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 Application
Claims 1-6 are pending and presented for examination on the merit.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/203042 to Aso et al. (English equivalent US 2022/0190342 used for citation; both cited and provided by Applicant).
Regarding claim 1, Aso et al. teaches a slurry composition for all-solid-state battery production, comprising: an organic solvent as liquid medium (B) ([0055-57]); a binder resin as polymer (A); and an alkali metal-containing inorganic powder, e.g. a lithium-containing solid electrolyte such as Li2S-P2S5 ([0066]; [0077-91]),
the binder resin containing a segment (A) derived from a (meth)acrylate having a C3-C20 branched alkyl group, e.g. repeating unit (a1) derived from isopropyl (meth)acrylate ([0034]), and at least one segment (B) selected from the group consisting of a segment derived from a (meth)acrylate having a C5-C20 cyclic hydrocarbon group, e.g. repeating unit (a3) derived from 1,4-cyclohexanedimethanol monoacrylate ([0038]), and a segment derived from a compound having an aromatic group such as styrene as one of other repeating units in the polymer (A) ([0040-44]),
the binder resin containing the segment (A) and the segment (B) in a total amount of 70% by weight or more, as Aso et al. discloses that the content ratio of the repeating unit (a1) is 40 parts by mass to 99.9 parts by mass when the total amount of the repeating units contained in the polymer (A) is 100 parts by mass ([0035]), the content ratio of the repeating unit (a3) is 0.1 parts by mass to 20 parts by mass when the total amount of the repeating units contained in the polymer (A) is 100 parts by mass ([0039]), and other repeating units including (a2) and styrene make up the rest ([0036]; [0037]; [0040-44]).
Although Aso et al. does not expressly teach an example of the binder resin containing the claimed amount of the segment (A) and segment (B) in the binder, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because Aso et al. renders obvious the claimed binder resin and slurry and teaches an overlapping range of the amount of the segments. A prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05[R-5].
Regarding claim 2, Aso et al. teaches that the content ratio of the repeating unit (a1) (segment A) is 40 parts by mass to 99.9 parts by mass when the total amount of the repeating units contained in the polymer (A) is 100 parts by mass ([0035]).
Regarding claim 3, Aso et al. teaches that the content ratio of the repeating unit (a3) is 0.1 parts by mass to 20 parts by mass when the total amount of the repeating units contained in the polymer (A) is 100 parts by mass ([0039]). The content ratio of other repeating units such as styrene make up the remainder after (a1), (a2), and (a3) ([0040-44]). The prior art renders obvious the claimed range of the amount of the segment B.
Regarding claim 4, Aso et al. does not expressly teach that the slurry composition has a pH of 11 or higher.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arrived at the claimed invention, because Aso et al. teaches that pH adjustment may be performed and preferably adjusted to a range from 5 to 11, in order to improve manufacturing stability during polymerization of the binder polymer A ([0053]; [0054]) and so the skilled artisan would have kept the pH or adjusted it in the slurry composition so that the stability of the binder polymer is maintained.
Regarding claim 5, Aso et al. teaches that the inorganic powder contains lithium, e.g. a lithium-containing solid electrolyte such as Li2S-P2S5 ([0080-91]).
Regarding claim 6, Aso et al. teaches a method for preparing an inorganic powder sheet using the slurry composition for all-solid-state battery production according to claim 1 ([0066]; [0077-91]); and heating the inorganic powder sheet at 300 or lower °C ([0115]). A prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05[R-5].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENG M CHAN whose telephone number is (571)270-5859. The examiner can normally be reached 9 am - 5:30 pm on Monday, 9 am - 3 pm on Tuesday, and 9 am to 1 pm on Wednesday and Thursday.
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/Heng M. Chan/Examiner, Art Unit 1725
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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