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`V i$ T {a
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`A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/873,175
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`01/17/2018
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`KENTA HASEGAWA
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`PIPMB-58862
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`7711
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`759°
`52°“
`PEARNE & GORDON LLP
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`01/12/2021
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`1801 EAST 9TH STREET
`SUITE 1200
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`CLEVELAND, OH 44114-3108
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`HAN KWANG S
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`1727
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`01/12/2021
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`patdoeket@pearne.eom
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`PTOL-90A (Rev. 04/07)
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`

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`017/09 A0170” Summary
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`Application No.
`15/873,175
`Examiner
`Kwang 8 Han
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`Applicant(s)
`HASEGAWA et al.
`Art Unit
`AIA (FITF) Status
`1727
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 28 September 2020.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) Eis/are pending in the application.
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`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(ss)
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`is/are allowed.
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`Claim(ss) 1_—5 is/are rejected.
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`D Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)|:l The specification is objected to by the Examiner.
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`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:] Some**
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`c)l:i None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3B Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) [3 Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 10/15/20_
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20210106
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`

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`Application/Control Number: 15/873,175
`Art Unit: 1727
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`Page 2
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Detailed Action
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`Continued Examination Under 37 CFR 1. 1 14
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`2.
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible
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`for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has
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`been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37
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`CFR 1.114. Applicant's submission filed on September 28, 2020 has been entered.
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`Claim 1 was amended.
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`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
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`prior Office action.
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`Claim Rejections - 35 USC § 103
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`3.
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`The claim rejection under 35 U.S.C. 103 as unpatentable over Saito et al. in view of
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`Hotta et al. on claims 1, 2, and 4 are maintained with modifications.
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`4.
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`The claim rejection under 35 U.S.C. 103 as unpatentable over Saito et al. in view of
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`Hotta et al. as applied to claims 2 and 4 respectively and further in view of Yoon et al. on claims
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`3 and 5 are maintained with modifications.
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`Application/Control Number: 15/873,175
`Art Unit: 1727
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`Page 3
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`5.
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`Claims 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Saito et
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`al. (JP 5686130, machine translation) in view of Hotta et al. (US 2014/0295248).
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`Regarding claim 1, Saito discloses an all solid state battery [0001] comprising: a positive
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`electrode layer (positive electrode body 3) which includes a positive electrode current collector
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`(1a) and a positive electrode material mixture layer (2) formed on the positive-electrode current
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`collector (Fig 2), wherein the positive-electrode material mixture layer includes at least a
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`positive-electrode active material and a binder [0025, 0027]; a negative electrode layer
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`(negative electrode body 8) which includes a negative electrode current collector (1c) and a
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`negative-electrode material mixture layer (5) formed on the negative-electrode current collector
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`(Fig 2), wherein the negative-electrode material mixture layer includes at least a negative-
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`electrode active material and a binder [0025, 0027]; and a solid electrolyte layer (4) which is
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`disposed between the positive electrode layer and the negative electrode layer, and includes at
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`least a solid electrolyte having ion conductivity [0025], wherein concentration of a solvent
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`included in at least one layer selected from the group consisting of the positive electrode
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`material mixture layer, the negative-electrode material mixture layer, and the solid electrolyte
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`layer is equal to or smaller than 50 ppm (no solvent) [0013, 0020, 0027-0029], but does not
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`explicitly teach the binder being selected from the groups as listed or the concentration of the
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`binder. Saito does disclose the binder is not particularly limited as long as it has a function of
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`binding the functional powders [0042] and has a preferable melting point range of 40 to 400C
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`[0044].
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`Hotta teaches a negative electrode for a secondary battery [0013] including recognized
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`binders such as PVdF, styrene-butadiene rubber, polyimide, polyamide, etc. [0030] and positive
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`electrode mixture binders including PVdF and styrene-butadiene rubber [0056] where the
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`concentration of the binder included in the negative electrode material mixture layer is
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`distributed so as to be higher on the current collector side [0030-0031, 0063-0064].
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`It would
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`have been obvious to one of ordinary skill in the art when the invention was effectively filed to
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`Application/Control Number: 15/873,175
`Art Unit: 1727
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`Page 4
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`provide a distribution of the concentration of the binder in the electrodes to be higher in
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`proximity to the current collector of Saito because Hotta recognizes that such a distribution of
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`the binder material provides for the prevention of the separation of the current collector, alleviate
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`stress of volume expansion, and thereby improve the cycle characteristics of the battery [0031].
