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
The information disclosure statements filed 5/26/23, 7/12/23, 11/3/23, /24/24, 1/21/25, 1/23/25, 1/29/25, and 8/6/25 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 2, 5, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spahr et al. (US 2018/0155552).
Regarding claim 1, Spahr teaches carbon black having a specific surface area of, for example, 209 m2/g and a ratio (OAN/cOAN) of 1.79 (Example CB3, Table 1).
The examiner takes note of the fact that the oil absorption of Spahr is tested using paraffin rather than dibutyl phthalate. The examiner finds that the oil used in the test does not change the structure of the carbon black, and therefore the structure in the reference is substantially identical to that of the claims and claimed properties (i.e. DBP and cDBP absorption) are presumed to be inherent. MPEP 2112.01 I
As for claim 2, Spahr teaches an OAN of 283 mL/100g (Example CB3, Table 1).
Regarding claim 5, Spahr teaches a slurry comprising the carbon black and a dispersion medium ([0058]).
With regard to claim 7, Spahr teaches the carbon black as an electrode in a lithium ion battery ([0021], [0133]).
Claim Rejections - 35 USC § 103
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Spahr.
The teachings of Spahr as discussed above are incorporated herein.
Spahr teaches the slurry of claim 1 including the slurry having a viscosity at a shear rate of 13 s-1 of below 2500 mPa∙s, and that it is favorable for the slurry to have a low viscosity ([0058]).
The examiner takes note of the fact that the prior art range completely encompasses the claimed range. Absent any additional and more specific information, a prima facie case of obviousness exists. MPEP 2144.05 I
Additionally, the examiner finds that the general conditions of the claim are disclosed in the prior art, and therefore it would have been obvious to the skilled artisan to discover workable ranges for the viscosity of the claimed conditions by routine experimentation in order to form a favorably low viscosity slurry. MPEP 2144.05 II A
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Spahr as applied to claim 1 above, and further in view of Nagai et al. (WO 2019/216275, published 11/14/2019, with US 2021/0119206 used as translation).
The teachings of Spahr as discussed above are incorporated herein.
Spahr teaches the carbon black of claim 1 but is silent on the ash content.
Nagai teaches that the ash content of carbon black is preferably small, specifically 0.04mass% or less, in order to suppress side reactions ([0028]).
It would have been obvious to the person having ordinary skill in the art at the time of the invention to form the carbon black of Spahr having an ash content of 0.04mass% or less as suggested by Nagai in order to suppress side reactions.
The examiner takes note of the fact that the prior art range completely encompasses the claimed range. Absent any additional and more specific information, a prima facie case of obviousness exists. MPEP 2144.05 I
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Spahr as applied to claim 1 above, and further in view of Honma et al. (US 2016/0190594).
The teachings of Spahr as discussed above are incorporated herein.
Spahr teaches the carbon black of claim 1 but is silent on the iron content.
Honma teaches that the iron content of carbon black is, for example, 0.1 ppm (i.e. 100 ppb), in order to have appropriate purification efficiency ([0052]).
It would have been obvious to the person having ordinary skill in the art at the time of the invention to form the carbon black of Spahr having an iron content of 100 ppb as suggested by Honma in order to have appropriate purification efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALIX ECHELMEYER EGGERDING whose telephone number is (571)272-1101. The examiner can normally be reached 8:30am - 4:30pm.
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/ALIX E EGGERDING/Primary Examiner, Art Unit 1729