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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/16/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/30/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
The Applicant’s amendment and arguments, filed 01/16/2026, has been entered. Claims 1, 10, and 17 are amended; claims 2-7, 11-16 and 18 stand as originally or previously presented; claims 8-9 are cancelled; and Claim 19 is new. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 11/04/2025 has been withdrawn. Amended and new grounds of rejections under 35 U.S.C. 103 citing to new art are set forth below as necessitated by the claim amendments.
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.
Claim(s) 1-7, 10-11, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Okubo et al. (US 11962010 B2, hereinafter Okubo).
Regarding Claims 1-2, 6-7, and 11, Okubo discloses a battery cell (Okubo, lithium-ion battery, Claim 1), comprising:
a positive electrode plate (Okubo, positive electrode, col.16, lines 10-13); and
a negative electrode plate (Okubo, negative electrode, col.16, lines 10-13); wherein the battery cell satisfies:
the positive electrode plate comprises a positive electrode current collector and a positive electrode film layer disposed on the positive electrode current collector (Okubo, positive electrode has a cured product of the slurry on a surface of the current collector, col. 20, lines 15-22), and
the positive electrode film layer comprises a positive electrode active material layer and an ether polymer (Okubo, the positive electrode slurry comprises an electrode active material and a binder aqueous solution, comprising a vinyl ether represented by general formula (2)
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wherein in the general formula (2), q is an integer of 1 to 3, and n is more than 1, col. 16, lines 16-19, Claim 1).
the ether polymer includes structural units represented by Formula (I)
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in which: R3 includes an unsubstituted C2 methylene group (Okubo, the positive electrode slurry comprises an electrode active material and a binder aqueous solution, comprising a vinyl ether represented by general formula (2)
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wherein in the general formula (2), q is an integer of 1 to 3, and n is more than 1, and the weight average molecular weight is between 100,000 to 7,000,000, col. 16, lines 16-19, Claim 1, col. 13, lines 45-55).
MPEP 2112.01 teaches that 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). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985).
With respect to the limitations “wherein the ether polymer satisfies 5 ≤ m/n ≤ 1000 (Claim 1), and more specifically 10 ≤ m/n ≤ 1000 (Claim 2), where:
n denotes a mass of the ether polymer in units of g, and m denotes a mass of a first substance in units of g, which is obtained by adding the ether polymer in a mass of n grams to a first solvent at 45 °C to form an ether polymer system, allowing the ether polymer system to stand at 45 °C for 8h and then at 25 °C for ≥24h, and filtering the ether polymer system through a 200-mesh filter to leave a filtered-out substance as the first substance;
a slope K of an elastic modulus G'- loss modulus G" curve of the ether polymer satisfies 1< K < ∞, where the elastic modulus G'- loss modulus G" curve is obtained by subjecting a sheet-like structure made of the ether polymer to a dynamic frequency sweep test at (Tm + 20) °C, Tm °C denoting a melting temperature of the ether polymer (Claim 6); and
the glass transition temperature Tg in units of °C of the ether polymer satisfies -100 ≤ Tg ≤ 50 (Claim 7),” it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited ether polymer.
Applicant discloses an ether polymer comprising of monomer represented by Formula (I) (Claim 1), and a molecular weight of 1.2 x 105 g/mol to 1.0 x 106 g/mol (Claim 11).
Accordingly, it is reasonably interpreted that the monomer and molecular weight is critical to the recited precipitation value, K slope value, and glass transition temperature such that it would fulfil the recited measurements and necessarily possess the inherent properties. It is further evidenced by Comparative Example 2, which uses 100% ethylene oxide as the monomer but the molecular weight is 400,000 g/mol, resulting in a different glass transition temperature, K slope value, and precipitation value compared to the values obtained from Examples 4 and 7-12, which all use 100% ethylene oxide.
Okubo discloses the positive electrode slurry comprises an electrode active material and a binder aqueous solution, comprising a vinyl ether represented by general formula (2),
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wherein in the general formula (2), q is an integer of 1 to 3, and n is more than 1, and the weight average molecular weight is between 100,000 to 7,000,000, (Okubo, col. 16, lines 16-19, Claim 1, col. 13, lines 45-55).
