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 and Claim Status
The amendment filed 16 April 2026 has been entered. Claims 3–6, 8–18, 20, 21, 24, 25, 7, 29–33, 38–40, and 42 are canceled. Claims 1, 2, 7, 19, 22, 23, 26, 28, 34–37, 41, and 43–56 are pending in the application.
Claim Objections
Claim 46 is objected to because of the following informality:
“manganese-containing oxide or phosphate” should instead read “manganese-containing oxide or manganese-containing phosphate” for added clarity.
Specification
The disclosure is objected to because of the following informalities (note page and line numbers refer to the substitute specification filed 24 March 2021:
P5L4: “1(right,” should instead read “1 (right,” (missing space).
P16L8: “1(right-blue” should instead read “1 (right-blue” (missing space).
P17L3: “°C” should instead read “°C,” (addition of a comma).
P17L6–7: “volumetric energy density (Wh/L) energy density” should instead read “volumetric energy density (Wh/L)” (delete second iteration of “energy density”).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 7, 23, 26, 28, 34–37, 41, 43, 44, 48–50, 52, 53, 55, and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Chung (US 2012/0308889 A1) in view of Yoon et al. (US 2007/0021576 A1).
Regarding Claim 1, Chung discloses an electrode material (see negative active material layer 114, [0048], FIG. 1) comprising an electrochemically active material (see silicon-based active material, [0035]), a binder (see other binders, [0047]), and a polymer as an electrode material additive (see polynorbornene shape memory polymer, [0030]).
Chung does not disclose wherein the polymer comprises norbornene-based monomeric units derived from the polymerization of a norbornene-based monomer of Formula I:
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161
176
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wherein,
R1 and R2 are independently in each occurrence selected from a hydrogen atom, -COOH, -SO3H, -OH, and -F, and wherein at least one of R1 or R2 is -COOH.
Firstly, however, it is noted that this limitation is considered to be a product-by-process limitation, and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (In re Thorpe, 227 USPQ 964,966).
Secondly, Chung does disclose wherein the polymer comprises norbornene-based monomeric units and has the following structure:
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138
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wherein R1 is hydrogen ([0030]–[0031]). While Chung does not explicitly define the monomeric unit used to derive the polymer and therefore does not disclose that the polymer is derived from the polymerization of a norbornene-based monomer unit with the overall structure of Formula I wherein R1 and R2 are both a hydrogen atom, it can be understood by a person of ordinary skill in the art that the polymer of Chung is indeed the result of addition polymerization of such a norbornene-based monomer unit, as shown by Yoon (see addition reaction shown in Reaction Scheme 1, [0005]).
Thus, in summary, Chung in view of Yoon can be understood to disclose wherein the polymer comprises norbornene-based monomeric units derived from the polymerization of a norbornene-based monomer unit of claimed Formula I wherein R1 and R2 are both a hydrogen atom, but still does not disclose wherein at least one of R1 or R2 is -COOH.
Yoon teaches a polymer (see polar functional cycloolefin polymer, [0078]; note [0074] teaches this polymer is the product of addition polymerization as discussed above), wherein the polymer comprises norbornene-based monomeric units derived from the polymerization of a norbornene-based monomer of claimed Formula I wherein R1 and R2 are independently in each occurrence selected from a hydrogen atom and -COOH, and wherein at least one of R1 or R2 is -COOH (see norbornene-based compound containing a polar functional group represented by Chemical Formula 5, [0081]–[0089]; see Examiner Table 1 below for detailed mapping):
Examiner Table 1. Mapping of Yoon Chemical Formula 5 to claimed Formula I
Compound of claimed Formula I
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135
159
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Corresponding compound of Yoon Chemical Formula 5 (m = 0; [0083])
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124
232
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R1 =
R2 =
([0084]–[0085], [0089])
one of R10 and R11 = H, the other =
([0084]–[0085], [0089])
one of R12 or R13 = H, the other =
-H
-COOH
H
C(O)OR15; R15 = H
-COOH
-H
C(O)OR15; R15 = H
H
Yoon teaches ([0096]) that such polymers have beneficial properties such as sufficient adhesion to metals or polymers containing different functional groups, thermal stability, and strength.
