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 24, 2026:
Claims 1-4, 6-19 and 21 are pending. Claims 5 and 20 have been cancelled as per applicant’s request. Claims 13-15 and 17-19 are withdrawn.
The core of the previous rejection is maintained. 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 1-4, 6, 11-12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Doi (US 2011/0281160) in view of Kishimoto et al. (WO2018/092484), Kawai et al. (WO2018/138976A) and Shimizu et al. (WO2018/092434A). The U.S. versions of Kishimoto et al. (US 2019/0260070) and Kawai et al. (US 2019/0273237) are being used as the English translations and are referenced below. The English machine translation of Shimizu et al. is attached in a prior Office Action and is referenced below.
Regarding Claim 1, Doi teaches an all-solid-state battery (i.e. a solid-state battery) comprises a plurality of laminated bodies (i.e. a solid-state battery laminate including at least one battery constituent unit) including a cathode layer (Fig. 1, #1) (i.e. a positive electrode layer) (Para, [0040]), wherein the cathode layer comprises an electrical conducting material (Para. [0041]) including fibrous carbon material (Para. [0056]) (i.e. the positive electrode layer containing a conductive carbon material), a first current collector (Fig. 1, #6) in contact with the cathode layers (Para. [0046]) (i.e. a positive electrode current collecting portion arranged at an end surface of the positive electrode layer), an anode layer (Fig. 1, #2) (i.e. a negative electrode layer) and a solid electrolyte layer (Fig. 1, #3) between the cathode layer and anode layer (i.e. a solid-state electrolyte interposed between the positive electrode layer and the negative electrode in a stacking direction thereof), and a current collecting portion in contact with the first current collector functions as positive electrode external output terminals (i.e. a positive electrode terminal electrically connected to the positive electrode current collecting portion); and the other current collecting portion (see Fig. 1, #9) in contact with the second current collector functions as negative electrode external output terminals (i.e. a negative electrode terminal electrically connected to the negative electrode layer) (Para. [0053]).
Doi does not explicitly teach the negative electrode layer is directly connected to the negative electrode terminal nor the solid electrolyte layer is in direct contact with both the positive electrode terminal and the negative electrode terminal, a main surface area of the positive electrode layer is smaller than that of the negative electrode layer in a plan view of the solid-state battery laminate and in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction.
However, Kishimoto et al. teaches a negative electrode layer (Fig. 3, #23A) directly and electrically connected to a negative electrode terminal (Fig. 3, #26B) and a solid electrolyte layer (Fig 3, #21) in direct contact with both a positive electrode terminal (Fig. 3, #26A) and a negative electrode terminal (Fig. 3, #26B).
The combination of the negative electrode layer is directly connected to the negative electrode terminal and the solid electrolyte layer is in direct contact with both the positive electrode terminal and the negative electrode terminal as taught by Kishimoto et al, with the battery of Doi, would yield the predictable result of providing a solid electrolyte layer and a negative electrode of a solid-state battery laminate (Para. [0015], [0171]) as each element merely performs the same function as it does separately (functioning as a negative electrode layer and solid electrolyte layer). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was filed to combine the negative electrode layer is directly connected to the negative electrode terminal and the solid electrolyte layer is in direct contact with both the positive electrode terminal and the negative electrode terminal as taught by Kishimoto et al, with the battery of Doi, as the combination would yield the predictable result of providing a solid electrolyte layer and a negative electrode of a solid-state battery laminate (Para. [0015], [0171]). The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
Doi as modified above does not explicitly teach a main surface area of the positive electrode layer is smaller than that of the negative electrode layer in a plan view of the solid-state battery laminate and in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction.
However, Kawai et al. teaches a laminated secondary battery (Para. [0038]) having a solid electrolyte (Para. [0100]) wherein dimensions of a forming region of the electrode material layer of the negative electrode may be set to be slightly larger than the dimensions of a forming region of the electrode material layer of the positive electrode (Para. [0072], see also Fig. 1A and 1B) (i.e. wherein a main surface area of the positive electrode layer is smaller than that of the negative electrode layer in a plan view of the solid-state battery laminate).
