DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received February 10, 2026:
Claims 1-12 are pending.
The previous prior art rejection has been withdrawn in light of the amendment. However, a new prior art rejection has been made below in view of Iwata et al. (US 2019/0081353). All changes to the rejection are necessitated by the amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Mimura et al. (US 2018/0277891) in view of Iwata et al. (US 2019/0081353).
Regarding Claim 1, Mimura et al. teaches an ion-conductive substance is coated with a polymer (i.e. a coated particle) (Para. [0099]) wherein the ion-conductive substance is a sulfide-based inorganic solid electrolyte (Para. [0117]) (i.e. comprising a sulfide-based particle), and the polymer forming binder particles comprising an acrylic resin (Para. [0013]) comprising one or more monomers such as A-69 (pg. 15)
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wherein the acrylic resin comprising the acrylic monomer A-69 is a fluorine-containing polymer (i.e. a fluorine-containing polymer that coats a surface of the sulfide-based particle) wherein the fluorine-containing polymer containing the monomer A-69 reads on a structural unit (1) based on a monomer represented by the formula (1) of the instant claim as X is a C1 linear alkyl group, Y is a C2 hydrocarbon group, and Rf is a C4 is a C4 linear fluoroalkyl group, and wherein the polymer has one or more repeating units or partial structures and the structure of the repeating unit, including the partial structure, is not particularly limited (Para. [0220])
Mimura et al. does not explicitly teach a structural unit (2) based on at least one selected from the group consisting of a monomer (2) represented by formula (2) as claimed, an alkoxysilyl group-containing monomer (3) represented by formula (3) as claimed or a vinyl-monomer being at least one selected from the group consisting of trifluoromethylvinyl, perfluoroethylvinyl and perfluoroethylethervinyl wherein the structural unit (2) is in an amount of 10 to 100 parts by mass relative to 100 parts by mass of the structural unit (1).
However, Iwata et al. teaches a sulfur compound solid electrolyte dispersion paste for secondary batteries (Para. [0026]) comprising an acrylic resin which is a copolymer of starting monomers of a polymerizable unsaturated monomer a1 and a polymerizable unsaturated monomer a3 (Para. [0032]) wherein monomer a3 is perfluorobutylethyl (meth)acrylate (Para. [0043], pg. 4, lines 3-4) wherein “(meth)acrylate” denotes acrylate and/or methacrylate (Para. [0025]) (i.e. teaches perfluorobutylethyl acrylate, reading on structural unit (1) based on a monomer of formula (1) as claimed; and is the same monomer compound as “A-69” of Mimura et al. cited above) and is included in an amount of 1 to 30 mass% of the acrylic resin (Para. [0032]), wherein monomer a1 is isobornyl (meth)acrylate (Para. [0038]) (i.e. a structural unit (2) based on a monomer represented by the formula (2) as claimed, as R1 is a C1 linear alkyl group [-CH3] and R2 is a cross-linked hydrocarbon ring-containing group [isobornyl]), wherein the polymerizable unsaturated monomer a1 is included in an amount of 20 to 99 mass% of the acrylic resin (Para. [0032]) (i.e. wherein the structural unit (2) is in an amount of 3.3-2000 parts by mass relative to 100 parts by mass of the structural unit (1); overlapping with the claimed range of 10 to 100 parts by mass relative to 100 parts by mass of the structural unit (1)).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acrylic resin of Mimura et al. to incorporate the teaching of isobornyl methacrylate (i.e. structural unit (2)) and perfluorobutylethyl acrylate (i.e. structural unit (1)) in the overlapping mass ratio as taught by Iwata et al., as such a polymer would provide increased storage stability (Para. [0032], [0037], [0039]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 2, Mimura et al. as modified by Iwata teaches all of the elements of the coated particle according to claim 1 as explained above.
Mimura et al. further teaches the active material layer of the positive electrode includes the inorganic solid electrolyte and binder particles (i.e. a positive electrode comprising the coated particle according to claim 1) and a positive electrode active material (Para. [0051]).
7. Regarding Claim 3, Mimura et al. as modified by Iwata teaches all of the elements of the coated particle according to claim 1 as explained above.
Mimura et al. further teaches the active material layer of the negative electrode includes the inorganic solid electrolyte and binder particles (i.e. a positive electrode comprising the coated particle according to claim 1) and a negative electrode active material (Para. [0051]).
