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 .
Status of Claims
The Applicant’s amendment and arguments, filed 08/29/2025, has been entered. Claims 1, 13, and 15 are amended; claim 2 is canceled; claims 3-12, 14, and 16-26 stand as originally or previously presented; and claims 27-29 are withdrawn. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 05/29/2025 has been maintained (and altered as required by amendment), as set forth below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 5-6, 8-19, 21-23, and 25-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pan et al. (US 20180241032 A1, hereinafter Pan).
Regarding Claim 1, Pan discloses the limitations regarding an anode active material layer for a lithium battery (Pan, anode active material layer for a lithium battery, Abstract), said anode active material layer comprising:
a) 50% to 95% by weight (Pan, an anode composition includes 85 wt. % active material, [0120], Table 3; the disclosed range of 85 wt% falls within the claimed range of 50% to 95% by weight) of multiple anode active material particles (Pan, anode active material layer comprising multiple particulates of an anode active material, Claim 1);
b) 0.01% to 30% by weight of a conductive additive (Pan, an anode composition includes 7 wt. % acetylene black, [0120]; the disclosed range of 7 wt% falls within the claimed range of 0.01% to 30% by weight); and
c) a high-elasticity polymer having a recoverable tensile strain from 5% to 1,000% when measured without an additive or reinforcement in said polymer (Pan, the anode active material layer comprises multiple particulates of an anode active material, wherein the particulate is composed of one or a plurality of anode active material particles being embraced or encapsulated by a thin layer of a high-elasticity polymer having a recoverable tensile strain no less than 10%, typically 10-700%, when measured without an additive or reinforcement in the polymer under uniaxial tension, [0017]; the disclosed tensile strain of 10-700% falls within the claimed range of from 5% to 1,000%) and
a lithium ion conductivity no less than 10-6 S/cm at room temperature (Pan, a high-elasticity polymer having a lithium ion conductivity typically no less than 10-3 S/cm at room temperature, [0017]; the disclosed lithium ion conductivity of no less than 10-3 S/cm falls within the claimed range of from no less than 10-6 S/cm) wherein said high-elasticity polymer comprises
an elastomer or rubber (Pan, the high-elasticity polymer is mixed with an elastomer selected from styrene-butadiene rubber, [0021]) and
a lithium ion-conducting phase comprising plastic crystal domains and/or organic plasticizer domains (Pan, the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), [0036]; as demonstrated in Instant Specification Page 10, lines 3-14, and Claim 6, the organic species in the plastic crystal/organic domain phase may be selected from acrylonitrile and a polymerized version thereof), wherein:
the elastomer or rubber and the lithium ion-conducting phase, separately or in combination, form a network of lithium ion-conducting pathways (Pan, conductive paths formed by the conductive additive, [0060]);
the amount of conductive additive is sufficient to form a network of electron-conducing pathways that are in electrical contact with the anode active material particles (Pan, conductive paths formed by the conductive additive, [0060]); and
the high-elasticity polymer bonds, encapsulates, embraces, or coats on the surfaces of the anode active material particles (Pan, an anode active material being encapsulated by a thin layer of inorganic filler-reinforced elastomer, Abstract) and
the conductive additive so as to maintain the structural integrity of the anode electrode, preventing interruption of the electron- and lithium ion- conducting pathways when the anode active material particles repeatedly expand and shrink in volume during battery cycling (Pan, a wide variety of lithium ion-conducting additives were added to several different sulfonated elastomer composites to prepare encapsulation shell materials for protecting core particles of an anode active material, [0138]), wherein
the elastomer or rubber is selected from natural polyisoprene, synthetic polyisoprene, polybutadiene, chloroprene rubber, polychloroprene, butyl rubber, nitrile rubber, ethylene propylene rubber, ethylene propylene diene rubber, epichlorohydrin rubber, polyacrylic rubber, silicone rubber, fluorosilicone rubber, perfluoroelastomers, polyether block amides, chlorosulfonated polyethylene, ethylene-vinyl acetate, thermoplastic elastomer, protein resilin, protein elastin, ethylene oxide-epichlorohydrin copolymer, polyurethane, urethane-urea copolymer, or a combination thereof (Pan, the high-elasticity polymer is mixed with an elastomer selected from natural polyisoprene, synthetic polyisoprene, polybutadiene, chloroprene rubber, polychloroprene, butyl rubber, nitrile rubber, ethylene propylene rubber, ethylene propylene diene rubber, epichlorohydrin rubber, polyacrylic rubber, silicone rubber, fluorosilicone rubber, perfluoroelastomers, polyether block amides, chlorosulfonated polyethylene, ethylene-vinyl acetate, thermoplastic elastomers, protein resilin, protein elastin, ethylene oxide-epichlorohydrin copolymer, polyurethane, urethane-urea copolymer, and combinations thereof, [0029]).