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 Doi to incorporate the teaching of dimensions of a forming region of the electrode material layer of the negative electrode may be set to be slightly larger than the dimensions of a forming region of the electrode material layer of the positive electrode as taught by Kawai et al., as this configuration prevents the precipitation of metallic lithium to the negative electrode (Para. [0072]).
Doi as modified above does not explicitly teach in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction.
However, Shimizu et al. teaches an all-solid-state battery comprising a laminate (Fig. 5, #20) comprising a positive electrode (Fig. 5, #22) a solid electrolyte layer (Fig. 5, #21) and a negative electrode (Fig. 5, #23) (i.e. a solid-state laminate including at least one battery constituent unit) including a positive electrode layer (Fig. 5, #22A) wherein the positive electrode layer contains a conductive agent (Para. [0068], wherein the conductive agent is a carbon material (Para. [0041]) (i.e. the positive electrode layer containing a conductive carbon material), a positive electrode current collecting layer (Fig. 5, #22B) (i.e. a positive electrode current collecting portion arranged at end surface of the positive electrode layer), an anode layer (Fig. 5, #23) (.e. a negative electrode layer) and the solid electrolyte layer (i.e. solid-state electrolyte layer) interposed between the positive electrode layer and the electrode layer in a stacking direction there (see Fig. 5), a positive electrode terminal (Fig. 5, #26A) that contacts the positive electrode exposed portion and a negative electrode terminal (Fig. 5, #26B) that contacts the negative electrode exposed portion (i.e. a positive electrode terminal electrically connected to the positive electrode current collecting portion and a negative electrode terminal directly and electrically connected to the negative electrode layer) wherein the periphery of the positive electrode layer is located inside the periphery of the negative electrode layer in the in-plane direction of the laminate (Para. [0122]) (i.e. in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction).
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 Doi et al. to incorporate the teaching of the periphery of the positive electrode layer is located inside the periphery of the negative electrode layer in the in-plane direction of the laminate(i.e. in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction), as such a structure makes possible suppressing deposition of lithium on the peripheral portion of the negative electrode layer, thereby improving safety (Para. [0122]).
Regarding Claim 2, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches wherein the cathode layer (i.e. positive electrode layer) (Fig. 1, #1) and the first current collector (i.e. the positive electrode current collecting portion) (Fig. 1, #6) are in contact with each other at the end surface of the of the cathode layer (i.e. at the end surface of the positive electrode layer), and adjacent to each other in a direction perpendicular to the stacking direction in a sectional view of the solid-state battery laminate (see First Annotated Doi – Fig. 1 below).
Regarding Claim 3, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 2 as explained above.
Doi further teaches wherein the first current collector (i.e. the positive electrode current collecting portion) (Fig. 1, #6) has an upper surface which is flush with an upper surface of the cathode layer (Fig 1, #1) (i.e. of the positive electrode layer) in the stacking direction and a lower surface which is flush with a lower surface of the cathode layer (Fig 1, #1) (i.e. of the positive electrode layer) in the stacking direction (see First Annotated Doi – Fig. 1 below).
Regarding Claim 4, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches wherein the first current collector (i.e. the positive electrode current collecting portion) (Fig. 1, #6) has an upper surface which is flush with an upper surface of the cathode layer (Fig 1, #1) (i.e. of the positive electrode layer) in the stacking direction and a lower surface which is flush with a lower surface of the cathode layer (Fig 1, #1) (i.e. of the positive electrode layer) in the stacking direction (see First Annotated Doi – Fig. 1 below).
First Annotated Doi – Fig. 1
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Regarding Claim 6, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches the fibrous carbon material is represented by carbon nanotubes (i.e. the carbon material is a columnar carbon material) or carbon black compact (i.e. or a granular carbon material) (Para. [0056]).
Regarding Claim 11, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches the cathode layer having a cathode material where lithium ions go in and out and an anode layer having an anode active material where lithium ions go in and out (Para. [0040]) (i.e. wherein the positive electrode layer and the negative electrode layer are layers capable of occluding and releasing a lithium ion).