Regarding Claim 4, Mimura et al. teaches an all-solid state battery comprising a positive electrode having a positive electrode active material layer on a positive electrode (i.e. a positive electrode layer including a positive electrode), a negative electrode having a negative electrode active material layer on a negative electrode (i.e. a negative electrode layer including a negative electrode) and a solid electrolyte layer between the positive electrode and the negative electrode (i.e. a solid electrolyte layer between the positive electrode layer and the negative electrode layer) (Para. [0041]) wherein the solid electrolyte layer comprises an ion-conductive substance is coated with a polymer (i.e. including a coated particle) (Para. [0097], [0099]) wherein the ion-conductive substance is a sulfide-based inorganic solid electrolyte (Para. [0117]) (i.e. the coated particle comprises a sulfide-based particle), and the polymer forming binder particles comprising an acrylic resin (Para. [0013]) comprising one or more monomers such as A-69 (pg. 15):
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wherein the acrylic resin comprising the acrylic monomer A-69 is a fluorine-containing polymer (i.e. a fluorine-containing polymer that coats a surface of the sulfide-based particle) wherein the fluorine-containing polymer containing the monomer A-69 reads on a structural unit (1) based on a monomer represented by the formula (1) of the instant claim as X is a C1 linear alkyl group, Y is a C2 hydrocarbon group, and Rf is a C4 is a C4 linear fluoroalkyl group, wherein the active material layer of the positive electrode includes the inorganic solid electrolyte and binder particles (i.e. a positive electrode comprising the coated particle) and a positive electrode active material (Para. [0051]) and the active material layer of the negative electrode includes the inorganic solid electrolyte and binder particles (i.e. a positive electrode comprising the coated particle according to claim 1) and a negative electrode active material (Para. [0051]), wherein the polymer has one or more repeating units or partial structures and the structure of the repeating unit, including the partial structure, is not particularly limited (Para. [0220]).
Mimura et al. does not explicitly teach a structural unit (2) based on at least one selected from the group consisting of a monomer (2) represented by formula (2) as claimed, an alkoxysilyl group-containing monomer (3) represented by formula (3) as claimed or a vinyl-monomer being at least one selected from the group consisting of trifluoromethylvinyl, perfluoroethylvinyl and perfluoroethylethervinyl wherein the structural unit (2) is in an amount of 10 to 100 parts by mass relative to 100 parts by mass of the structural unit (1).
However, Iwata et al. teaches a sulfur compound solid electrolyte dispersion paste for secondary batteries (Para. [0026]) comprising an acrylic resin which is a copolymer of starting monomers of a polymerizable unsaturated monomer a1 and a polymerizable unsaturated monomer a3 (Para. [0032]) wherein monomer a3 is perfluorobutylethyl (meth)acrylate (Para. [0043], pg. 4, lines 3-4) wherein “(meth)acrylate” denotes acrylate and/or methacrylate (Para. [0025]) (i.e. teaches perfluorobutylethyl acrylate, reading on structural unit (1) based on a monomer of formula (1) as claimed; and is the same monomer compound as “A-69” of Mimura et al. cited above) and is included in an amount of 1 to 30 mass% of the acrylic resin (Para. [0032]), wherein monomer a1 is isobornyl (meth)acrylate (Para. [0038]) (i.e. a structural unit (2) based on a monomer represented by the formula (2) as claimed, as R1 is a C1 linear alkyl group [-CH3] and R2 is a cross-linked hydrocarbon ring-containing group [isobornyl]), wherein the polymerizable unsaturated monomer a1 is included in an amount of 20 to 99 mass% of the acrylic resin (Para. [0032]) (i.e. wherein the structural unit (2) is in an amount of 3.3-2000 parts by mass relative to 100 parts by mass of the structural unit (1); overlapping with the claimed range of 10 to 100 parts by mass relative to 100 parts by mass of the structural unit (1)).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acrylic resin of Mimura et al. to incorporate the teaching of isobornyl methacrylate (i.e. structural unit (2)) and perfluorobutylethyl acrylate (i.e. structural unit (1)) in the overlapping mass ratio as taught by Iwata et al., as such a polymer would provide increased storage stability (Para. [0032], [0037], [0039]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 5, Mimura et al. teaches an ion-conductive substance is coated with a polymer (i.e. a coating composition) (Para. [0099]) for an all-solid state battery (Para. [0041]) wherein the ion-conductive substance is a sulfide-based inorganic solid electrolyte (Para. [0117]) (i.e. for sulfide-based all-solid-state batteries), the polymer forming binder particles forming the coating comprising an acrylic resin (Para. [0013]) and the method of producing particles is by mixing the ion-conductive substance and the polymer in a solvent (Para. [0276]) wherein the solvent comprises hydrocarbon solvents (i.e. comprising an organic solvent) (Para. [0278]) wherein the acrylic resin comprises one or more monomers such as A-69 (pg. 15):
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wherein the acrylic resin comprising the acrylic monomer A-69 is a fluorine-containing polymer (i.e. a fluorine-containing polymer) wherein the fluorine-containing polymer containing the monomer A-69 reads on a structural unit (1) based on a monomer represented by the formula (1) of the instant claim as X is a C1 linear alkyl group, Y is a C2 hydrocarbon group, and Rf is a C4 is a C4 linear fluoroalkyl group, and wherein the polymer has one or more repeating units or partial structures and the structure of the repeating unit, including the partial structure, is not particularly limited (Para. [0220]).
