solid electrolyte
`
`material to form a composition solid electrolyte as one of the electrolyte layers. (See MPEP 2144.06I.
`
`and II. Combining Equivalents Known for the Same Purposeand Substituting Equivalents Know for the
`
`Same Purpose)
`
`Further, Ohta discloses a composite solid electrolyte layer by mixing two different electrolyte
`
`materials [Ohta abstract], namely an oxide-basedsolid electrolyte and a sulfide-based electrolyte with a
`
`lithium halide element [Ohta abstract, 0037-0043], where combining a volume fraction of 5 to 50 %
`
`sulfide-basedsolid electrolyte with a lithium halide within an oxide-based solid electrolyte increased the
`
`lithium ion conductivity [Ohta 0086,Fig. 4].
`
`It would have been obvious to one of ordinary skill in the art to combine the teachings of Endo,
`
`Klaassen, lwamoto, and Ohta using Endo’s disclosed solid electrolyte battery with two different
`
`electrolyte layers and twodifferent reduction potentials to provide for a battery with a wide potential
`
`windowto prevent decomposition of the solid electrolyte (Endo 0015) and rearrange the layers (See
`
`MPEP 2144.04 VIC, Rearrangementof Parts) using Klaassen’s disclosed battery structure with increased
`
`reliability [Klaassen 0012] with lwamoto’s disclosure of the two electrolyte layers potentially including
`
`

`

`Application/Control Number: 17/154,022
`Art Unit: 1724
`
`Page 14
`
`the same electrolytes in different compositions [lwamoto 0090-0091] and Ohta’s disclosure of an art
`
`recognized composite solid electrolyte (See MPEP 2144.07 Art Recognized Suitability for an Intended
`
`Purpose) using a volume fraction of sulfide-based electrolyte with a lithium halide elementfor a solid
`
`electrolyte with excellent formability, chemical stability, and high lithium ion conductivity [Ohta
`
`abstract] with a reasonable expectation of success.
`
`Regarding Claim 11, Endo modified by Klaassen, lwamoto, and Ohta disclose the battery
`
`according to claim 9. Ohta discloses a solid electrolyte material that includes a second electrolyte
`
`material in an amountof less than or equal to 30% relative to an amount of the second electrolyte
`
`material in terms of a volume [Ohta Table 1, examples 1-3 and 6-11, comparative examples 5-7 (Ohta
`
`Examples 1-3 and 6-11 disclose a composite solid electrolyte with a sulfide-based solid electrolyte with a
`
`lithium halide mixed with an oxide-basedsolid electrolyte where the volume fraction of sulfide-based
`
`solid electrolyte with a lithium halide is between 10 and 30%. Ohta further discloses incorporating the
`
`sulfide-based solid electrolyte without a lithium halide from 12-30% in an oxide-based electrolyte in
`
`comparative examples 5-7. One of ordinaryskill in the art would know how to combine Ohta’s art
`
`recognized composit

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