Regarding Claim 12, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches the first current collector (i.e. the positive electrode current collecting portion) (Fig. 1, #6) has a same width direction dimension as that of the positive electrode as that of the cathode layer (Fig. 1, #1) (i.e. the positive electrode layer) in a plan view in an extending direction of the cathode layer (see Second Annotated Doi – Fig. 1 below).
Second Annotated Doi – Fig 1
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Regarding Claim 16, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches wherein a boundary between the first current collector (i.e. the positive electrode current collecting portion) (Fig. 1, #6) and the positive electrode as that of the cathode layer (Fig. 1, #1) (i.e. the positive electrode layer) has a sectional view shape in a straight line parallel to the stacking direction in a sectional view of the solid-state battery laminate (see First Annotated Doi – Fig. 1 above which is a sectional view and shows the boundary between #6 and #1 being a straight line).
Regarding Claim 21, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches the cathode layer (Fig. 1, #1) (i.e. a positive electrode layer) and a first current collector (Fig. 1, #6) in contact with the cathode layers (Para. [0046]) (i.e. a positive electrode current collecting portion) wherein the boundary between the positive electrode layer and the positive electrode current collecting portion extends in a stacking direction (see First Annotated Doi -- Fig. 1 above showing stacking direction and the boundary between #1 and #6 extending in the stacking direction).
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Doi (US 2011/0281160) in view of Kishimoto et al. (WO2018/092484), Kawai et al. (WO2018/138976A) and Shimizu et al. (WO2018/092434A) as applied to claim 1 above, and further in view of Kusama et al. (US 2021/0083269).
Regarding Claim 7, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi does not explicitly teach a content of the conductive carbon material is 0.5 mass% to 25 mass% with respect to a total amount of the positive electrode layer.
However, Kusama et al. teaches a battery comprising a solid electrolyte (Para. [0020], [0023]) (i.e. a solid-state battery) comprising a positive electrode (Para. [0038]) having an active material-containing layer comprising carbon fiber and granular carbon (Para. [0026]) (i.e. a conductive carbon material) wherein the slurry forming the active material layer (i.e. positive electrode layer) comprises inorganic solid particles, the carbon fiber, the granular carbon, and the binder at amounts of, respectively, 10 parts by mass, 2 parts by mass, 5 parts by mass, and 2 parts by mass to 100 parts by mass of the active material and thus, teaches a content of the conductive carbon material is about 5.9 mass% [ (2+5) / (10+2+5+2+100) ] with respect to a total amount of the positive electrode layer (Para. [0204]) (i.e. within the claimed range of 0.5 mass% to 25 mass% with respect to a total amount of the positive electrode layer).
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 conductive carbon material content of Doi to incorporate the teaching of about 5.9 mass% with respect to a total amount of the positive electrode layer, as such an amount can provide increased electronic conductivity (Para. [0061], [0063]).
Regarding Claim 8, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches the fibrous carbon material is represented by carbon nanotubes (i.e. the carbon material is a columnar carbon material) or carbon black compact (i.e. or a granular carbon material) (Para. [0056]).
Doi does not explicitly teach at least one of: A1: a content of the columnar carbon material is 0.5 mass% to 12 mass% with respect to a total amount of the positive electrode layer; and A2: a content of the granular carbon material is 1.5 mass% to 8 mass% with respect to the total amount of the positive electrode layer.
However, Kusama et al. teaches a battery comprising a solid electrolyte (Para. [0020], [0023]) (i.e. a solid-state battery) comprising a positive electrode (Para. [0038]) having an active material-containing layer comprising carbon fiber and granular carbon (Para. [0026]) (i.e. a conductive carbon material ) wherein the slurry forming the active material layer (i.e. positive electrode layer) comprises inorganic solid particles, the carbon fiber, the granular carbon, and the binder at amounts of, respectively, 10 parts by mass, 2 parts by mass, 5 parts by mass, and 2 parts by mass to 100 parts by mass of the active material and thus, teaches a content of the columnar carbon material is about 1.7 mass% [ (2) / (10+2+5+2+100) ] with respect to a total amount of the positive electrode layer (i.e. within the claimed range of A1: a content of the columnar carbon material is 0.5 mass% to 12 mass% with respect to a total amount of the positive electrode layer) and a content of the granular carbon material is about 4.2 mass% [ (5) / (10+2+5+2+100) ] with respect to a total amount of the positive electrode layer (i.e. within the claimed range of A2: a content of the granular carbon material is 1.5 mass% to 8 mass% with respect to a total amount of the positive electrode layer) (Para. [0204]).