Chung is analogous to the claimed invention as it is in the same field of electrochemical cells capable of cycling lithium. Yoon is analogous to the claimed invention as it seeks to solve the same problem of enhancing metal adhesion via polymer design. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the polymer comprised in the electrode material of Chung such that R1 and R2 are independently in each occurrence selected from a hydrogen atom and -COOH, and wherein at least one of R1 or R2 is -COOH, as taught by Yoon, to provide beneficial properties such as sufficient adhesion to metals or polymers containing different functional groups, thermal stability, and strength.
Regarding Claim 7, modified Chung discloses the electrode material as set forth above. Chung further discloses wherein the polymer is a homopolymer (see Chemical Formula 1, [0030]–[0031], which is formed from only one type of repeating unit).
Regarding Claim 23, modified Chung discloses the electrode material as set forth above. Chung further discloses the electrode material further comprising an electronically conductive material (see conductive material, [0035]) selected from the group consisting of carbon black, acetylene black, graphite, carbon fibers, and combinations thereof ([0040]).
Regarding Claim 26, modified Chung discloses the electrode material as set forth above, but does not disclose wherein the weight ratio of the binder to the polymer is within the range of from about 6:1 to about 2:1.
However, Chung does disclose that the binder affects the binding properties of the electrochemically active material to each other and the current collector ([0055]; note that while this description pertains to the binder present in the positive electrode material, one of ordinary skill in the art will understand that it would also be applicable to the binder present in the negative electrode material), and that the polymer affects the removal of stress due to volume change of the electrochemically active material and efficient restoration of the electrochemically active material’s original volume ([0044]). One of ordinary skill in the art will understand that the weight ratio of the binder to the polymer will affect the extent to which each of the above properties is present in the electrode material.
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the weight ratio of the binder to the polymer is a variable that achieves the recognized result of affecting the binding properties of the electrochemically active material to each other and the current collector, the removal of stress due to volume change of the electrochemically active material, and the efficient restoration of the electrochemically active material’s original volume, as disclosed by Chung, thus making the weight ratio of the binder to the polymer a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electrode material of modified Chung such that the weight ratio of the binder to the polymer is within the range of from about 6:1 to about 2:1 via routine experimentation, for the purpose of achieving suitable binding properties of the electrochemically active material to each other and the current collector, removal of stress due to volume change of the electrochemically active material, and efficient restoration of the electrochemically active material’s original volume.
Regarding Claim 28, modified Chung discloses the electrode material as set forth above. Chung further discloses wherein the binder is a polymeric binder of polyether type (see e.g. polyethyleneoxide, [0047]), a synthetic or natural rubber (see e.g. rubber-based binders, [0047], and ethylenepropylenediene copolymer, [0047]), or a fluorinated polymer (see e.g. polytetrafluoroethylene, [0047], and polyvinylidene fluoride (PVDF), [0047]).
Regarding Claim 34, modified Chung discloses the electrode material as set forth above. Modified Chung further discloses an electrode (see negative electrode, Chung [0030], i.e. negative electrode 110, Chung [0048], FIG. 1) comprising the electrode material as defined in claim 1 a current collector (see current collector 112, Chung [0057], FIG. 1).
Regarding Claim 35, modified Chung discloses the electrode material as set forth above. Modified Chung further discloses an electrochemical cell (see rechargeable lithium battery, Chung [0030], [0048], FIG. 1) comprising a negative electrode (see negative electrode, Chung [0030], i.e. negative electrode 110, Chung [0048], FIG. 1), a positive electrode (see positive electrode 100, Chung [0048], FIG. 1) and an electrolyte (see non-aqueous electrolyte 130, Chung [0048], FIG. 1), wherein the negative electrode comprises an electrode material as defined in claim 1.
Regarding Claim 36, modified Chung discloses the electrode as set forth above. Modified Chung further discloses an electrochemical cell (see rechargeable lithium battery, Chung [0030], [0048], FIG. 1) comprising a negative electrode (see negative electrode, Chung [0030], i.e. negative electrode 110, Chung [0048], FIG. 1), a positive electrode (see positive electrode 100, Chung [0048], FIG. 1), and an electrolyte (see non-aqueous electrolyte 130, Chung [0048], FIG. 1), wherein the negative electrode is as defined in claim 34.
Regarding Claims 37 and 43, modified Chung discloses the electrochemical cells as set forth above. Chung further discloses wherein the electrolyte is a liquid electrolyte comprising a salt in a solvent ([0062]).
Regarding Claim 41, modified Chung discloses the electrochemical cell as set forth above. Modified Chung further discloses a battery (see rechargeable lithium battery, Chung [0030], [0048], FIG. 1) comprising at least one electrochemical cell as defined in claim 35.
