DETAILED ACTION
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 with traverse of Group I (i.e., claims 1-14) in the reply filed on 08/15/25 is acknowledged. The traversal is on the ground(s) that “the Office has failed to show lack of unity of invention…has failed to show in the prior art an electrode slurry with the specific PVD binder characteristics (i.e., viscosity at 9 % in solid, and the weight percent)”. This is not found persuasive because as applicant should be aware of, under PCT Rule 13.1 and 13.2, the groups identified in the office action dated 06/17/25 do not relate to a single general inventive concept because although some of the groups might share or include overlapping, but not fully identical, special technical features or subject, the instant special technical feature does not provide a contribution over the prior art, it is not novel and, indeed, it is known in the art as set forth in the prior art rejection, infra, under Section 102 and/or Section 103 infra. As a result of the prior art rejection, in the present application, lack of unity of the invention is directly evident "a posteriori", after taking the prior art into consideration because it has been established that the special technical feature, which is known in the art, does not define a contribution over the prior art (See MPEP 1850 Unity of Invention Before the International Searching Authority). Hence, all of the arguments articulated by the applicant do not substantiate withdrawal of lack of unity under PCT Rule 13.1-13.2, and under 35 USC 121 and 372 as applicable. The requirement is still deemed proper and is therefore made FINAL.
Applicant’s election of Species I-A-1, I-B-3 and I-C-6 (i.e., claims 1-2 and 6-14) in the reply filed on 02/20/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Acknowledgment is made of applicant’s claim for domestic priority under 35 U.S.C. 119 (e).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/22 and 09/03/25 was considered by the examiner.
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.
Claim(s) 1-2 and 6-14 are rejected under 35 U.S.C. 102a1 as being anticipated by Sasaki et al 2015/0311530.
As to claims 1-2, 7, 14:
Sasaki et al disclose a method of making an electrode slurry (0050-0051; 0003; 0041-0051) for a lithium-ion battery comprising the steps of forming a conductive material slurry comprising a PVDF binder (0025; 0012), a conductive material such as carbon black (0047) and a solvent; and adding an electrode active material comprising an lithium-containing composite oxide such as LiM1O1 where M1 may be Mn, Co, Ni, Fe and the likes and/or LiFePO4 (0044) wherein the amount of the PVDF binder is as small as less than 10 mass/weight percent (0033; 0036). Sasaki et al disclose using 10 mass percent of PVDF (0036). Sasaki et al disclose the amount of the positive electrode binder relative to the total weight of the positive electrode active material, the positive electrode binder and the conductive material is 1-10 weight percent, more preferably 2-6 weight %; and the content of the conductive material can be 1-10 weight % (0049). Examiner’s note: as to the specific solution viscosity (as recited in claims 1 and 14) and the specific acid functionalized PVDF (as recited in claim 14), if so intended: MPEP 2112.01 Composition, Product, and Apparatus Claims: I. PRODUCT AND APPARATUS CLAIMS — WHEN THE STRUCTURE RECITED IN THE REFERENCE IS SUBSTANTIALLY IDENTICAL TO THAT OF THE CLAIMS, CLAIMED PROPERTIES OR FUNCTIONS ARE PRESUMED TO BE INHERENT. 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. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). “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.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See also In re Ludtke, 441 F.2d 660, 169 USPQ 563 (CCPA 1971); Northam Warren Corp. v. D. F. Newfield Co., 7 F. Supp. 773, 22 USPQ 313 (E.D.N.Y. 1934). Further, products of identical chemical composition cannot have mutually exclusive properties, and thus, the claimed characteristics (i.e. the specific solution viscosity and the specific acid functionalized PVDF), are necessarily present in the prior art material. “Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 Composition, Product, and Apparatus Claims. See also In re Papesch, 315 F.2d 381, 391, 137 USPQ 43, 51 (CCPA 1963)“From the standpoint of patent law, a compound and all its properties are inseparable.”
As to claim 6:
In Sasaki et al, the vinylidene fluoride monomer accounts for more than 59.4 mass percent (0028).
As to claims 8-10:
Sasaki et al disclose the use of carbon black, graphite and carbon fiber as a conductive material (0047). Sasaki et al disclose the amount of the positive electrode binder relative to the total weight of the positive electrode active material, the positive electrode binder and the conductive material is 1-10 weight percent, more preferably 2-6 weight %; and the content of the conductive material can be 1-10 weight % (0049).
As to claims 11-12:
Sasaki et al disclose the solid content of the electrode slurry (i.e., the electrode active material) is 90 mass percent or more (0033). Note: this is taken to represent the solids content of the electrode active material/slurry.
As to claim 13:
Sasaki et al disclose the electrode active material comprises a lithium-containing composite oxide such as LiM1O1 where M1 may be Mn, Co, Ni, Fe and the likes and/or LiFePO4 (0044).
Thus, the present claims are anticipated.
Conclusion
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
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