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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/12/2025 has been entered.
Status of Claims
The Applicant’s amendments and arguments, filed 09/12/2025, has been entered. Claims 7-14 are amended; and claims 1-6 are cancelled. Support for the amendments is found in the original filing, and there is no new matter.
Applicant’s arguments (dated 09/12/2025), see Page 5-6, with respect to the
rejection(s) of Claims 1-2 and 5-14 under 35 U.S.C. 103 in conjunction with the claim amendments have been fully considered. Applicant’s amendments have overcome the 35 U.S.C. 103 rejection previously set forth in the Office Action mailed 06/17/2025. Support for the amendments is found in the original filing, and there is no new matter. Therefore, the rejection has been withdrawn.
However, upon further consideration, amended and new grounds of rejections
under 35 U.S.C. 103 citing to newly found art and previously cited 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., cParkging 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.
Claims 7-14 are rejected under 35 U.S.C. U.S.C. 103 as being unpatentable over Park et al. (US 20170117543 A1, hereinafter Park), in view of Kato et al. (US 20160251466 A1, hereinafter Kato), previously cited in “Notice of References Cited” dated 06/17/2025.
Regarding Claims 7, Park discloses the limitations for a non-aqueous electrolyte cell (Park, secondary battery, and the electrolyte solution may include a non-aqueous organic solvent and a metal salt, [0079, 0083]) negative electrode slurry (Park, negative electrode material slurry, [0066]), comprising a negative active material (Park, negative electrode active material, [0066]); and a non-aqueous electrolyte cell electrode binder solution comprising water (Park, the solvent may include water and may be used in an amount such that desirable viscosity is obtained when the negative electrode active material as well as the binder are included, [0071]) and
a non-aqueous electrolyte cell electrode binder, the non-aqueous electrolyte cell electrode binder comprises a water-soluble resin, wherein: the water-soluble resin is a vinyl alcohol-based polymer (Park, the binder may include polyvinyl alcohol, [0069]).
Park is silent regarding the vinyl alcohol-based polymer comprises a unit derived from a monomer (a); the monomer (a) is at least one monomer selected from the group consisting of a carboxylic acid having an unsaturated double bond, an alkyl ester of the carboxylic acid, an acid anhydride of the carboxylic acid, and a salt of the carboxylic acid;
the vinyl alcohol-based polymer does not comprise a unit derived from a silyl compound having an unsaturated double bond;
the vinyl alcohol-based polymer does not comprise a unit derived from a vinyl ether;
a degree of modification of the water-soluble resin is from 0.02% by mol to 5% by mol based on the number of moles of all monomer units constituting the water-soluble resin,
a viscosity at a shear rate of 10 s-1 at 25 °C of the aqueous solution is from 4 Pa • s to 30 Pa • s, and
a thixotropic index defined by a viscosity ratio between a viscosity at a shear rate of 10 s-1 and a viscosity at a shear rate of 100 s-1 at 25 °C of the aqueous solution is from 1.8 to 5.
Kato discloses a binder (Kato, PVA is used as an aqueous emulsion to use for a binder, [0004]), comprising a water-soluble resin, wherein:
the water-soluble resin is a vinyl alcohol-based polymer (Kato, PVA is used as an aqueous emulsion to use for a binder, [0004]);
the vinyl alcohol-based polymer comprises a unit derived from a monomer (a); the monomer (a) is at least one monomer selected from the group consisting of a carboxylic acid having an unsaturated double bond, an alkyl ester of the carboxylic acid, an acid anhydride of the carboxylic acid, and a salt of the carboxylic acid; the vinyl alcohol-based polymer does not comprise a unit derived from a silyl compound having an unsaturated double bond; the vinyl alcohol-based polymer does not comprise a unit derived from a vinyl ether (Kato, vinyl alcohol polymer obtained by polymerizing a vinyl ester in the presence of at least one monomer selected from the group consisting of a carboxylic acid having an unsaturated double bond, an alkyl ester thereof, an acid anhydride thereof and a salt thereof, Claim 2);
a degree of modification of the water-soluble resin is from 0.02% by mol to 5% by mol based on the number of moles of all monomer units constituting the water-soluble resin (Kato, the degree of modification of the unit derived from the monomer (a) in the PVA (A) is, based on the number of moles of all the monomer units constituting the PVA (A), is 0.1 mol% to 5 mol%, [0070]; the disclosed degree of modification range of 0.1 mol% to 5 mol% falls within the claimed range of 0.02% by mol to 5% by mol).