It is submitted that Okubo’s vinyl ether that has an average molecular weight of between 100,000 to 7,000,000 g/mol is substantially similar to the instant ether polymer comprising of monomer represented by Formula (I) (Claim 1), and overlaps a molecular weight of 1.2 x 105 g/mol to 1.0 x 106 g/mol (Claim 11) such that the vinyl ether of Okubo would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the vinyl ether of Okubo would inherently possess physical properties, e.g. precipitation value, glass transition temperature, and K slope value, such that the vinyl ether of Okubo would necessarily fulfill the recited limitations, i.e. the ether polymer satisfies 5 ≤ m/n ≤ 1000 (Claim 1), and more specifically 10 ≤ m/n ≤ 1000 (Claim 2), where:
n denotes a mass of the ether polymer in units of g, and m denotes a mass of a first substance in units of g, which is obtained by adding the ether polymer in a mass of n grams to a first solvent at 45 °C to form an ether polymer system, allowing the ether polymer system to stand at 45 °C for 8h and then at 25 °C for ≥24h, and filtering the ether polymer system through a 200-mesh filter to leave a filtered-out substance as the first substance,
a slope K of an elastic modulus G'- loss modulus G" curve of the ether polymer satisfies 1< K < ∞, where the elastic modulus G'- loss modulus G" curve is obtained by subjecting a sheet-like structure made of the ether polymer to a dynamic frequency sweep test at (Tm + 20) °C, Tm °C denoting a melting temperature of the ether polymer (Claim 6), and
the glass transition temperature Tg in units of °C of the ether polymer satisfies -100 ≤ Tg ≤ 50 (Claim 7).” It is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited ether polymer.
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the claimed ether polymer. The skilled artisan would reasonably find that Okubo’s vinyl ether that has an average molecular weight of between 100,000 to 7,000,000 g/mol is so similar to the instant the instant ether polymer comprising of monomer represented by Formula (I) (Claim 1), and a molecular weight of 1.2 x 105 g/mol to 1.0 x 106 g/mol (Claim 11), that the prior art vinyl ether would also exhibit the claimed
“The ether polymer satisfies 5 ≤ m/n ≤ 1000 (Claim 1), and more specifically 10 ≤ m/n ≤ 1000 (Claim 2), where:
n denotes a mass of the ether polymer in units of g, and m denotes a mass of a first substance in units of g, which is obtained by adding the ether polymer in a mass of n grams to a first solvent at 45 °C to form an ether polymer system, allowing the ether polymer system to stand at 45 °C for 8h and then at 25 °C for ≥24h, and filtering the ether polymer system through a 200-mesh filter to leave a filtered-out substance as the first substance,” it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited ether polymer,
a slope K of an elastic modulus G'- loss modulus G" curve of the ether polymer satisfies 1< K < ∞, where the elastic modulus G'- loss modulus G" curve is obtained by subjecting a sheet-like structure made of the ether polymer to a dynamic frequency sweep test at (Tm + 20) °C, Tm °C denoting a melting temperature of the ether polymer (Claim 6), and
the glass transition temperature Tg in units of °C of the ether polymer satisfies -100 ≤ Tg ≤ 50 (Claim 7).”
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claims 3-5, Okubo discloses all of the claim limitations as set forth above. Okubo discloses a battery cell (Okubo, lithium-ion battery, Claim 1). Okubo is silent regarding the first solvent includes cyclic carbonate solvents and/or chain carbonate solvents. (Claim 3);
the cyclic carbonate solvents include one or more of ethylene carbonate (EC), vinylene carbonate (VC), fluoroethylene carbonate (FEC), difluoroethylene carbonate (DFEC), vinyl ethylene carbonate (VEC), and dioctyl carbonate (Claim 4); and
the chain carbonate solvents include one or more of dimethyl carbonate (DMC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC), diphenyl carbonate (DPC), methyl allyl carbonate (MAC), and polycarbonate (VA) (Claim 5).
