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 .
Status of Claims
Claim 1 is amended. Claims 1-13 are currently pending.
Claim Rejections - 35 USC § 103
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Isojima (US 2021/0242465 A1) in view of Yasuda (US 2021/0320322 A1).
Regarding claims 1-5 & 7-11, Isojima teaches an all-solid state secondary battery (10) (Fig. 1; [0317]) comprising, in the following order: a positive electrode active material layer (4) (Fig. 1; [0317]); a solid electrolyte layer (3) (Fig. 1; [0317]); and a negative electrode active material layer (2) (Fig. 1; [0317]), wherein at least one of the layers comprises a sheet of an inorganic solid electrolyte-containing composition comprising: a sulfide-based inorganic solid electrolyte having Li-ion conductivity ([0066]-[0078]); a polymer binder ([0154]-[0248]); an active material ([0091]-[0117]); a conductive auxiliary agent ([0267]-[0270]) and a dispersion medium ([0271]-[0286]), wherein the polymer binder is dissolved in the dispersion medium and contains a graft polymer including a block polymer in a main chain thereof and having an SP value of 14 to 21.5 MPa1/2 and an elastic modulus greater than 1 MPa ([0179]-[0195], [0248], [0261] & [0273]), and wherein a main chain or side chain of the polymer has a constitutional component represented by Formula (LF) or (LS) ([0155], [0159]-[0161], [0179]-[0180] & [0216]-[0221]). However, Isojima is silent as to the polymer having a surface energy of 20 mN/m or less and a solubility of the polymer binder in the dispersion medium being 80% or more. Yasuda teaches a solid-electrolyte-containing composition comprising a sulfide-based inorganic electrolyte; an active material; a dispersion medium and a polymer binder having low surface energy ([0074] & [0160]). While Yasuda does not disclose any specific values for the surface energy of the polymer, Yasuda recognizes that a low surface energy of the polymer results in in the polymer being not likely to adsorb (and likely to repel) to the inorganic solid electrolyte particles having high polarity by partially coating solid particle surfaces without coating the entirety of the solid particle surfaces. Thus, an ion conduction path or an electron conduction path formed by contact between the solid particles can be sufficiently constructed and thus an increase in interface resistance between the solid particles is suppressed and high battery performance is exhibited as taught by Yasuda ([0074]). Accordingly, it would have been obvious to one of ordinary skill in the art to lower and optimize the surface energy of the polymer, as a result effective variable, in view of improving battery performance as taught by Yasuda above. [A]fter KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process. See MPEP 2144.05 II B. Furthermore, Isojima discloses the polymer binder being dissolved in a dispersion medium such as methyl ethyl ketone (MEK) ([0279] & [0438]). While, Isojima does not explicitly teach the solubility of the polymer binder being 80% or more in the dispersion medium, Isojima however teaches the claimed polymer binder of claim 1 with the required SP value and further teaches the same dispersion mediums as those recited in the instant specification as being suitable for the presently claimed invention. Accordingly, Isojima’s polymer binder would be expected to have a solubility in the dispersion medium of 80% or more. “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.
Regarding claim 6, Isojima teaches the inorganic solid electrolyte-containing composition of claim 1 but does not explicitly teach the dispersion medium having an SP value of 14 to 24 MPa1/2. However, Isojima discloses preferred dispersion mediums including ketone compounds such as MIBK ([0279]) which has an SP value reading on the claimed range as evidenced by the instant specification (see page 35 of instant specification).
Regarding claims 12-13, Isojima teaches a manufacturing method for an all-solid state secondary battery, the method comprising manufacturing an all-solid state secondary battery through a manufacturing method comprising forming a film of the inorganic solid electrolyte-containing composition of claim 1 ([0304] & [0330]-[0337]).
Response to Arguments
Applicant's arguments filed 04/09/2026 have been fully considered but they are not persuasive. In response to applicant’s arguments that “Isojima teaches that its polymer binder exists as discrete particles dispersed in a solvent, rather than being dissolved” in contrast to the presently claimed invention which requires the solubility of the polymer binder in the dispersion medium to be 80% or more, thereby specifying a highly dissolved state, the examiner respectfully disagrees. Contrary to applicant’s assertions, Isojima teaches that the binder is dissolvable in a solvent such as methyl ethyl ketone (MEK) or N-methylpyrrolidone (NMP) ([0438] & [0441]). Isojima further teaches MEK and NMP as examples of suitable ketone-based and amide-based dispersion medium, respectively, that can be used, wherein ketone-based compounds including any one of acetone, MEK, methyl isobutyl ketone and diisobutyl ketone (DIBK) are specially preferred ([0277], [0279] & [0285]). Other particularly preferred dispersion mediums in Isojima also include ester compounds such as butyl butyrate and aromatic compounds such as toluene which are used in the presently claimed invention as dispersion mediums. Accordingly, applicant’s arguments that Isojima’s binder is not dissolved in the dispersion medium is not found to be persuasive. Moreover, Isojima teaches the claimed polymer binder with the required SP value and further teaches the same dispersion mediums as those recited in the instant specification as being suitable for the presently claimed invention. Accordingly, Isojima’s polymer binder would be expected to have a solubility in the dispersion medium of 80% or more. Thus, in view of the foregoing, claims 1-13 stand rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mimura (US 2018/0277892 A1) teaches a solid electrolyte-containing composition comprising an inorganic solid electrolyte, a polymer binder and a dispersion medium.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BARBARA GILLIAM can be reached at (571)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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