Regarding Claim 3, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein said high-elasticity polymer contains a lithium salt dispersed or dissolved in the elastomer or rubber and/or in the lithium ion-conducting phase (Pan, the high-elasticity polymer is a polymer matrix composite containing a lithium ion-conducting additive dispersed in a high-elasticity polymer matrix material, wherein the lithium ion-conducting additive contains a lithium salt, [0031]).
Regarding Claim 5, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein the elastomer or rubber and the plastic crystal or organic plasticizer domain form co-continuous phases exhibiting a lithium-ion conductivity no less than 10-5 S/cm (Pan, a high-elasticity polymer having a lithium ion conductivity typically no less than 10-3 S/cm at room temperature, [0017]; the disclosed lithium ion conductivity of no less than 10-3 S/cm falls within the claimed range of from no less than 10-5 S/cm).
Regarding Claim 6, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein the plastic crystal or organic plasticizer domains comprise a mixture of a lithium salt (Pan, the high-elasticity polymer is a polymer matrix composite containing a lithium ion-conducting additive dispersed in a high-elasticity polymer matrix material, wherein the lithium ion-conducting additive contains a lithium salt, [0031]) and an organic plasticizer selected from acrylonitrile, a polymerized version thereof, or a combination thereof (Pan, the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), [0036]).
Regarding Claim 8, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses that the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), (Pan, [0036]).
The Examiner notes that Claim 8 is directed towards an optional variation of Claim 6, and thus, Claim 8 does not state that “the sulfone or sulfide is selected from vinyl sulfone, allyl sulfone, alkyl vinyl sulfone, aryl vinyl sulfone, vinyl sulfide, a vinyl- containing variant of TrMS, MTrMS, TMS, EMS, MMES, EMES, EMEES, or a combination thereof.” According, if it was selected that “the sulfone or sulfide is selected from vinyl sulfone, allyl sulfone, alkyl vinyl sulfone, aryl vinyl sulfone, vinyl sulfide, a vinyl-containing variant of TrMS, MTrMS, TMS, EMS, MMES, EMES, EMEES, or a combination thereof,” it would then require the limitation.
Regarding Claim 9, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses that the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), (Pan, [0036]).
The Examiner notes that Claim 9 is directed towards an optional variation of Claim 6, and thus, Claim 9 does not state that “the vinyl sulfone or sulfide is selected from ethyl vinyl sulfide, allyl methyl sulfide, phenyl vinyl sulfide, phenyl vinyl sulfoxide, allyl phenyl sulfone, allyl methyl sulfone, divinyl sulfone, or a combination thereof, wherein the vinyl sulfone does not include methyl ethylene sulfone and ethyl vinyl sulfone.” According, if it was selected that “the vinyl sulfone or sulfide is selected from ethyl vinyl sulfide, allyl methyl sulfide, phenyl vinyl sulfide, phenyl vinyl sulfoxide, allyl phenyl sulfone, allyl methyl sulfone, divinyl sulfone, or a combination thereof, wherein the vinyl sulfone does not include methyl ethylene sulfone and ethyl vinyl sulfone,” it would then require the limitation.