Mimura et al. does not explicitly teach a structural unit (2) based on at least one selected from the group consisting of a monomer (2) represented by formula (2) as claimed, an alkoxysilyl group-containing monomer (3) represented by formula (3) as claimed or a vinyl-monomer being at least one selected from the group consisting of trifluoromethylvinyl, perfluoroethylvinyl and perfluoroethylethervinyl wherein the structural unit (2) is in an amount of 10 to 100 parts by mass relative to 100 parts by mass of the structural unit (1).
However, Iwata et al. teaches a sulfur compound solid electrolyte dispersion paste for secondary batteries (Para. [0026]) comprising an acrylic resin which is a copolymer of starting monomers of a polymerizable unsaturated monomer a1 and a polymerizable unsaturated monomer a3 (Para. [0032]) wherein monomer a3 is perfluorobutylethyl (meth)acrylate (Para. [0043], pg. 4, lines 3-4) wherein “(meth)acrylate” denotes acrylate and/or methacrylate (Para. [0025]) (i.e. teaches perfluorobutylethyl acrylate, reading on structural unit (1) based on a monomer of formula (1) as claimed; and is the same monomer compound as “A-69” of Mimura et al. cited above) and is included in an amount of 1 to 30 mass% of the acrylic resin (Para. [0032]), wherein monomer a1 is isobornyl (meth)acrylate (Para. [0038]) (i.e. a structural unit (2) based on a monomer represented by the formula (2) as claimed, as R1 is a C1 linear alkyl group [-CH3] and R2 is a cross-linked hydrocarbon ring-containing group [isobornyl]), wherein the polymerizable unsaturated monomer a1 is included in an amount of 20 to 99 mass% of the acrylic resin (Para. [0032]) (i.e. wherein the structural unit (2) is in an amount of 3.3-2000 parts by mass relative to 100 parts by mass of the structural unit (1); overlapping with the claimed range of 10 to 100 parts by mass relative to 100 parts by mass of the structural unit (1)).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acrylic resin of Mimura et al. to incorporate the teaching of isobornyl methacrylate (i.e. structural unit (2)) and perfluorobutylethyl acrylate (i.e. structural unit (1)) in the overlapping mass ratio as taught by Iwata et al., as such a polymer would provide increased storage stability (Para. [0032], [0037], [0039]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 8, Mimura et al. as modified by Iwata teaches all of the elements of the coated particle according to claim 1 as explained above.
Mimura et al. as modified by Iwata further teaches the identical chemical composition of the coated particle of claim 1 as explained above. Accordingly, the coated particle of Mimura et al. as modified by Iwata, with the same chemical composition of instant claim 1, either (a) necessarily possesses the property of ionic conductivity (of 7.1 x 10-4- S/cm or higher) or (b) differences in the ionic conductivity would be slight differences in ranges that would be obvious. With respect to (a): If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(II). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." See MPEP 2112.01. With respect to (b): If it is shown that such characteristics are not present, then any differences (regarding the ionic conductivity) would be small and obvious. Mimura et al. further teaches the ion conductivity for the ion-conductive substance that is encompassed in the binder particles (i.e. the coated particle has an ionic conductivity) of 1x10-7 S/cm or more (Para. [0113]) (i.e. overlapping with the claimed range of 7.1 x 10-4 S/cm or higher). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 10, Mimura et al. as modified by Iwata teaches all of the elements of the coated particle according to claim 1 as explained above.
Mimura et al. does not explicitly teach a structural unit (2) based on at least one selected from the group consisting of a monomer (2) represented by formula (2) as claimed, an alkoxysilyl group-containing monomer (3) represented by formula (3).
