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 .
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 01/08/2026 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
2. Applicant’s amendments with respect to claims filed on 01/27/2026 have been entered. Claims 1-20 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 1 and 6-16 have been withdrawn from consideration.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. Claim(s) 2-5, 17-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. (Pub. No. US 20230038930 A1) in view of Hibino et al. (Pub. No. US 20210005876 A1).
Regarding claim 2, Fukushima teaches a liquid composition (electrode mixture, see [0122]) comprising: an inorganic oxide (lithium-containing transition metal oxide, see [0122]); and an organic solvent (organic solvent, see [0122], see [0120] where the organic solvent is methyl isobutyl ketone) represented by the following Chemical Formula 1 (methyl isobutyl ketone, see [0120] where the organic solvent is methyl isobutyl ketone, see chemical diagram below), where R.sub.1 (R.sub.1, chemical diagram below) and R.sub.2 (R.sub.2, see chemical diagram below) each independently represent straight (see chemical diagram below, R.sub.2 is a straight chain alkyl) or branched chain alkyl groups (see chemical diagram below, R.sub.1 is a branched chain alkyl) or straight or branched chain alkoxy groups and at least one of R.sub.1 (R.sub.1, chemical diagram below) and R.sub.2 (R.sub.2, see chemical diagram below) represents a branched chain alkyl group (see chemical diagram below, R.sub.1 is a branched chain alkyl) or a branched chain alkoxy group, wherein the organic solvent (organic solvent, see [0122], see [0120] where the organic solvent is methyl isobutyl ketone) has a topological index chi4v of 0.3 or greater (0.57, as evidenced by instant specification Table 2, Example 6, IUPAC name for methyl isobutyl ketone is 4-methyl-2-pentanone which has a chai4v of 0.57), but fails to teach wherein the liquid composition has a viscosity of 200 mPa.Math.s or less.
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Chemical Diagram provided as additional evidence by PubChem (PubChem 2021)
However, Hibino teaches wherein the liquid composition (composite for forming an electrode, see [0019]) has a viscosity of 200 mPa.Math.s or less (200 mPa/s, see [0019]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Fukushima such that the viscosity of the electrode mixture is 200 mPa/s or less as taught by Hibino to improve the discharge stability (see [0019] of Hibino). Further Fukushima teaches that modifications can be made (see [0141] of Fukushima).
Regarding claim 3, Fukushima in view of Hibino teaches wherein the topological index chi4v is 0.4 or greater (0.57, as evidenced by instant specification Table 2, Example 6, IUPAC name for methyl isobutyl ketone is 4-methyl-2-pentanone which has a chai4v of 0.57).
Regarding claim 4, Fukushima in view of Hibino teaches wherein the topological index chi4v is 0.5 or greater (0.57, as evidenced by instant specification Table 2, Example 6, IUPAC name for methyl isobutyl ketone is 4-methyl-2-pentanone which has a chai4v of 0.57).
Regarding claim 5, Fukushima in view of Hibino teaches wherein, in the Chemical Formula 1 (methyl isobutyl ketone, see [0120] where the organic solvent is methyl isobutyl ketone, see chemical diagram above), R.sub.2 (R.sub.2, see chemical diagram above) represents a straight chain (see chemical diagram above, R.sub.2 is a straight chain alkyl) or branched chain alkyl group and R.sub.1 (R.sub.1, chemical diagram above) represents a branched chain alkyl group (see chemical diagram below, R.sub.1 is a branched chain alkyl group).
Regarding claim 17, Fukushima in view of Hibino teaches wherein the liquid composition (electrode mixture, see [0122]) has a solid content of 60 percent by mass or greater (60 to 80% by mass, see [0121] wherein the lithium-containing transition metal oxide, the binder, and the carbon nanomaterial make up 60-80% by mass of the electrode mixture so it is at least 60-80% by mass solid content).
Regarding claim 18, Fukushima in view of Hibino teaches the liquid composition (electrode mixture, see [0122]) of claim 2 (see rejection of claim 2 above) but is silent regarding an inkjet composition comprising the liquid composition.