Regarding Claim 10, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses that the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), (Pan, [0036]).
The Examiner notes that Claim 10 is directed towards an optional variation of Claim 6, and thus, Claim 10 does not state that “the nitrile comprises a dinitrile or is selected from AND, GLN, SEN, succino-nitrile, or a combination thereof.” According, if it was selected that “the nitrile comprises a dinitrile or is selected from AND, GLN, SEN, succino-nitrile, or a combination thereof,” it would then require the limitation.
Regarding Claim 11, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses that the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), (Pan, [0036]).
The Examiner notes that Claim 11 is directed towards an optional variation of Claim 6, and thus, Claim 11 does not state that “the phosphate is selected from allyl-type, vinyl-type, styrenic-type and (meth)acrylic-type monomers bearing a phosphonate moiety.” According, if it was selected that “the phosphate is selected from allyl-type, vinyl-type, styrenic-type and (meth)acrylic-type monomers bearing a phosphonate moiety,” it would then require the limitation.
Regarding Claim 12, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses that the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), (Pan, [0036]).
The Examiner notes that Claim 12 is directed towards an optional variation of Claim 6, and thus, Claim 12 does not state that “phosphate, phosphonate, phosphonic acid, phosphazene, or phosphite is selected from TMP, TEP, TIP, TIDP, DIPOF, DMMP, DMMEMP, tris(trimethylsilyl)phosphite (TTSPi), alkyl phosphate, triallyl phosphate (TAP), a combination thereof.” According, if it was selected that “phosphate, phosphonate, phosphonic acid, phosphazene, or phosphite is selected from TMP, TEP, TIP, TIDP, DIPOF, DMMP, DMMEMP, tris(trimethylsilyl)phosphite (TTSPi), alkyl phosphate, triallyl phosphate (TAP), a combination thereof,” it would then require the limitation.
Regarding Claim 13, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses that the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN), (Pan, [0036]).
The Examiner notes that Claim 13 is directed towards an optional variation of Claim 6, and thus, Claim 13 does not state that “the siloxane or silane is selected from alkylsiloxane (Si-O), alkylsilane (Si-C), liquid oligomeric silaxane (-Si-O-Si-), or a combination thereof.” According, if it was selected that “the siloxane or silane is selected from alkylsiloxane (Si-O), alkylsilane (Si-C), liquid oligomeric silaxane (-Si-O-Si-), or a combination thereof,” it would then require the limitation.
Regarding Claim 14, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein said lithium salt is selected from lithium perchlorate (LiClO4), lithium nitrate (LiNO3), lithium hexafluorophosphate (LiPF6), lithium borofluoride (LiBF4), lithium hexafluoroarsenide (LiAsF6) (Pan, the high-elasticity polymer is a polymer matrix composite containing a lithium ion-conducting additive dispersed in a high-elasticity polymer matrix material, wherein the lithium ion-conducting additive contains a lithium salt selected from lithium perchlorate, lithium hexafluorophosphate, lithium borofluoride, lithium hexafluoroarsenide, [0031]).
Regarding Claim 15, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses the high-elasticity polymer is mixed with an elastomer selected from styrene-butadiene rubber, (Pan, [0021]).
The Examiner notes that Claim 15 is directed towards an optional variation of Claim 2, and thus, Claim 15 does not state that “the rubber or elastomer has been selected to be chemically substituted version comprises a H atom being substituted with an alkali cation selected from Li+, Na+, K+, NH4+, or a combination thereof.” According, if it was selected that “the rubber or elastomer has been selected to be chemically substituted version comprises a H atom being substituted with an alkali cation selected from Li+, Na+, K+, NH4+, or a combination thereof,” it would then require the limitation.