However, Iwata et al. teaches a sulfur compound solid electrolyte dispersion paste for secondary batteries (Para. [0026]) comprising an acrylic resin which is a copolymer of starting monomers of a polymerizable unsaturated monomer a1 and a polymerizable unsaturated monomer a3 (Para. [0032]) wherein monomer a3 is perfluorobutylethyl (meth)acrylate (Para. [0043], pg. 4, lines 3-4) wherein “(meth)acrylate” denotes acrylate and/or methacrylate (Para. [0025]) (i.e. teaches perfluorobutylethyl acrylate, reading on structural unit (1) based on a monomer of formula (1) as claimed; and is the same monomer compound as “A-69” of Mimura et al. cited above) wherein monomer a1 is isobornyl (meth)acrylate (Para. [0038]) (i.e. a structural unit (2) based on a monomer represented by the formula (2) as claimed, as R1 is a C1 linear alkyl group [-CH3] and R2 is a cross-linked hydrocarbon ring-containing group [isobornyl]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acrylic resin of Mimura et al. to incorporate the teaching of isobornyl methacrylate (i.e. structural unit (2)) as taught by Iwata et al., as such a polymer would provide increased storage stability (Para. [0032], [0037], [0039]).
Regarding Claim 11, Mimura et al. as modified by Iwata teaches all of the elements of the all-solid-state battery according to claim 4 as explained above.
Mimura et al. does not explicitly teach a structural unit (2) based on at least one selected from the group consisting of a monomer (2) represented by formula (2) as claimed, an alkoxysilyl group-containing monomer (3) represented by formula (3).
However, Iwata et al. teaches a sulfur compound solid electrolyte dispersion paste for secondary batteries (Para. [0026]) comprising an acrylic resin which is a copolymer of starting monomers of a polymerizable unsaturated monomer a1 and a polymerizable unsaturated monomer a3 (Para. [0032]) wherein monomer a3 is perfluorobutylethyl (meth)acrylate (Para. [0043], pg. 4, lines 3-4) wherein “(meth)acrylate” denotes acrylate and/or methacrylate (Para. [0025]) (i.e. teaches perfluorobutylethyl acrylate, reading on structural unit (1) based on a monomer of formula (1) as claimed; and is the same monomer compound as “A-69” of Mimura et al. cited above) wherein monomer a1 is isobornyl (meth)acrylate (Para. [0038]) (i.e. a structural unit (2) based on a monomer represented by the formula (2) as claimed, as R1 is a C1 linear alkyl group [-CH3] and R2 is a cross-linked hydrocarbon ring-containing group [isobornyl]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acrylic resin of Mimura et al. to incorporate the teaching of isobornyl methacrylate (i.e. structural unit (2)) as taught by Iwata et al., as such a polymer would provide increased storage stability (Para. [0032], [0037], [0039]).
Regarding Claim 12, Mimura et al. as modified by Iwata teaches all of the elements of the coated composition according to claim 5 as explained above.
Mimura et al. does not explicitly teach a structural unit (2) based on at least one selected from the group consisting of a monomer (2) represented by formula (2) as claimed, an alkoxysilyl group-containing monomer (3) represented by formula (3).
However, Iwata et al. teaches a sulfur compound solid electrolyte dispersion paste for secondary batteries (Para. [0026]) comprising an acrylic resin which is a copolymer of starting monomers of a polymerizable unsaturated monomer a1 and a polymerizable unsaturated monomer a3 (Para. [0032]) wherein monomer a3 is perfluorobutylethyl (meth)acrylate (Para. [0043], pg. 4, lines 3-4) wherein “(meth)acrylate” denotes acrylate and/or methacrylate (Para. [0025]) (i.e. teaches perfluorobutylethyl acrylate, reading on structural unit (1) based on a monomer of formula (1) as claimed; and is the same monomer compound as “A-69” of Mimura et al. cited above) wherein monomer a1 is isobornyl (meth)acrylate (Para. [0038]) (i.e. a structural unit (2) based on a monomer represented by the formula (2) as claimed, as R1 is a C1 linear alkyl group [-CH3] and R2 is a cross-linked hydrocarbon ring-containing group [isobornyl]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acrylic resin of Mimura et al. to incorporate the teaching of isobornyl methacrylate (i.e. structural unit (2)) as taught by Iwata et al., as such a polymer would provide increased storage stability (Para. [0032], [0037], [0039]).
Claims 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Mimura et al. (US 2018/0277891) in view of Iwata et al. (US 2019/0081353) as applied to claim 1 and 5 above, and further in view of Chiga et al. (JP 2010/033732A), cited in the Information Disclosure Statement received April 26, 2021. The English machine translation provided by Applicant with the Information Disclosure Statement filed April 26, 2021 has been referenced below.
Regarding Claim 6, Mimura et al. as modified by Iwata teaches all of the elements of the coated particle according to claim 1 as explained above.
