DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12 March 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 18 January 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 excludes the claimed content of polymer binder range as amended. The examiner disagrees. Although Makino teaches the content of the compound (B) is present in an amount more preferably 0.5% by mass or more ([0223]), Makino also 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 teaches the weighted average molecular weight of the compound (B) is most preferably 10000 or less and exemplified as 10000 ([0211], [0221] and [0343]), which meets the claimed Mw and expression (2). Thus one of ordinary skill would at once envisage an embodiment wherein the weighted average molecular weight of the compound (B) is 10000 and the content of the compound (B) is 0.1% by mass, which anticipates the claimed expression (3) since 10,000X0.1 is 1000.
Applicant argues that Makino exemplifies a binder content of 3 to 4% which is an order of magnitude higher than the claimed. 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).
As such the rejection over Makino stands and is reiterated below.
Claim Rejections - 35 USC § 102
Claims 1-12 stand rejected under 35 U.S.C. 102(a)(1) as being anticipated by Makino.
Regarding claims 1, 2 and 9, 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 teaches the weighted average molecular weight of the compound (B) is most preferably 10000 or less exemplified as 10000 ([0211], [0221] and [0343]), which meets the claimed Mw and expression (2). Thus one of ordinary skill would at once envisage an embodiment wherein the weighted average molecular weight of the compound (B) is 10000 and the content of the compound (B) is 0.1% by mass, which anticipates the claimed expression (3) since 10,000X0.1 is 1000.
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-1-7, etc.).
Regarding claim 5, Makino exemplifies a polymer having the structure ([0221]):
PNG
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570
598
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Greyscale
Wherein R meets the claimed LL which is a 6-valent branched group, L6 is a single bond, L7 is a sulfur atom connected to a polymer main chain, n is 6.
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]).
Regarding claim 12, Makino exemplifies a polymer having the structure ([0221]):
PNG
media_image1.png
570
598
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Greyscale
Wherein R minus the end -CH2- group of each branch , i.e.,
PNG
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396
580
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Greyscale
meets the claimed LL which is a 6-valent branched group, L6 is a -CH2- alkylene group, L7 is a sulfur atom connected to a polymer main chain, n is 6.
Conclusion
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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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766