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
The amendment filed December 15, 2025 has been entered and fully considered.
Claims 1-7, 9-12 are pending.
Claim 8 was cancelled.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7, 9-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 was amended to include the new limitation “at least part of the thermoplastic resin adhering to the electroconductive fiber is in a particulate shape” however paragraph [0025] of the original specification cited for support says “Particularly, it is preferred that at least part of the thermoplastic resin adhering to the electroconductive fiber is in a particulate form.” The term “shape” is not used. Because these terms can have different scopes, the new matter rejection is made herein.
Claims 2-7, 9-12 are rejected due to their dependency on claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a1)(a2) as being clearly anticipated by JP 11-255907 (translation provided).
The cited prior art teaches a discontinuous fiber reinforced resin having an average aspect ratio of >30, a specific gravity of < 137 and a volume specific resistance of 0.01 Ω·cm or less ([0022], [0025], [0042]). The material is formed preferably of a carbon conductive fiber bundle ([0016], [0020]) , a thermoplastic polymer and a thermoplastic resin ([0021], [0044]-[0048], [0057]). The material of the prior art meets the present limitations for the electroconductive fiber with a particulate thermoplastic resin adhered to the fiber. The cited reference does not appear to teach the packing or tap density however it appears the material of the prior art is the same as that of the instantly claimed material and for this reason, inherently possess the same characteristics including tap density. “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)”. See MPEP 2112.01 I. The binder can be PVDF [0106] and is preferably added in an amount of 1 to 25 mass % relative to the electroconductive agent [0113]
Allowable Subject Matter
If the new matter rejection of independent claim 1 were overcome, dependent claims 9-12 would be 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: The reinforced fiber material of JP 11-255907 is for a molded article. There is no teaching or suggestion to use the material in an active material for a non-aqueous electrolyte secondary battery. It is also noted the composite material of commonly owned YACHI et al., US 2015/0372309 A1 is of two carbon materials (abstract, [0018], [0131]). The thermoplastic resin taught therein is a binder material and not integrated with the conductive composite material as specifically required in the instant application.
Response to Arguments
Applicant’s arguments, with respect to the rejection of claims 1-7, 9-12 have been fully considered and are persuasive in light of the amendments to independent claim 1. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of JP 11-255907.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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BARBARA L GILLIAM
Supervisory Patent Examiner
Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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