Regarding Claim 44, modified Chung discloses the electrochemical cell as set forth above. Modified Chung further discloses a battery (see rechargeable lithium battery, Chung [0030], [0048], FIG. 1) comprising at least one electrochemical cell as defined in claim 36.
Regarding Claim 48, modified Chung discloses the electrode material as set forth above. Chung further discloses wherein the electronically conductive material is a combination of acetylene black and carbon fibers ([0040]).
Regarding Claim 49, modified Chung discloses the electrode material as set forth above. Chung further discloses wherein the fluorinated polymer is polytetrafluoroethylene or polyvinylidene fluoride ([0047]).
Regarding Claim 50, modified Chung discloses the electrode material as set forth above. Chung further discloses wherein the synthetic or natural rubber is ethylene propylene diene monomer rubber (see ethylenepropylenediene copolymer, [0047]).
Regarding Claims 52 and 55, modified Chung discloses the electrochemical cells as set forth above. Chung further discloses wherein the salt is a lithium salt ([0062]).
Regarding Claims 53 and 56, modified Chung discloses the batteries as set forth above. Chung further discloses wherein said battery is a lithium-ion battery (see lithium ion batteries, [0074]).
Claims 2 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Chung (US 2012/0308889 A1) in view of Yoon et al. (US 2007/0021576 A1) as applied to Claim 1 above, as evidenced by Billmeyer (“Characterization of Molecular Weight Distributions in High Polymers”).
Regarding Claim 2, modified Chung discloses the electrode material as set forth above. Modified Chung discloses wherein the polymer is of Formulae II or II(a):
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171
365
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wherein,
R1 and R2 are as defined in claim 1 (as set forth in the rejection of Claim 1 above, modified Chung discloses wherein the polymer comprises norbornene-based monomeric units derived from an addition polymerization of a norbornene-based monomer of Formula I wherein R1 and R2 are independently in each occurrence selected from a hydrogen atom and -COOH, and wherein at least one of R1 or R2 is -COOH; thus it can be understood that modified Chung discloses wherein the polymer is of Formula II wherein R1 and R2 are independently in each occurrence selected from a hydrogen atom and -COOH, and wherein at least one of R1 or R2 is -COOH, and also wherein the polymer is of Formula II(a) wherein R2 is a hydrogen atom or -COOH).
Modified Chung does not disclose wherein n is an integer selected such that the number average molecular weight is from about 10000 g/mol to about 100000 g/mol, limits included. However, Chung does disclose ([0034]) wherein the weight average molecular weight is from 5000 g/mol to 300000 g/mol. Considering that the number average molecular weight of a given polymer must necessarily be equal to or less than its weight average molecular weight, as evidenced by Billmeyer (p. 162 ¶ “The distribution of…” and Fig. 1), Chung can therefore be understood to implicitly disclose a number average molecular weight of 300000 g/mol or less. Chung also discloses ([0034]) that a weight average molecular weight of 300000 g/mol or less ensures that the negative active material slurry can be easily prepared and easily suppress a disadvantageous resistance increase of a substrate.
When the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (MPEP § 2144.05.I). It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to select the overlapping portions of the ranges for the number average molecular weight with a reasonable expectation that such selection will result in a functional electrode material wherein the negative active material slurry can be easily prepared and easily suppress a disadvantageous resistance increase of a substrate.
Regarding Claim 45, modified Chung discloses the electrode material as set forth above. As already set forth in the rejection of Claim 2 above, modified Chung discloses wherein R2 is -COOH or a hydrogen atom.
Claims 19, 22, 46, and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Chung (US 2012/0308889 A1) in view of Yoon et al. (US 2007/0021576 A1), as applied to Claim 1 above, in further view of Zhou (US 2013/0011738 A1).
Regarding Claims 19, 22 and 46, modified Chung discloses the electrode material as set forth above, but does not disclose wherein the electrochemically active material is metal oxide particles, lithiated metal oxide particles, metal phosphate particles, or lithiated metal phosphate particles, wherein the electrochemically active material further comprises at least one doping element, or wherein the electrochemically active material is a manganese-containing oxide or phosphate. Instead, since the electrode material of Chung is a negative electrode material, Chung discloses as set forth in the rejection of Claim 1 above that the electrochemically active material is a silicon-based material ([0035]). It is further noted that Chung discloses that a purpose of the polymer is to control volume expansion of the silicon-based active material during cycling ([0034], [0042]).