However, Hibino teaches an inkjet composition (composite for forming an electrode includes an active material and macromolecular particles, and can be discharged by an inkjet method, see [0010]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Fukushima in view of Hibino such that the electrode mixture as taught by Fukushima in view of Hibino is used in an inkjet method of discharging therefore being an inkjet composition as taught by Hibino to precisely control discharge, and achieve high durability of the discharged composition (see [0006] of Hibino). Further Fukushima in view of Hibino teaches that modifications can be made (see [0141] of Fukushima).
Regarding claim 20, Fukushima in view of Hibino is silent as to wherein an index of dispersibility of the inorganic oxide in the liquid composition is 1.5 or less.
However, Fukushima in view of Hibino teaches a liquid composition with the same composition and characteristics as the claimed invention, and as evidenced by Table 3 Example 6 of the instant published application shows a composition with methyl isobutyl ketone has an index of dispersibility of 1.5 or less. Therefore, it is the Examiners position if the index of dispersibility of inorganic oxide in the liquid composition as taught by Fukushima in view of Hibino were measured in the same way, the liquid composition would exhibit an index of dispersibility of 1.5 or less, or exhibit a range which overlaps the claimed range in a way that obviates the claimed range.
5. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. (Pub. No. US 20230038930 A1) in view of Hibino et al. (Pub. No. US 20210005876 A1) as applied to claim 1 above, and further in view of Kazutaka (Pub. No. JP 2011138760 A).
Regarding claim 19, Fukushima in view of Hibino fails to teach wherein an index of dispersibility of the inorganic oxide in the liquid composition is greater than 1.5 and 2.0 or less.
However, Kazutaka teaches an organic solvent (oxygen-containing organic compound, see [0015]) represented by the following Chemical Formula 1 (isoamyl acetate, see [0016], see chemical diagram below), where R.sub.1 (R.sub.1, chemical diagram below) and R.sub.2 (R.sub.2, see chemical diagram below) each independently represent straight (see chemical diagram below, R.sub.2 is a straight chain alkyl) or branched chain alkyl groups or straight or branched chain alkoxy groups (see chemical diagram below, R.sub.1 is a branched chain alkoxy group) and at least one of R.sub.1 (R.sub.1, chemical diagram below) and R.sub.2 (R.sub.2, see chemical diagram below) represents a branched chain alkyl group or a branched chain alkoxy group (see chemical diagram below, R.sub.1 is a branched chain alkoxy group), wherein the organic solvent (oxygen-containing organic compound, see [0015]) has a topological index chi4v of 0.3 or greater (0.44, as evidenced by instant specification Table 2, Example 5).
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Chemical Diagram provided as additional evidence provided by PubChem (PubChem 2018)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Fukushima in view of Hibino to substitute methyl isobutyl ketone as taught by Fukushima in view of Hibino for isoamyl acetate as taught by Kazutaka as an art effective equivalent organic solvent for the same purpose of achieving uniform electrode active material layer (see [0015] of Kazutaka, further see [0016] of Kazutaka teaches methyl isobutyl ketone as an equivalent compound). Further, Fukushima in view of Hibino teaches that modifications can be made (see [0141] of Fukushima).
Therefore, although Fukushima in view of Hibino in view of Kazutaka is silent to wherein an index of dispersibility of the inorganic oxide in the liquid composition is greater than 1.5 to 2.0 or less, however Fukushima in view of Hibino in view of Kazutaka teaches a liquid composition with the same composition and characteristics as the claimed invention, and as evidenced by Table 3 Example 5 of the instant published application shows a composition with isoamyl acetate has an index of dispersibility of greater than 1.5 to 2.0 or less. Therefore, it is the Examiners position if the index of dispersibility of inorganic oxide in the liquid composition as taught by Fukushima in view of Hibino in view of Kazutaka were measured in the same way, the liquid composition would exhibit an index of dispersibility of greater than 1.5 to 2.0 or less, or exhibit a range which overlaps the claimed range in such a way as to obviate the claimed range.
Response to Arguments
6. Applicant’s arguments with respect to claim(s) 2-5 and 17-20 have been considered but are moot because the new ground of rejection does not rely on the same combination or interpretation of references previously applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
7. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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