However, the first solvent is only used in testing the properties of the ether polymer, as shown in Claim 1, and does not impart new properties onto the ether polymer used in the battery. The first solvent is not needed because Okubo’s vinyl ether that has an average molecular weight of between 100,000 to 7,000,000 g/mol has the same properties of the claimed ether polymer, as noted above.
Regarding Claim 10, Okubo discloses all of the claim limitations as set forth above. Okubo discloses a battery cell (Okubo, lithium-ion battery, Claim 1), wherein the ether polymer includes at least one of structural units represented by Formula (I-2)
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(Okubo, the positive electrode slurry comprises an electrode active material and a binder aqueous solution, comprising a vinyl ether represented by general formula (2)
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wherein in the general formula (2), q is an integer of 1 to 3, and n is more than 1, and the weight average molecular weight is between 100,000 to 7,000,000, col. 16, lines 16-19, Claim 1, col. 13, lines 45-55; the Examiner notes that claimed Formula (I-2) is read upon when q = 3).
Regarding Claim 15, Okubo discloses all of the claim limitations as set forth above. Okubo discloses a battery, comprising the battery cell (Okubo, lithium-ion battery, Claim 1).
Regarding Claim 16, Okubo discloses all of the claim limitations as set forth above. Okubo discloses an electrical device comprising the battery (Okubo, lithium-ion batteries are used in a wide range of applications, col. 1, lines 27-33).
Claim(s) 12-14 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Okubo et al. (US 11962010 B2, hereinafter Okubo), as applied to Claim 1 above, and in view of Koh et al. (US 20190198913 A1, hereinafter Koh).
Regarding Claims 12-14, Okubo discloses all of the claim limitations as set forth above. Okubo discloses a battery cell (Okubo, lithium-ion battery, Claim 1).
Okubo is silent regarding the ether polymer further includes structural units represented by Formula (II),
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in which: R4 and R7 each independently include a hydrogen atom, a substituted or unsubstituted C1-C3 alkyl group, a substituted or unsubstituted C1-C3 alkoxy group, an ether group, and at least one of R4 to R7 includes a substituted or unsubstituted C1-C3 alkoxy group or ether group (Claim 12), and wherein R4 and R7 each independently include a hydrogen atom or an ether group, (Claim 13), and more specifically, the ether polymer includes at least one of structural units represented by Formula (II-1) to Formula (II-7) (Claim 14).
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Koh discloses a battery cell (Koh, secondary battery, [0003]), wherein the ether polymer further includes structural units represented by Formula (II) in which: R4 and R7 each independently include a hydrogen atom, a substituted or unsubstituted C1-C3 alkyl group, a substituted or unsubstituted C1-C3 alkoxy group, an ether group, and at least one of R4 to R7 includes a substituted or unsubstituted C1-C3 alkoxy group or ether group (Claim 12), and wherein R4 and R7 each independently include a hydrogen atom, a substituted or unsubstituted C1-C2 alkyl group, a substituted or unsubstituted C1-C2 alkoxy group, an ether group, and at least one of R4 to R7 includes a substituted or unsubstituted C1-C2 alkoxy group or ether group (Claim 13), and more specifically, the ether polymer includes at least one of structural units represented by Formula (II-1) to Formula (II-4) (Claim 14) (Koh, positive and negative electrode comprise of one or more polymers from a repeating unit represent by Formula 2:
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wherein R5 to R8 are the same or different from each other, and each independently hydrogen, a C1 to C30 alkyl group, or a C1 to C30 alkoxy group, and a weight average molecular weight of 1,000,000 to 5,000,000 g/mol, Claim 14, [0043]; the Examiner notes that:
Formula II-1 is read upon when R5, R6, and R7 are hydrogens and R8 is a C1 alkoxy group;
Formula II-2 is read upon when R5 and R6 are hydrogens, R7 is a C1 alkyl group, and R8 is a C1 alkoxy group;
Formula II-3 is read upon when R5 and R6 are hydrogens, R7 is a C1 alkyl group, and R8 is a C2 alkoxy group
Formula II-4 is read upon when R5 and R6 are hydrogens, R7 is a C1 alkyl group, and R8 is a C3 alkoxy group. The disclosed alkyl and alkoxy group carbon range of C1-C20 overlaps the claimed alkyl and alkoxy group carbon range of C1-C3 (Claim 12), and more specifically C1-C2 (Claim 13)).
