DETAILED ACTION
Claims 1-4 and 6-14 are pending as amended on 25 June 2026.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant’s amendments to the claims and the remarks/arguments have been entered and fully considered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9 June 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment and Arguments
Applicant’s amendment does not distinguish from US2017/0352917A1 (Makino).
Applicant’s arguments in light of the amendment have been fully considered but are not persuasive.
Applicant argues that Makino does not teach the specific residue structure of Formula (S3) and Expression (3b) as amended. The examiner disagrees. Makino explicitly teaches that the content of the compound (B) is preferably present in an amount of 0.1% by mass or more ([0223]), which anticipates the embodiment of 0.1% and meets the claimed α and expression (1). Makino further exemplifies a compound B-2 ([0221]):
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126
502
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Greyscale
Wherein
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400
662
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thus the group
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100
226
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Greyscale
is a 4-valenet branched group, which meets the claimed formula (S-3) wherein L6 is a single bond or a -CH2- group (i.e., R minus the end -CH2- of each of the four branches connected through S to a polymer), L7 is sulfur and n is 4.
Makino discloses that B-2 has a molecular weight of 21000 ([0345], compound B-2), which meets the claimed Mw and expression (2), and anticipates the claimed expression (3b) since (-4.4X105X0.1+3.4X105)= 296000 when the content of the compound (B-2) is 0.1% by mass ([0223]). As such, Makino teaches the specific residue structure of Formula (S3) and Expression (3b) as amended.
Applicant maintains that Makino exemplifies a binder content of 3 to 4% which is outside the claimed range. However, MPEP 2123 II [R-08.2012] states: “Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments” . In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). Furthermore, "[t]he prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed…." In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Applicant argues that the instant parameters/structure combination provide surface smoothness of A rating and excellent low temperature ion-conductivity, however, Makino teaches the instantly claimed structure, molecular weight and content which satisfy the claimed parameters therefore would inherently results in similar properties.
As such the rejection over Makino stands.
Claim Rejections - 35 USC § 102
Claims 1-12 stand and new claims 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Makino.
Regarding claims 1, 2, 9 and 12-14, Makino teaches an all solid state secondary battery comprises a positive electrode active material layer; a negative electrode active material layer; and an inorganic solid electrolyte layer disposed between the positive electrode active material layer and the negative electrode active material layer, in which at least one layer of the positive electrode active material layer, the negative electrode active material layer, or the inorganic solid electrolyte layer includes a solid electrolyte composition ([0042]), wherein the solid electrolyte composition comprises:
an inorganic solid electrolyte (A) having a conductivity of ions of metals belonging to Group I or II of the periodic table; and
a compound (B) ([0012]), wherein the compound (B) comprises polymers or copolymers of vinyl monomer residues such as methacrylic acid ([0150][, [0165[ and [0169]-[0171]), which meets the claimed polymer binder (B).
Makino teaches that the content of the compound (B) is present in an amount preferably 0.1% by mass or more of the total solid content of the solid electrolyte([0223]), which anticipates the embodiment of 0.1% by mass and meets the claimed α and expression (1).
Makino further exemplifies a compound B has the structure of (B-2) ([0221]):
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media_image1.png
126
502
media_image1.png
Greyscale
Wherein
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media_image2.png
400
662
media_image2.png
Greyscale
thus the group
PNG
media_image3.png
100
226
media_image3.png
Greyscale
is a 4-valenet branched group, which meets the claimed formula (S-3) wherein L6 is a single bond or a -CH2- group (i.e., R minus the end -CH2- of each of the four branches connected through S to a polymer), L7 is sulfur and n is 4.
Makino discloses that B-2 has a molecular weight of 21000 ([0345], compound B-2), which meets the claimed Mw and expression (2), and anticipates the claimed expression (3b) since (-4.4X105X0.1+3.4X105)= 296000 when the content of the compound (B-2) is 0.1% by mass ([0223]).
Regarding claim 3, Makino teaches that the monomer residue comprises a hydrocarbon group having 8 or more carbon atoms in a side chain ([0163]), exemplified as a C16 residue ([0221], B-4).
Regarding claim 4, Makino teaches a plurality of mercaptan are introduced into a terminal of the polymer ([0218] and [0221], B-2, 4, etc.).
Regarding claim 6, Makino teaches that the inorganic solid electrolyte is sulfide-based ([0076]).
Regarding claim 7, Makino teaches that the solid electrolyte comprises an active material ([0242]).
Regarding claim 8, Makino teaches a sheet comprising the inorganic solid electrolyte layer ([0040]).
Regarding claims 10 and 11, Makino teaches a method for manufacturing an electrode sheet for a battery, comprising: a step of applying the solid electrolyte composition using a coating method onto a collector to form an inorganic solid electrolyte-containing layer ([0041] and [0312]), and a method for manufacturing an all solid state secondary battery, in which an all solid state secondary battery is manufactured using the electrode sheet for a battery ([0049]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-2721302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766
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