Zhou teaches an electrode material (see cathode material, [0034]) comprising an electrochemically active material (see cathode active material, [0035]). Further, Zhou teaches that the problem of volume expansion of electrochemically active material during cycling also occurs when the electrode material is a positive electrode material ([0004]), and the electrochemically active material is metal oxide particles, lithiated metal oxide particles, metal phosphate particles, or lithiated metal phosphate particles ([0035]).
Zhou is analogous to the claimed invention as it is in the same field of electrochemical cells capable of cycling lithium. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify modified Chung such that the polymer is also comprised in the positive electrode material, as a purpose of the polymer is to control volume expansion of the electrochemically active material during cycling, and Zhou teaches that this problem also occurs when the electrode material is a positive electrode material.
Such a modification will result in modified Chung disclosing an electrode material (see positive active material layer 104, Chung [0049], FIG. 1) comprising an electrochemically active material (see positive active material, Chung [0051]), a binder (see binder, Chung [0055]), and a polymer as an electrode material additive as set forth above. Chung further discloses wherein the electrochemically active material is metal oxide particles, lithiated metal oxide particles, metal phosphate particles, or lithiated metal phosphate particles ([0051]–[0052]), and wherein the electrochemically active material further comprises at least one doping element (see e.g. LiaNi1−b−cCobRcDα, [0052], wherein R can be for instance Mg, [0053], and can be considered a doping element). Finally, Chung further discloses wherein the electrochemically active material is a manganese-containing oxide (see e.g. LiaNi1−b−cMnbRcDα wherein b does not equal 0 and D is O, [0052]–[0053]) or a manganese-containing phosphate (see e.g. Li(3−f)J2(PO4)3 wherein J is Mn, [0052]–[0053]).
Regarding Claim 47, modified Chung discloses the electrode material as set forth above. Chung further discloses wherein the metal is a transition metal selected from the group consisting of iron (Fe) (see e.g. LiFePO4, [0052]), manganese (Mn) (see e.g. LiaA1−bRbD2 wherein A is Mn, b = 0, and D is O, [0052]–[0053]), vanadium (V) (see e.g. LiV2O5, [0053]), nickel (Ni) (see e.g. LiaA1−bRbD2 wherein A is Ni, b = 0, and D is O, [0052]–[0053]), and cobalt (Co) (see e.g. LiaA1−bRbD2 wherein A is Co, b = 0, and D is O, [0052]–[0053]), and a combination of at least two thereof ([0052]–[0053]).
Claims 51 and 54 are rejected under 35 U.S.C. 103 as being unpatentable over Chung (US 2012/0308889 A1) in view of Yoon et al. (US 2007/0021576 A1) as applied to Claims 37 and 43 above, in further view of Zaghib et al. (US 2011/0287325 A1; art already of record).
Regarding Claims 51 and 54, modified Chung discloses the electrochemical cells as set forth above, but does not disclose wherein the electrolyte is a gel electrolyte comprising a salt in a solvent, and further does not disclose wherein the gel electrolyte further comprises a solvating polymer. Instead, as set forth above, Chung discloses wherein the electrolyte is a liquid electrolyte comprising a salt in a solvent ([0062]).
Zaghib teaches ([0032]) an electrochemical cell ([0032]) comprising a negative electrode (see anode, [0032]), positive electrode, (see cathode, [0032]), and a gel electrolyte ([0032]) comprising a polymer ([0011]–[0020], [0032]) gelled by a solvent (see liquid solvent, [0032]) and a salt (see lithium salt, [0032]), the polymer being considered a solvating polymer. Zaghib teaches ([0002]) that it is advantageous to utilize gel electrolytes over liquid electrolytes in lithium-cycling electrochemical cells, because gel electrolytes have no free liquid, and the absence of free liquid guarantees a higher safety while maintaining a high ionic conductivity.
Zaghib is analogous to the claimed invention as it is in the same field of electrochemical cells capable of cycling lithium. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electrochemical cells of modified Chung such that the electrolyte is a gel electrolyte comprising a polymer gelled by a solvent and a salt, the polymer being considered a solvating polymer, as taught by Zaghib, for the purpose of producing an electrochemical cell with no free liquid, which will guarantee a higher safety while maintaining a high ionic conductivity.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Note for the following double patenting rejections: in situations where referenced claims have branching dependencies, it would have been obvious to a person of ordinary skill in the art to incorporate the subject matter of a reference claim into the subject matter of another reference claim, considering that they are present in the same reference application).