Koh teaches that a battery that has a positive and negative electrode comprise of one or more polymers from a repeating unit represent by Formula 2 has an improved lifespan (Koh, [0026]).
Okubo and Koh are analogous to the current invention as they are all directed towards using a polymer ether in an electrode of a secondary battery.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include polymer from a repeating unit represented by Formula 2 of Koh into the electrode of Okubo, in order to improve battery lifespan.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claims 17-19, modified Okubo discloses a battery cell (Okubo, lithium-ion battery, Claim 1), comprising:
a positive electrode plate (Okubo, positive electrode, col.16, lines 10-13); and
a negative electrode plate (Okubo, negative electrode, col.16, lines 10-13); wherein the battery cell satisfies:
the positive electrode plate comprises a positive electrode current collector and a positive electrode film layer disposed on the positive electrode current collector (Claims 17 and 19) (Okubo, positive electrode has a cured product of the slurry on a surface of the current collector, col. 20, lines 15-22), and
the positive electrode film layer comprises a positive electrode active material layer and an ether polymer (Okubo, the positive electrode slurry comprises an electrode active material and a binder aqueous solution, comprising a vinyl ether represented by general formula (2)
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wherein in the general formula (2), q is an integer of 1 to 3, and n is more than 1, col. 16, lines 16-19, Claim 1), wherein the ether polymer includes structural units represented by Formula (I)
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in which: R3 includes an unsubstituted C2 methylene group (Okubo, the positive electrode slurry comprises an electrode active material and a binder aqueous solution, comprising a vinyl ether represented by general formula (2):
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wherein in the general formula (2), q is an integer of 1 to 3, and n is more than 1, and the weight average molecular weight is between 100,000 to 7,000,000, col. 16, lines 16-19, Claim 1, col. 13, lines 45-55; the Examiner notes that the claimed unsubstituted C2 methylene group is read upon when q = 3),
and the ether polymer further includes a structural units represented by Formula (II)
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in which: at least one of R4 and R7 each independently include a hydrogen atom or an ether group, and
at least another one of R4 and R7 each independently include a hydrogen atom or an ether group (Claim 17) and more specifically, the ether polymer includes at least one of structural units represented by Formula (II-2) (Claim 18) and Formula (II-3) (Claims 18-19)
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(Koh, positive and negative electrode comprise of one or more polymers from a repeating unit represent by Formula 2:
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wherein R5 to R8 are the same or different from each other, and each independently hydrogen, a C1 to C30 alkyl group, or a C1 to C30 alkoxy group, and a weight average molecular weight of 1,000,000 to 5,000,000 g/mol, Claim 14, [0043]; the Examiner notes that claimed Formula II-2 is read upon when R5 and R6 are hydrogens, R7 is a C1 alkyl group, and R8 is a C1 alkoxy group. Formula II-3 is read upon when R5 and R6 are hydrogens, R7 is a C1 alkyl group, and R8 is a C2 alkoxy group),
MPEP 2112.01 teaches that 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). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985).
With respect to the limitations “wherein the ether polymer satisfies 5 ≤ m/n ≤ 1000, where:
n denotes a mass of the ether polymer in units of g, and m denotes a mass of a first substance in units of g, which is obtained by adding the ether polymer in a mass of n grams to a first solvent at 45 °C to form an ether polymer system, allowing the ether polymer system to stand at 45 °C for 8h and then at 25 °C for ≥24h, and filtering the ether polymer system through a 200-mesh filter to leave a filtered-out substance as the first substance (Claims 17 and 19),
Applicant discloses an ether polymer comprising of monomer represented by Formula and Formula (II) (Claim 17), and more specifically Formula (II-3) (Claim 19) and a molecular weight of 1.2 x 105 g/mol to 1.0 x 106 g/mol (Instant Specification [0019]).