Regarding Claim 16, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein the conductive additive comprises a graphite, graphene, or carbon material (Pan, an anode electrode that contains conductive additive (e.g. expanded graphite flakes, carbon black, acetylene black, or carbon nanotube, [0035]).
Regarding Claim 17, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), said graphite, graphene, or carbon material is selected from carbon black (Pan, an anode electrode that contains conductive additive (e.g. expanded graphite flakes, carbon black, acetylene black, or carbon nanotube, [0035]).
Regarding Claim 18, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein said anode active material is selected from the group consisting of: (a) silicon (Si), (g) prelithiated versions thereof; and (i) combinations thereof (Pan, the anode active material is selected from the group consisting of: (a) silicon (Si) or (d) prelithiated versions thereof, [0045]).
Regarding Claim 19, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein said anode active material contains a prelithiated Si (Pan, anode active material contains a prelithiated Si, Claim 6), wherein said anode active material is lithiated to contain from 0.1% to 54.7% by weight of lithium (Pan, anode active material is lithiated to contain from 0.1% to 54.7% by weight of lithium, Claim 25).
Regarding Claim 21, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein one or a plurality of said particles is coated with a layer of carbon or graphene (Pan, the anode active material particles may be coated with or embraced by a conductive protective coating, selected from a carbon material or graphene, [0027]) disposed between said one or said plurality of particles and said high-elasticity polymer (Pan, one particle or a cluster of particles may be coated with or embraced by a layer of carbon disposed between the particle(s) and the high-elasticity polymer layer (the encapsulating shell), [0025]).
Regarding Claim 22, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein said high-elasticity polymer comprises a blend, copolymer, crosslinked network, or interpenetrating network of the elastomer or rubber and an electron-conducting polymer comprising chains of a conjugated polymer selected from polyaniline (Pan, the anode active material layer wherein said high-elasticity polymer is mixed with an electron-conducting polymer selected from polyaniline or polypyrrole, Claim 21).
Regarding Claim 23, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein the elastomer or rubber forms a mixture or blend with a lithium ion-conducting polymer selected from poly(ethylene oxide) (Pan, the anode active material layer wherein the high-elasticity polymer forms a mixture or blend with a lithium ion-conducting polymer selected from poly(ethylene oxide) (PEO), Claim 22).
Regarding Claim 25, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding a lithium battery comprising an anode, a cathode, and an electrolyte in ionic contact with said anode and said cathode (Pan, a lithium battery containing an optional anode current collector, an anode active material layer, a cathode active material layer, an optional cathode current collector, an electrolyte in ionic contact with said anode active material layer and said cathode active material layer, and an optional porous separator, Claim 27).
Regarding Claim 26, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding the lithium battery, further including an ion-conducting separator (Pan, providing an electrolyte in ionic contact with the anode and the cathode and an optional separator electrically separating the anode and the cathode, Claim 27 and Claim 29).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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 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 for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 20180241032 A1, hereinafter Pan), as applied to Claim 1 above.
Regarding Claim 4, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract), wherein the high-elasticity polymer comprises from 5% to 95% by weight of plastic crystal domains and/or organic plasticizer domains dispersed in or connected to the elastomer or rubber (Pan, the high-capacity polymer is a polymer matrix composite containing from 0.1% to 50% (preferably 1% to 35%) by weight of a lithium ion-conducting additive dispersed in a high-capacity polymer matrix material, [0078]; the disclosed weight% range of 0.1% to 50% by weight overlaps with the claimed range of 5% to 95% by weight).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 20180241032 A1, hereinafter Pan), as applied to Claim 1 above, in view of Luo et al. (US 20100129704 A1, hereinafter Luo).
Regarding Claim 7, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan discloses the elastomeric matrix material contains a mixture or blend of a sulfonated elastomer and a lithium ion-conducting polymer selected from poly(acrylonitrile) (PAN) (Pan, [0036]). Pan is silent regarding the organic plasticizer has a molecular weight less than 10,000 g/mole.