Mimura et al. does not teach the fluorine-containing polymer is present in an amount of 0.01 to 40 parts by mass relative to 100 parts by mass of the sulfide-based particle.
However, Chiga et al. teaches a coated solid electrolyte comprising a sulfide-based electrolyte coated with a fluorine-containing acrylic resin (Para. [0010]) (i.e. a coated particle comprising a sulfide-based particle and a fluorine-containing polymer that coats a surface of the sulfide-based particle) wherein the coated particle comprises 25 g of the solid electrolyte glass ceramic particles (i.e. of the sulfide-based particle) and 0.5 g of the fluorine-based acrylic resin (i.e. the fluorine-containing polymer) (Para. [0077], [0080]) (i.e. a fluorine-containing polymer is present in an amount of 2 parts by mass relative to 100 parts by mass of the sulfide-based particle, within the claimed range).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mimura et al. to incorporate the teaching of the mass ratio of fluorine-containing polymer to sulfide-based particles as taught in Chiga et al. (i.e. wherein the coated particle comprises 25 g of the sulfide-based particle and 0.5 g of the fluorine-containing polymer), as such a weight ratio would provide for a coated solid electrolyte particle for a lithium battery exhibiting high lithium ion conductivity and having high moisture resistance (Para. [0009]).
Regarding Claim 7, Mimura et al. as modified by Iwata teaches all of the elements of the coated composition according to claim 5 as explained above.
Mimura et al. does not teach the fluorine-containing polymer is present in an amount of 0.001 to 30% by mass relative to the combined amount of the fluorine-containing polymer and the organic solvent.
However, Chiga et al. teaches a coated solid electrolyte comprising a sulfide-based electrolyte coated with a fluorine-containing acrylic resin (Para. [0010]) (i.e. a coating composition for sulfide-based all-solid-state batteries) wherein the coating solution contains a fluorine-containing acrylic resin (i.e. a fluorine-containing polymer) and an organic solvent (Para. [0045]) and the content of the fluorine-containing acrylic resin in the coating liquid is preferably from 0.1 wt% to 10 wt% (Para. [0047]) (i.e. the fluorine-containing polymer is present in an amount of 0.1 to 10% by mass relative to the combined amount of the fluorine-containing polymer and the organic solvent, within the claimed range of 0.001 to 30% by mass).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mimura et al. to incorporate the teaching of the mass ratio of fluorine-containing polymer and the organic solvent in the coating composition as taught in Chiga et al. (i.e. wherein the fluorine-containing polymer is present in an amount of 0.1 to 10% by mass relative to the combined amount of the fluorine-containing polymer and the organic solvent), as such a weight ratio would provide for a coated solid electrolyte particle for a lithium battery exhibiting high lithium ion conductivity and having high moisture resistance (Para. [0009]).
Regarding Claim 9, Mimura et al. as modified by Iwata teaches all of the elements of the coated composition according to claim 5 as explained above.
Mimura et al. does not teach the fluorine-containing polymer is present in an amount of 0.001 to 2% by mass relative to the combined amount of the fluorine-containing polymer and the organic solvent.
However, Chiga et al. teaches a coated solid electrolyte comprising a sulfide-based electrolyte coated with a fluorine-containing acrylic resin (Para. [0010]) (i.e. a coating composition for sulfide-based all-solid-state batteries) wherein the coating solution contains a fluorine-containing acrylic resin (i.e. a fluorine-containing polymer) and an organic solvent (Para. [0045]) and the content of the fluorine-containing acrylic resin in the coating liquid is preferably from 0.1 wt% to 10 wt% (Para. [0047]) (i.e. the fluorine-containing polymer is present in an amount of 0.1 to 10% by mass relative to the combined amount of the fluorine-containing polymer and the organic solvent, overlapping with the claimed range of 0.001 to 2% by mass).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mimura et al. to incorporate the teaching of the mass ratio of fluorine-containing polymer and the organic solvent in the coating composition as taught in Chiga et al. (i.e. wherein the fluorine-containing polymer is present in an amount of 0.1 to 10% by mass relative to the combined amount of the fluorine-containing polymer and the organic solvent), as such a weight ratio would provide for a coated solid electrolyte particle for a lithium battery exhibiting high lithium ion conductivity and having high moisture resistance (Para. [0009]).In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Response to Arguments
Applicant’s arguments filed February 10, 2026 have been fully considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection in light of the amendment.
Applicant’s arguments are drawn to a previous prior art combination and thus, are not persuasive in light of the newly cited prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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