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 conductive carbon material content of Doi to incorporate the teaching of the columnar carbon material and granular carbon material content with respect to a total amount of the positive electrode layer, as such an amount can provide increased electronic conductivity (Para. [0061], [0063]).
Regarding Claim 9, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches the fibrous carbon material is represented by carbon nanotubes (i.e. the carbon material is a columnar carbon material) or carbon black compact (i.e. or a granular carbon material) (Para. [0056]).
Doi does not explicitly teach at least one of: A1: a content of the columnar carbon material is 0.5 mass% to 12 mass% with respect to a total amount of the positive electrode layer; and A2: a content of the granular carbon material is 2.5 mass% to 5.5 mass% with respect to the total amount of the positive electrode layer.
However, Kusama et al. teaches a battery comprising a solid electrolyte (Para. [0020], [0023]) (i.e. a solid-state battery) comprising a positive electrode (Para. [0038]) having an active material-containing layer comprising carbon fiber and granular carbon (Para. [0026]) (i.e. a conductive carbon material ) wherein the slurry forming the active material layer (i.e. positive electrode layer) comprises inorganic solid particles, the carbon fiber, the granular carbon, and the binder at amounts of, respectively, 10 parts by mass, 2 parts by mass, 5 parts by mass, and 2 parts by mass to 100 parts by mass of the active material and thus, teaches a content of the columnar carbon material is about 1.7 mass% [ (2) / (10+2+5+2+100) ] with respect to a total amount of the positive electrode layer (i.e. within the claimed range of A1: a content of the columnar carbon material is 0.5 mass% to 12 mass% with respect to a total amount of the positive electrode layer) and a content of the granular carbon material is about 4.2 mass% [ (5) / (10+2+5+2+100) ] with respect to a total amount of the positive electrode layer (i.e. within the claimed range of A2: a content of the granular carbon material is 2.5 mass% to 5.5 mass% with respect to a total amount of the positive electrode layer) (Para. [0204]).
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 conductive carbon material content of Doi to incorporate the teaching of the columnar carbon material and granular carbon material content with respect to a total amount of the positive electrode layer, as such an amount can provide increased electronic conductivity (Para. [0061], [0063]).
Regarding Claim 10, Doi as modified by Kishimoto et al., Kawai et al. and Shimizu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Doi further teaches the fibrous carbon material is represented by carbon nanotubes (i.e. the carbon material is a columnar carbon material) (Para. [0056]).
Doi does not explicitly teach a content of the columnar carbon material is 0.5 mass% to 4 mass% with respect to a total amount of the positive electrode layer.
However, Kusama et al. teaches a battery comprising a solid electrolyte (Para. [0020], [0023]) (i.e. a solid-state battery) comprising a positive electrode (Para. [0038]) having an active material-containing layer comprising carbon fiber and granular carbon (Para. [0026]) (i.e. a conductive carbon material ) wherein the slurry forming the active material layer (i.e. positive electrode layer) comprises inorganic solid particles, the carbon fiber, the granular carbon, and the binder at amounts of, respectively, 10 parts by mass, 2 parts by mass, 5 parts by mass, and 2 parts by mass to 100 parts by mass of the active material and thus, teaches a content of the columnar carbon material is about 1.7 mass% [ (2) / (10+2+5+2+100) ] with respect to a total amount of the positive electrode layer (i.e. within the claimed range a content of the columnar carbon material is 0.5 mass% to 4 mass% with respect to a total amount of the positive electrode layer) (Para. [0204]).