Claims 1, 2, 7, 19, 22, 23, 26, 28, 34–37, 41, 43–48, 52, 53, 55, and 56 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, 31, 33, 42, 48, 65, 66, 67, 68, 80, 83, 86, 103, and 112 of copending Application No. 18/565,828 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding instant Claim 1, 18/565,828 claims an electrode material comprising an electrochemically active material (reference claim 31), a binder (reference claim 65), and a polymer as an electrode material additive, wherein the polymer comprises norbornene-based monomeric units derived from the polymerization of a norbornene-based monomer of Formula I:
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159
154
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wherein,
R1 and R2 are independently in each occurrence selected from a hydrogen atom, -COOH, -SO3H, -OH, and -F, and wherein at least one of R1 or R2 is -COOH (see polymer comprising norbornene-based monomer units derived from polymerization of a Formula II compound, reference claim 67; note that as reference claim 67 refers to the polymer as one of multiple components of the binder, it can be understood that the polymer can be considered an electrode material additive present in addition to other components making up a separate “binder”, i.e. the polybutadiene-based polymer recited in reference claim 67 can be considered the instantly claimed binder).
Regarding instant Claim 2, 18/565,828 claims wherein the polymer is of Formulae II or II(a):
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173
343
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wherein,
R1 and R2 are as defined in claim 1 (reference claim 68).
While 18/565,828 does not claim wherein n is an integer selected so that the number average molecular weight is from about 10000 g/mol to about 100000 g/mol, limits included, 18/565,828 does claim wherein n is an integer selected so that the mass average molecular weight of the polymer of Formula III is between about 10000 g/mol and about 100000 g/mol, upper and lower limits included (reference claim 68), which would be expected to substantially overlap and thus render obvious the above limitation (see MPEP § 2144.05.I).
Regarding instant Claim 7, 18/565,828 does not claim any other monomeric units present in the polymer comprising norbornene-based monomer units derived from polymerization of the Formula II compound (reference claim 67), and therefore it can be understood that 18/565,828 claims wherein the polymer is a homopolymer.
Regarding instant Claim 19, 18/565,828 claims wherein the electrochemically active material is metal oxide particles, lithiated metal oxide particles, metal phosphate particles, or lithiated metal phosphate particles (reference claim 33).
Regarding instant Claim 22, 18/565,828 claims wherein the electrochemically active material further comprises at least one doping element (reference claim 42).
Regarding instant Claim 23, 18/565,828 claims the electrode material further comprising an electronically conductive material selected from the group consisting of carbon black, acetylene black, graphite, graphene, carbon fibers, carbon nanofibers, carbon nanotubes, and combinations thereof (reference claim 48).
Regarding instant Claim 26, 18/565,828 claims wherein the weight ratio of the binder to the polymer is within a range of from about 6:1 to about 2:1 (reference claim 80).
Regarding instant Claim 28, 18/565,828 claims wherein the binder is a polymeric binder of polyether type (reference claim 66), a synthetic or natural rubber (see polybutadiene-based polymer, reference claim 67), or a fluorinated polymer (reference claim 66).
Regarding instant Claim 34, 18/565,828 claims an electrode comprising the electrode material as defined in claim 1 on a current collector (reference claim 83).
Regarding instant Claim 35, 18/565,828 claims an electrochemical cell comprising a negative electrode, a positive electrode, and an electrolyte, wherein at least one of the negative electrode or the positive electrode comprises an electrode material as defined in claim 1 (reference claim 103).
Regarding instant Claim 36, 18/565,828 claims an electrochemical cell comprising a negative electrode, a positive electrode, and an electrolyte, wherein at least one of the positive electrode and negative electrode is as defined in claim 34 (reference claim 103).
Regarding instant Claims 37 and 43, 18/565,828 claims wherein the electrolyte is (i) a liquid electrolyte comprising a salt in a solvent or (iii) a solid polymer electrolyte comprising a salt in a solvating polymer (reference claim 86).
Regarding instant Claim 41, 18/565,828 claims a battery comprising at least one electrochemical cell as defined in claim 35 (reference claim 112).
Regarding instant Claim 44, 18/565,828 claims a battery comprising at least one electrochemical cell as defined in claim 36 (reference claim 112).
