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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-5, in the reply filed on 18 September 2025 is acknowledged.
Claims 6-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 September 2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6 September 2022 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 12 October 2022 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 20 May 2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 23 July 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to naturally occurring products without significantly more. The claim(s) recite(s) a polysaccharide having at least one ion exchange group selected from the group consisting of sulfate groups and alkali metal sulfate groups. This judicial exception is not integrated into a practical application because the claim is drawn only to the binder composition which is a naturally occurring material in the form of carrageenan which is a sulfate group containing polysaccharide. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the only thing required by the instant claims is the composition which is known to be naturally occurring.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jasso et al. (Organic Binder for the lithium-sulfur batteries, ECS Transactions, 87 (1) 93-97 (2018) from the IDS dated 6 September 2022, hereinafter referred to as “Jasso”).
As to Claims 1 and 3: Jasso teaches carrageenan which is linear sulfated polysaccharides (Pg. 2) which are considered to be capable of use as a binder.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arlov et al. (“Heparin-Like Properties of Sulfated Alginates with Defined Sequences and Sulfation Degrees” Biomacromolecules 2014, 15, 2744-2750, hereinafter referred to as “Arlov”).
As to Claim 1 and 3 : Arlov teaches a process for making sulfated alginates (i.e., sulfated polysaccharides) (Pg. 2745, Col. 2) which are capable of use as a binder.
As to Claim 2: Arlov teaches the sulfated polysaccharide of claim 1 (supra). Arlov further teaches that the alginates have a molecular weight of between 12,500 and 13,300 )Pg. 2745, Col. 1) and further teaches the sulfation of the alginates in the same way as the instant claims which would result in the same claimed sulfation amount (Pg. 2745, Col. 2, Pg. 2746, Col. 1).
As to Claim 4: Arlov teaches the sulfated polysaccharide of claim 1 (supra). Arlov further teaches that the polysaccharide is a sulfated alginate alkali metal salt with sodium (Pg. 2745, Col. 2)
As to Claim 5: Arlov teaches the sulfated polysaccharide of claim 1 (supra). Arlov further teaches that the composition has a structure after sulfation of
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56
150
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(Abstract). Which matches the claimed structure and m and n are approximately 35 (Table 1, Pg. 2745, Col 1).
Claims 1, 3, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stancioff et al. (US Patent #3,663,284, hereinafter referred to as “Stancioff”.
As to Claims 1, 3, and 4: Stancioff teaches that water-soluble gums such as sulfated guar are known (Col. 3, Lines 36-45) and therefore are considered to be capable of use as a binder.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J OYER whose telephone number is (571)270-0347. The examiner can normally be reached 9AM-6PM EST M-F.
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/Andrew J. Oyer/Primary Examiner, Art Unit 1767