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 columnar carbon material content of Doi to incorporate the teaching of the columnar carbon material content with respect to a total amount of the positive electrode layer, as such an amount can provide increased electronic conductivity (Para. [0061], [0063]).
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 21, Doi teaches a cathode layer (Fig. 1, #1) (i.e. a positive electrode layer) and a first current collector (Fig. 1, #6) in contact with the cathode layers (Para. [0046]) (i.e. a positive electrode current collecting portion) wherein the boundary between the positive electrode layer and the positive electrode current collecting portion extends in a stacking direction (see First Annotated Doi -- Fig. 1 above showing stacking direction and the boundary between #1 and #6 extending in the stacking direction). Doi does not explicitly teach in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction. Shimizu et al. teaches an all-solid-state battery comprising a positive electrode terminal (Fig. 5, #26A) that contacts a positive electrode exposed portion wherein the periphery of a positive electrode layer is located inside a periphery of the negative electrode layer in the in-plane direction of the laminate (Para. [0122]) (i.e. in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction). However, Shimizu et al. does not teach the boundary between the positive electrode layer and the positive electrode current collecting portion extends in the stacking direction as argued by Applicant. Thus, incorporating the structure of the positive electrode of Shimizu (in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction) with the structure of Doi et al., would remove the structure of the boundary between the positive electrode layer and the positive electrode current collecting portion extends in a stacking direction and thus, the combined teachings would not suggest the structure of claim 21. Thus, none of the prior art alone or in combination teaches, suggests, or renders obvious the claimed invention of claim 21 (a solid-state battery comprising in a plan view, a distance from the positive electrode terminal to a boundary between the positive electrode layer and the positive electrode current collecting portion is greater than a distance from the positive electrode terminal to the negative electrode layer that is adjacent to the positive electrode layer in the stacking direction and wherein the boundary between the positive electrode layer and the positive electrode current collecting portion extends in the stacking direction).
Response to Arguments
Applicant's arguments filed February 24, 2026 have been fully considered but they are not persuasive.
Applicant argues the skilled artisan would have no objective reason to arrive at the solid-state battery of claim 1 based on the art as Shimizu is directed to a structure wherein an electrode layer is stacked on an electrode current collecting layer similar to Kawai and could not reasonably arrive at the claimed invention as recited in claim 1.
Examiner respectfully disagrees. It is unclear why an electrode layer stacked on an electrode current collecting layer would preclude any of the proposed modifications in the rejection of record. Regarding Shimizu, as Shimizu relates to an all-solid-state battery (Para. [0001]) there is a reasonable expectation of success of combining the cited teaching with the all-solids state battery of Doi and Shimizu provides motivation as such a structure makes possible suppressing deposition of lithium on the peripheral portion of the negative electrode layer, thereby improving safety (Para. [0122]). Regarding Kawai, as Kawai related to an all solid state battery (Para. [0014]) there is a reasonable expectation of success of combining the cited teaching with the all-solids state battery of Doi and Kawai provides motivation to combine as the cited structure provides prevents the precipitation of metallic lithium to the negative electrode (Para. [0072]). Thus, the argument is not persuasive and the rejection of record is maintained.
Applicant argues the problems associated with the structures of Kawai and Shimizu are solved by claim 1.
In response to applicant's argument that the battery of claim 1 solves problems associated with Kawai and Shimizu, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Furthermore, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues Kasuma does not cure the deficiencies of the cited art applied to claim 1 and thus, claims 7-10 are patentable.
Examiner respectfully disagrees. With respect to the arguments regarding the 103 rejections, Applicant argues that the prior art used to render obvious the rejected claims (Kasuma) do not cure the deficiencies of the rejection applied to the independent claim. Applicant does not argue how the combination is not proper. Therefore, the Examiner maintains the obviousness rejections and upholds the rejection to the independent claim, as above.
Applicant argues that the dependent claims are distinct from the prior art of record for the same reason as the independent claim.
Examiner respectfully disagrees. The rejection with respect to the independent claim has been maintained, and thus the rejections to the dependent claims are maintained as well.
Conclusion
THIS ACTION IS MADE FINAL. 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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