Regarding instant Claim 45, 18/565,828 claims wherein R2 is -COOH or a hydrogen atom (reference claim 67).
Regarding instant Claim 46, 18/565,828 claims wherein the electrochemically active material is a manganese-containing oxide or phosphate (reference claim 33).
Regarding instant Claim 47, 18/565,828 claims wherein the metal is a transition metal selected from the group consisting of iron (Fe), titanium (Ti), manganese (Mn), vanadium (V), nickel (Ni), cobalt (Co), and a combination of at least two thereof (reference claim 33).
Regarding instant Claim 48, 18/565,828 claims wherein the electronically conductive material is a combination of acetylene black and carbon fibers (reference claim 48).
Regarding instant Claims 52 and 55, while 18/565,828 does not claim wherein the salt is a lithium salt, 18/565,828 does claim wherein the electrochemical cell is a lithium-ion battery (reference claim 112), and thus it would have been obvious to modify the electrochemical cells of 18/565,828 such that the salt is a lithium salt.
Regarding instant Claims 53 and 56, 18/565,828 claims wherein said battery is a lithium-ion battery (reference claim 112).
Claims 49 and 50 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, 31, 33, 42, 48, 65, 66, 67, 68, 80, 83, 86, 103, and 112 of copending Application No. 18/565,828 (reference application) as applied to Claim 28 above, in view of Chung (US 2012/0308889 A1).
Regarding instant Claim 49, 18/565,828 does not claim wherein the fluorinated polymer is polytetrafluoroethylene or polyvinylidene fluoride.
Chung teaches an electrode material (see negative active material layer 114, [0048], FIG. 1) comprising a binder (see other binders, [0047]), wherein the binder is a fluorinated polymer such as polytetrafluoroethylene or polyvinylidene fluoride ([0047]).
KSR Rationale KSR Rationale D (MPEP § 2141) states that it is obvious to apply a “known technique to a known device (method, or product) ready for improvement to yield predictable results”. In the instant case, Chung teaches that polytetrafluoroethylene and polyvinylidene are known binders for use in electrode materials. It would therefore have been obvious to a person of ordinary skill in the art to modify the electrode material of 18/565,828 such that the fluorinated polymer is polytetrafluoroethylene or polyvinylidene fluoride, as taught by Chung, to yield the predictable result of a functional electrode material with a suitable binder.
Regarding instant Claim 50, 18/565,828 does not claim wherein the synthetic or natural rubber is ethylene propylene diene monomer rubber.
Chung teaches an electrode material (see negative active material layer 114, [0048], FIG. 1) comprising a binder (see other binders, [0047]), wherein the binder is a synthetic or natural rubber such as ethylene propylene diene monomer rubber (see ethylenepropylenediene copolymer, [0047]).
KSR Rationale KSR Rationale D (MPEP § 2141) states that it is obvious to apply a “known technique to a known device (method, or product) ready for improvement to yield predictable results”. In the instant case, Chung teaches that ethylene propylene diene monomer rubber is a known binder for use in electrode materials. It would therefore have been obvious to a person of ordinary skill in the art to modify the electrode material of 18/565,828 such that the synthetic or natural rubber is ethylene propylene diene monomer rubber, as taught by Chung, to yield the predictable result of a functional electrode material with a suitable binder.
Claims 51 and 54 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, 31, 33, 42, 48, 65, 66, 67, 68, 80, 83, 86, 103, and 112 of copending Application No. 18/565,828 (reference application) as applied to Claims 37 and 43 above, in view of Zaghib et al. (US 2011/0287325 A1; art already of record).
Regarding instant Claims 51 and 54, 18/565,828 does not claim wherein the electrolyte is a gel electrolyte comprising a salt in a solvent, and further does not claim wherein the gel electrolyte further comprises a solvating polymer.
Zaghib teaches ([0032]) an electrochemical cell ([0032]) comprising a negative electrode (see anode, [0032]), positive electrode, (see cathode, [0032]), and a gel electrolyte ([0032]) comprising a polymer ([0011]–[0020], [0032]) gelled by a solvent (see liquid solvent, [0032]) and a salt (see lithium salt, [0032]), the polymer being considered a solvating polymer. Zaghib teaches ([0002]) that it is advantageous to utilize gel electrolytes over liquid electrolytes in lithium-cycling electrochemical cells, because gel electrolytes have no free liquid, and the absence of free liquid guarantees a higher safety while maintaining a high ionic conductivity.
