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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/24/2025 has been considered by the examiner. Initialed copies accompany this action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 7 and 8 separately recite “the carbon particle dispersion for a battery electrode described in claim 1”. Claim 1 does not describe a carbon particle dispersion for a battery electrode; it describes a graphite particle dispersion for a battery electrode. Graphite is a form of carbon and they are not the same and uninterchangeable.
Claim Rejections - 35 USC § 102
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 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimoto et al. (WO2014/208272).
Regarding claims 1 and 3, Hashimoto discloses a graphite dispersion for a battery electrode, the graphite dispersion comprising at least graphite particles having an average particle size of 5 to 50 μm, a dispersing agent carboxymethylcellulose, and water (pages 24-25).
Regarding claim 2, Hashimoto discloses the graphite particles comprise at least one type selected from scaly graphite particles, flaky graphite particles, spherical graphite particles, expanded graphite particles, flaked expanded graphite particles, and flaked scaly graphite particles (page 0016).
Regarding claims 4 and 5, Hashimoto does not disclose the graphite dispersion for a battery electrode according to claim 1, wherein a chromaticity (a*, b*) of L*a*b* (CIELAB) color system satisfies a*≤0.7 and b*≤0.5 and wherein glossiness of a coating film applied on a flat cut surface is 20 to 40. However, given that the graphite dispersion for a battery electrode disclosed by Hashimoto comprises of all the claimed elements in the claimed graphite dispersion, a person having an ordinary skill in the art would reasonably expect the dispersion of Hashimoto to have the claimed chromaticity and glossiness because it has been held that "products of identical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties Applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 II. "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 obviousness has been established."
Regarding claim 6, Hashimoto discloses the graphite dispersion further comprises electroconductive carbon particles other than graphite particles (example 7, carbon material, pages 16, 31 and 37).
Regarding claim 8, Hashimoto discloses slurry for a negative electrode, wherein the slurry comprising the graphite dispersion for a battery electrode described in claim 1 further comprises an active material for a negative electrode (carbon material, page 37).
Claims 1-6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US20060292447).
Regarding claims 1 and 3, Suzuki discloses a graphite dispersion for a battery electrode, the graphite dispersion comprising at least graphite particles having an average particle size of 5 to 50 μm (para 0042), a dispersing agent carboxymethylcellulose, and water (para 0155).
Regarding claim 2, Suzuki discloses the graphite particles comprise at least one type selected from scaly graphite particles, flaky graphite particles, spherical graphite particles, expanded graphite particles, flaked expanded graphite particles, and flaked scaly graphite particles (page 0016).
Regarding claims 4 and 5, Suzuki does not disclose the graphite dispersion for a battery electrode according to claim 1, wherein a chromaticity (a*, b*) of L*a*b* (CIELAB) color system satisfies a*≤0.7 and b*≤0.5 and wherein glossiness of a coating film applied on a flat cut surface is 20 to 40. However, given that the graphite dispersion for a battery electrode disclosed by Suzuki comprises of all the claimed elements in the claimed graphite dispersion, a person having an ordinary skill in the art would reasonably expect the dispersion of Suzuki to have the claimed chromaticity and glossiness because it has been held that "products of identical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties Applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 II. "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 obviousness has been established."
Regarding claim 6, Suzuki discloses the graphite dispersion further comprises electroconductive carbon particles other than graphite particles (example 7, carbon material, pages 16, 31 and 37).
Regarding claim 7, Suzuki discloses slurry for a positive electrode, wherein the slurry comprising the graphite dispersion for a battery electrode described in claim 1 further comprises an active material for a positive electrode (para 0055-57).
Conclusion
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/HAIDUNG D NGUYEN/ Primary Examiner, Art Unit 1761
6/10/2026
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