Luo discloses a negative electrode material comprising a silicon negative active material and a polymer (Luo, [0012]). Luo discloses a polymer selected from polyacrylonitrile, wherein the number average molecular weight of the polymer is in a range of between about 1 x 103, or 1,000, and about 1 x 106, or 1,000,000 (Luo, [0019]).
Luo teaches that the polymer increases the interactions between the negative active materials and improve the performance of the Si negative electrode (Luo, [0019]).
Luo and Pan are analogous to the current invention as they are directed to an anode active material comprising polyacrylonitrile.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the anode active material of Pan to be routinely designed using polyacrylonitrile having a number average molecular weight in a range of between 1 x 103, or 1,000, and about 1 x 106, or 1,000,000, as taught by Luo, in order to increase the interactions between the negative active materials and improve the performance of the Si negative electrode. In addition, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Claims 20 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 20180241032 A1, hereinafter Pan), as applied to Claim 1 above, in view of Minami et al. (US 20150372294 A1, hereinafter Minami).
Regarding Claim 20 and 24, Pan discloses all of the claim limitations as set forth above. Pan discloses the limitations regarding an anode active material layer (Pan, anode active material layer for a lithium battery, Abstract). Pan is silent regarding said anode active material particles are porous (Claim 20) and the anode active material layer contains therein from 10% to 70% by volume of pores (Claim 24).
Minami discloses a negative electrode active material comprising of silicon, wherein the percentage of the total volume of the pores relative to the total volume of the negative electrode active material is preferably 1 to 60% (Minami, [0039]; the disclosed pore volume range of 1 to 60% overlaps with the claimed range of 10% to 70%).
Minami teaches that when the porosity is within the above range, the volume change due to charge and discharge can be efficiently reduced (Minami, [0039]). Minami and Pan are analogous to the current invention as they are directed towards a negative electrode active material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the anode active material of Pan to have pores (Claim 20) and the pore volume is preferably 1 to 60% (Claim 24), as taught by Minami, in order to efficiently reduce the volume change due to charge and discharge. In addition, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Response to Arguments
Applicant's arguments (filed 08/29/2025) with respect to Claim 1 have been fully considered but they are not persuasive.
Applicant argues that the combination of the prior references does not show or suggest the remaining claim limitations with -- wherein the elastomer or rubber is selected from natural polyisoprene, synthetic polyisoprene, polybutadiene, chloroprene rubber, polychloroprene, butyl rubber, butyl acrylic rubber, nitrile rubber, ethylene propylene rubber, ethylene propylene diene rubber, epichlorohydrin rubber, polyacrylic rubber, silicone rubber, polysiloxane, fluorosilicone rubber, perfluoroelastomers, polyether block amides, chlorosulfonated polyethylene, ethylene-vinyl acetate, thermoplastic elastomer, protein resilin, protein elastin, ethylene oxide- epichlorohydrin copolymer, polyurethane, urethane-urea copolymer, poly(phosphazene), a copolymer thereof, a chemically substituted version thereof, a chemical derivative thereof, a sulfonated version thereof, or a combination thereof.
The Examiner respectfully disagrees and submits that Pan discloses that the high-elasticity polymer is mixed with an elastomer selected from natural polyisoprene, synthetic polyisoprene, polybutadiene, chloroprene rubber, polychloroprene, butyl rubber, nitrile rubber, ethylene propylene rubber, ethylene propylene diene rubber, epichlorohydrin rubber, polyacrylic rubber, silicone rubber, fluorosilicone rubber, perfluoroelastomers, polyether block amides, chlorosulfonated polyethylene, ethylene-vinyl acetate, thermoplastic elastomers, protein resilin, protein elastin, ethylene oxide-epichlorohydrin copolymer, polyurethane, urethane-urea copolymer, and combinations thereof, (Pan, [0029]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.N./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
Prosecution Insights