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`Furthermore, it would have been obvious to one of ordinary skill in the art when the invention
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`was effectively filed to consider and select from the recognized binders as taught by Hotta in the
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`electrode mixture layers of Saito because Hotta teaches these binders provide large binding
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`strength and excellent life characteristics [0030]. It has been held to be within the general skill of
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`a worker in the art to select a known material on the basis of its suitability for the intended use
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`as a matter of obvious design choice. "Reading a list and selecting a known compound to meet
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`known requirements is no more ingenious than selecting the last piece to put in the last opening
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`in a jig-saw puzzle." 325 U.S. at 335, 65 USPQ at 301 .) Sinclair & Carroll Co. v. lnterchemica/
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`Corp., 325 U.S. 327, 65 USPQ 297 (1945); In re Leshin, 125 USPQ 416. MPEP 2144.07.
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`Regarding claim 2, Saito discloses the all solid state battery of Claim 1, wherein the
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`positive-electrode material mixture layer includes a conductive assistant [0059].
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`Regarding claim 4, Saito discloses the all solid state battery of Claim 1, wherein the
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`negative-electrode material mixture layer includes a conductive assistant [0059].
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`6.
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`Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Saito et al.
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`in view of Hotta et al. as applied to claims 2 and 4 above respectively, and further in view of
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`Yoon et al. (US 2016/0190546).
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`The teachings of Saito and Hotta as discussed above are herein incorporated.
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`Regarding claims 3 and 5, Saito and Hotta are silent regarding concentration of the
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`conductive assistant included in the positive or negative electrode material mixture layer, the
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`Application/Control Number: 15/873,175
`Art Unit: 1727
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`Page 5
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`concentration in proximity to the respective current collector is higher than the concentration in
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`proximity to the solid electrolyte layer.
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`Yoon teaches a positive electrode composite for an all solid battery (Abstract) where the
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`amount of conductive material is about zero at the region in contact with the electrolyte layer
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`and increased at the region in contact with the metal current collector [0032] so that the
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`generation of a short circuit with the opposing electrode may be minimized, mobility of ions and
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`electrons are increased, internal resistance may be minimized, and an electrochemical reaction
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`area may be maximized [0034].
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`It would have been obvious to one of ordinary skill in the art
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`when the invention was effectively filed to provide an amount of conductive material to be about
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`zero at the region in contact with the electrolyte layer and increased at the region in contact with
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`the metal current collector for the electrodes of Saito in view of Hotta because Yoon recognizes
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`that such a distribution of conductive material within electrodes inclusive of conductive material
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`provides for the minimization of short circuits with the opposing electrode, mobility of ions and
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`electrons are increased, internal resistance may be minimized, and an electrochemical reaction
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`area may be maximized [0034].
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`Response to Arguments
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`7.
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`Applicant's arguments have been fully considered but they are not persuasive.
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`Applicant’s principal arguments are:
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`(a) Saito describes triacylg/ycerols, esters, alkanes, olefins, naphthalene, etc., but fails to
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`disclose any of the binders recited in amended claim 1. The present invention does not require
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`the binder to melt or is included in a slurry solution.
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`In response to Applicant’s arguments, please consider the following comments:
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`(a) As discussed in the rejection above, the secondary reference of Hotta recognizes additional
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`binders including those listed for both the negative and positive electrode mixtures as presented
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`Application/Control Number: 15/873,175
`Art Unit: 1727
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`Page 6
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`in the amended claims. The scope of the claims do not negate the possibility of the binder to be
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`melted or included in a slurry solution as argued. In response to applicant's argument that the
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`references fail to show certain features of applicant’s invention, it is noted that the features upon
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`which applicant relies are not recited in the rejected claim(s). Although the claims are
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`interpreted in light of the specification, limitations from the specification are not read into the
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`claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In response
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`to applicant's arguments against the references individually, one cannot show nonobviousness
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`by attacking references individually where the rejections are based on combinations of
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`references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co.,
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`800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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`Contact/Correspondence Information
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`8.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Kwang S Han whose telephone number is (571)272-1552. The examiner
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`can normally be reached on Monday - Friday, 8am - 5pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone number for the
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`organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAlR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`Application/Control Number: 15/873,175
`Art Unit: 1727
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`Page 7
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`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private
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`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you
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`would like assistance from a USPTO Customer Service Representative or access to the
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`automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1000.
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`Kwang Han
`Examiner
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`Art Unit 1727
`
`/Kwang Han/
`Examiner, Art Unit 1727
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`