Zaghib is analogous to the claimed invention as it is in the same field of electrochemical cells capable of cycling lithium. It would therefore have been obvious modify the electrochemical cells of 18/565,828 such that the electrolyte is a gel electrolyte comprising a polymer gelled by a solvent and a salt, the polymer being considered a solvating polymer, as taught by Zaghib, for the purpose of producing an electrochemical cell with no free liquid, which will guarantee a higher safety while maintaining a high ionic conductivity.
***
Claims 1, 2, 7, 19, 22, 23, 26, 28, 34–37, 41, 43–48, and 51–56 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 15, 23, 25, 26, 41, 56, 58, 59, and 77 of copending Application No. 18/566,233 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding instant Claim 1, 18/566,233 claims an electrode material (reference claim 23) comprising an electrochemically active material (reference claim 23), a binder (reference claim 1), and a polymer as an electrode material additive, wherein the polymer comprises norbornene-based monomeric units derived from the polymerization of a norbornene-based monomer of Formula I:
PNG
media_image6.png
159
154
media_image6.png
Greyscale
wherein,
R1 and R2 are independently in each occurrence selected from a hydrogen atom, -COOH, -SO3H, -OH, and -F, and wherein at least one of R1 or R2 is -COOH (see polynorbornene-based polymer comprising norbornene-based monomer units derived from polymerization of a Formula I compound, reference claim 1; note that as reference claim 1 refers to the polymer as one of multiple components of the binder, it can be understood that the polymer can be considered an electrode material additive present in addition to other components making up a separate “binder”, i.e. the polybutadiene-based polymer recited in reference claim 1 can be considered the instantly claimed binder).
Regarding instant Claim 2, 18/566,233 claims wherein the polymer is of Formulae II or II(a):
PNG
media_image7.png
173
343
media_image7.png
Greyscale
wherein,
R1 and R2 are as defined in claim 1 (reference claim 2).
While 18/566,233 does not claim wherein n is an integer selected so that the number average molecular weight is from about 10000 g/mol to about 100000 g/mol, limits included, 18/566,233 does claim wherein n is an integer selected so that the mass average molecular weight of the polymer of Formula III is between about 10000 g/mol and about 100000 g/mol, upper and lower limits included (reference claim 2), which would be expected to substantially overlap and thus render obvious the above limitation (see MPEP § 2144.05.I).
Regarding instant Claim 7, 18/566,233 does not claim any other monomeric units present in the polymer comprising norbornene-based monomer units derived from polymerization of the Formula II compound (reference claim 1), and therefore it can be understood that 18/566,233 claims wherein the polymer is a homopolymer.
Regarding instant Claim 19, 18/566,233 claims wherein the electrochemically active material is metal oxide particles, lithiated metal oxide particles, metal phosphate particles, or lithiated metal phosphate particles (reference claim 26).
Regarding instant Claim 22, 18/566,233 claims wherein the electrochemically active material further comprises at least one doping element (reference claim 26).
Regarding instant Claim 23, 18/566,233 claims the electrode material further comprising an electronically conductive material selected from the group consisting of carbon black, acetylene black, graphite, graphene, carbon fibers, carbon nanofibers, carbon nanotubes, and combinations thereof (reference claim 41).
Regarding instant Claim 26, while 18/566,233 does not claim wherein the weight ratio of the binder to the polymer is within a range of from about 6:1 to about 2:1, 18/566,233 does claim wherein the weight ratio of the binder to the polymer is within a range of from about 6:1 to about 2:3 (reference claim 15), which substantially overlaps with and therefore renders obvious the above limitation (MPEP § 2144.05.I).
Regarding instant Claim 28, 18/566,233 claims wherein the binder is a polymeric binder of a synthetic or natural rubber (see polybutadiene-based polymer, reference claim 1).
Regarding instant Claim 34, 18/566,233 claims an electrode comprising the electrode material as defined in claim 1 on a current collector (reference claim 56).
Regarding instant Claim 35, 18/566,233 claims an electrochemical cell comprising a negative electrode, a positive electrode, and an electrolyte, wherein at least one of the negative electrode or the positive electrode comprises an electrode material as defined in claim 1 (reference claim 58).
Regarding instant Claim 36, 18/566,233 claims an electrochemical cell comprising a negative electrode, a positive electrode, and an electrolyte, wherein at least one of the positive electrode and negative electrode is as defined in claim 34 (reference claim 58).
