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 .
Response to Amendment
That the amendment to the claim languages filed on 5/20/26 has been fully considered and made of record claims 1-5, 7-32 are now pending in that 1, 3, 7, 15 and 29 are unelected claims. Newly added claim 32 is acknowledged.
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 31-32 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.
“the method” (claim 31, lines 14-15, and claim 32) lack proper antecedent basis.
The phrase” wherein the method comprises a dry process which does not use liquid-phase solvents or additives” (claim 31, lines 14-15 and claim 32, line 1-2) is not positive active method limitation. Appears to be optional features
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2, 4-5, 8-9, 18-27, 30 and 31 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Fukunaga (JPH462750).
In an alternatively, claim(s) 2, 4-5, 8-9, 18-27, 30 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukunaga (JPH462750) in view of Althues et al (WO2018210723) or Michell et al (US 7295423). This rejection is set forth from previous Action dated 4/3/26 under 102/103 rejections.
As applied to claims 31-32 as amended, the recites “wherein the method comprises a dry process which does not use liquid-phase solvents or additives” not an active method limitation. Also, the Fukunaga the Althue et al discloses such above (see Fig. 2) of the Althue et al.
Response to Arguments
Applicant's arguments filed on 5/20/26 have been fully considered but they are not persuasive.
The 112:
The amendment to claim 31-32 raise new issues of 112 (see above).
The prior art:
Applicant contends that the applied prior art to “Fukunaga does not expressly or inherently disclose, or teach or suggest each and every one of the elements of claim 2. Claim 2 recites "forming a first film from a first dry electrode material," and "forming a second film from a second dry electrode material," (emphasis added). In contrast, Fukunaga discloses that "[a] wet positive electrode mixture is supplied between two pairs of heating rolls. The heating roll heats the positive electrode mixture to reduce the water content when forming the wet positive electrode mixture into a sheet shape." Fukunaga is silent regarding a "dry electrode material." Therefore, Fukunaga does not disclose at least "forming a first film from a first dry electrode material," and "forming a second film from a second dry electrode material." (see applicant’s “Remarks” page 1, ¶¶ [0005-0006]. The Examiner disagrees, because the wet mixture is from a dry material and then water is added to become a wet mixture (see page 2, ¶ [0007] under Example section of the JP2869156B2 or Fukunaga JPH 462750). Since, the material mixture 1 includes dry material and water after compressing process has turned into dry film 2 (see reproduced Fig. 2 on page 5 of the previous Action which clearly defined as to how the first and second dry film are formed). Therefore, the above arguments are not found to be persuasive and the rejection under 102/103 is retained for reason provided above.
Further, applicant contends that Regarding amended claim 31, Applicant submits that Fukunaga does not expressly or inherently disclose, or teach or suggest, each and every one of the elements of amended claim 31. Claim 31 recites "wherein the method comprises a dry process which does not use liquid-phase solvents or additives." In contrast, Fukunaga discloses "The following materials (1) to (4) are weighed and mixed to form a wet positive electrode mixture. * 90 parts by weight of manganese dioxide powder as a positive electrode active material * 8 parts by weight of graphite as a conductive agent * 3.3 parts by weight of a polytetrafluoroethylene dispersion as a binder, however, 2 parts by weight as a solid content, * Add water to the above mixture and mix. The amount of water added is such that the water content is 25% by weight." Fukunaga at [Example]. Therefore, Fukunaga does not disclose at least "wherein the method comprises a dry process which does not use liquid-phase solvents or additives." As such, Fukunaga does not disclose each and every element as set forth in the claim, and claim 31 is not anticipated by Fukunaga. Accordingly, Applicant respectfully requests withdrawal of the rejection of claim 31 (see Applicant’s “Remarks” (see page 2, ¶ [0002]). This has been carefully considered and not found to be convincing because the prior art discloses the claimed dry process configured to process dry film as well as the wet mixture (see process as representing in reproduced Fig. 2 of the Fukunaga). Thus, the prior art retained for same reason of record.
Applicant's arguments do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Conclusion
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.
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/MINH N TRINH/ Primary Examiner, Art Unit 3729 mt
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