Accordingly, it is reasonably interpreted that the monomer and molecular weight is critical to the recited precipitation value (m/n) such that it would fulfil the recited measurements and necessarily possess the inherent properties. It is further evidenced by Comparative Example 2, which uses 100% ethylene oxide as the monomer but the molecular weight is 400,000 g/mol, resulting in a different precipitation value (m/n) compared to the values obtained from Examples 4 and 7-12, which all use 100% ethylene oxide.
Modified Okubo discloses the positive electrode slurry comprises an electrode active material and a binder aqueous solution, comprising a vinyl ether represented by general formula (2),
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wherein in the general formula (2), q is an integer of 1 to 3, and n is more than 1, and the weight average molecular weight is between 100,000 to 7,000,000, (Okubo, col. 16, lines 16-19, Claim 1, col. 13, lines 45-55), and positive and negative electrode comprise of one or more polymers from a repeating unit represent by Formula 2:
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wherein R5 to R8 are the same or different from each other, and each independently hydrogen, a C1 to C30 alkyl group, or a C1 to C30 alkoxy group, and the weight average molecular weight is 1,000,000 to 5,000,000 g/mol (Koh, Claim 14, [0043]).
It is submitted that modified Okubo’s vinyl ether that has an average molecular weight of between 100,000 to 7,000,000 g/mol is substantially similar to the instant ether polymer comprising of monomer represented by Formula (I) and Formula (II) (Claim 17), and more specifically Formula (II-3) (Claims 18-19), and overlaps a molecular weight of 1.2 x 105 g/mol to 1.0 x 106 g/mol (Instant Specification [0019]) such that the vinyl ether of modified Okubo would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the vinyl ether of modified Okubo would inherently possess physical properties, e.g. precipitation value, glass transition temperature, and K slope value, such that the vinyl ether of Okubo would necessarily fulfill the recited limitations, i.e. the ether polymer satisfies 5 ≤ m/n ≤ 1000, where:
n denotes a mass of the ether polymer in units of g, and m denotes a mass of a first substance in units of g, which is obtained by adding the ether polymer in a mass of n grams to a first solvent at 45 °C to form an ether polymer system, allowing the ether polymer system to stand at 45 °C for 8h and then at 25 °C for ≥24h, and filtering the ether polymer system through a 200-mesh filter to leave a filtered-out substance as the first substance (Claims 17 and 19). It is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited ether polymer.
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the claimed ether polymer. The skilled artisan would reasonably find that Okubo’s vinyl ether that has an average molecular weight of between 100,000 to 7,000,000 g/mol is so similar to the instant the instant ether polymer comprising of monomer represented by Formula (I) and Formula (II) (Claim 17), and more specifically Formula (II-3) (Claim 18-19), and a molecular weight of 1.2 x 105 g/mol to 1.0 x 106 g/mol (Instant Specification [0019]), that the prior art vinyl ether would also exhibit the claimed
“The ether polymer satisfies 5 ≤ m/n ≤ 1000, where:
n denotes a mass of the ether polymer in units of g, and m denotes a mass of a first substance in units of g, which is obtained by adding the ether polymer in a mass of n grams to a first solvent at 45 °C to form an ether polymer system, allowing the ether polymer system to stand at 45 °C for 8h and then at 25 °C for ≥24h, and filtering the ether polymer system through a 200-mesh filter to leave a filtered-out substance as the first substance,” it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited ether polymer.”
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Response to Arguments
Applicant’s arguments, see 14-16, filed 01/16/2026, with respect to the rejection(s) of claim(s) 1-7 and 10-18 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Okubo et al. (US 11962010 B2, hereinafter Okubo), as noted above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20090134360 A1 discloses an electrode catalyst layer comprising a vinyl ether monomer:
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wherein X2 represents a hydrogen atom or a methyl group, X3 represents a group represented by –(CH2)hOW2 (W2 represents an alkyl group, and h represents an integer of 0 to 2), -OCOW3 (W3 represents an alkyl group) (Claim 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.N./Examiner, Art Unit 1752
/OSEI K AMPONSAH/Primary Examiner, Art Unit 1752