Regarding instant Claims 37 and 43, 18/566,233 claims wherein the electrolyte is (i) a liquid electrolyte comprising a salt in a solvent, (ii) a gel electrolyte comprising a salt in a solvent, or (iii) a solid polymer electrolyte comprising a salt in a solvating polymer (reference claim 59).
Regarding instant Claim 41, 18/566,233 claims a battery comprising at least one electrochemical cell as defined in claim 35 (reference claim 77).
Regarding instant Claim 44, 18/566,233 claims a battery comprising at least one electrochemical cell as defined in claim 36 (reference claim 77).
Regarding instant Claim 45, 18/566,233 claims wherein R2 is -COOH or a hydrogen atom (reference claim 1).
Regarding instant Claim 46, 18/566,233 claims wherein the electrochemically active material is a manganese-containing oxide or phosphate (reference claim 26).
Regarding instant Claim 47, 18/566,233 claims wherein the metal is a transition metal selected from the group consisting of iron (Fe), titanium (Ti), manganese (Mn), vanadium (V), nickel (Ni), cobalt (Co), and a combination of at least two thereof (reference claim 26).
Regarding instant Claim 48, 18/566,233 claims wherein the electronically conductive material is a combination of acetylene black and carbon fibers (reference claim 41).
Regarding instant Claims 51 and 54, 18/566,233 claims wherein the gel electrolyte further comprises a solvating polymer (reference claim 59).
Regarding instant Claims 52 and 55, while 18/566,233 does not claim wherein the salt is a lithium salt, 18/566,233 does claim wherein the electrochemical cell is a lithium-ion battery (reference claim 77), and thus it would have been obvious to modify the electrochemical cells of 18/566,233 such that the salt is a lithium salt.
Regarding instant Claims 53 and 56, 18/566,233 claims wherein said battery is a lithium-ion battery (reference claim 77).
Claims 49 and 50 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 15, 23, 25, 26, 41, 56, 58, 59, and 77 of copending Application No. 18/566,233 (reference application) as applied to Claim 28 above, in view of Chung (US 2012/0308889 A1).
Regarding instant Claim 49, 18/566,233 does not claim wherein the binder is a fluorinated polymer, and further wherein the fluorinated polymer is polytetrafluoroethylene or polyvinylidene fluoride.
Chung teaches an electrode material (see negative active material layer 114, [0048], FIG. 1) comprising a binder (see other binders, [0047]), wherein the binder is a fluorinated polymer such as polytetrafluoroethylene or polyvinylidene fluoride ([0047]).
KSR Rationale KSR Rationale D (MPEP § 2141) states that it is obvious to apply a “known technique to a known device (method, or product) ready for improvement to yield predictable results”. In the instant case, Chung teaches that polytetrafluoroethylene and polyvinylidene are known binders for use in electrode materials. It would therefore have been obvious to a person of ordinary skill in the art to modify the electrode material of 18/566,233 such that the binder is a fluorinated polymer, and the fluorinated polymer is polytetrafluoroethylene or polyvinylidene fluoride, as taught by Chung, to yield the predictable result of a functional electrode material with a suitable binder.
Regarding instant Claim 50, 18/566,233 does not claim wherein the synthetic or natural rubber is ethylene propylene diene monomer rubber.
Chung teaches an electrode material (see negative active material layer 114, [0048], FIG. 1) comprising a binder (see other binders, [0047]), wherein the binder is a synthetic or natural rubber such as ethylene propylene diene monomer rubber (see ethylenepropylenediene copolymer, [0047]).
KSR Rationale KSR Rationale D (MPEP § 2141) states that it is obvious to apply a “known technique to a known device (method, or product) ready for improvement to yield predictable results”. In the instant case, Chung teaches that ethylene propylene diene monomer rubber is a known binder for use in electrode materials. It would therefore have been obvious to a person of ordinary skill in the art to modify the electrode material of 18/566,233 such that the synthetic or natural rubber is ethylene propylene diene monomer rubber, as taught by Chung, to yield the predictable result of a functional electrode material with a suitable binder.
These are provisional nonstatutory double patenting rejections because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant’s arguments in the Remarks filed 16 April 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or mattery specifically challenged in the argument.
Conclusion
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/J.M.F./Examiner, Art Unit 1725
/GREGG CANTELMO/Primary Examiner, Art Unit 1725
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