Kato discloses that the PVA aqueous emulsion when used as a binder has superior strength (Kato, [0043]). Kato further discloses that when the degree of modification is within the above range, the strength, water resistance, and stability of the PVA is further improved (Kato, [0071-0072]).
Park and Kato are analogous to the current invention as they are all directed towards a polyvinyl alcohol binder.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the vinyl alcohol polymer of Kato in the negative electrode slurry of Park, in order to have a binder with superior strength, water resistance, and stability.
Modified Park does not explicitly disclose:
a viscosity at a shear rate of 10 s-1 at 25 °C of the aqueous solution is from 4 Pa • s to 30 Pa • s, and
a thixotropic index defined by a viscosity ratio between a viscosity at a shear rate of 10 s-1 and a viscosity at a shear rate of 100 s-1 at 25 °C of the aqueous solution is from 1.8 to 5;
With respect to the limitations above, it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited binder composition.
Applicant discloses that as the degree of modification is from 0.02% by mol to 5% by mol, the viscosity and TI of a binder containing a water-soluble resin in a solution state can be easily adjusted within the respective predetermined ranges such that the adhesiveness of an adhesive layer formed from a slurry comprising the binder which contains a water-soluble resin is further improved (see Instant Specification [0045]).
Accordingly, it is reasonably interpreted that degree of modification mol% range is critical to the recited binder composition such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Modified Park discloses the degree of modification of the unit derived from the monomer (a) in the PVA (A) is, based on the number of moles of all the monomer units constituting the PVA (A), is 0.1 mol% to 5 mol% (Kato, [0070]). Modified Park further teaches that the PVA aqueous emulsion when used as a binder has superior strength (Kato, [0043]), and when the degree of modification is within the above range, the strength, water resistance, and stability of the PVA is further improved (Kato, [0071-0072]).
It is submitted that the binder composition of modified Park is substantially similar to the instant non-aqueous electrolyte cell electrode binder such that the binder composition of modified Park would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the binder composition of modified Park would inherently possess physical properties, e.g. viscosity and thixotropic index, such that the binder composition of modified Park would necessarily fulfill the recited limitations, i.e.
when the binder composition is in a state of an aqueous solution with a solid content concentration of 10% by mass, a viscosity at a shear rate of 10 s-1 at 25 °C of the aqueous solution is from 4 Pa • s to 30 Pa • s, and
a thixotropic index defined by a viscosity ratio between a viscosity at a shear rate of 10 s-1 and a viscosity at a shear rate of 100 s-1 at 25 °C of the aqueous solution is from 1.8 to 5
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 binder composition of modified Park. The skilled artisan would reasonably find that the disclosed binder composition of Park is so similar to the instant non-aqueous electrolyte cell electrode binder, that the prior art binder composition would also exhibit the claimed viscosity and thixotropic index.
It would be further obvious because modified Park discusses that viscosity is affected by the degree of modification in the binder composition, and thus, the skilled artisan would arrive at the claimed viscosity and thixotropic index properties once the degree of modification of the unit derived from the monomer (a) in the PVA (A) is, based on the number of moles of all the monomer units constituting the PVA (A), is 0.1 mol% to 5 mol% (Kato, [0070]).
Regarding Claim 8, modified Park discloses all of the claim limitations as set forth above. Modified Park discloses the limitations for a non-aqueous electrolyte cell (Park, secondary battery, and the electrolyte solution may include a non-aqueous organic solvent and a metal salt, [0079, 0083]) negative electrode slurry (Park, negative electrode material slurry, [0066]), wherein a content of the non-aqueous electrolyte cell electrode binder is from 0.1 parts by mass to 20 parts by mass with respect to 100 parts by mass of the active material (Park, the binder may be included in an amount of 0.1 wt % to 20 wt % based on the total weight of the negative electrode active material slurry composition, [0069]; the disclosed binder composition of 0.1 wt % to 20 wt % based on the total weight of the negative electrode active material slurry composition falls within the claimed electrode binder range of 0.1 parts by mass to 20 parts by mass with respect to 100 parts by mass of the active material).
Regarding Claim 9, modified Park discloses all of the claim limitations as set forth above. Modified Park discloses the limitations for a non-aqueous electrolyte cell (Park, secondary battery, and the electrolyte solution may include a non-aqueous organic solvent and a metal salt, [0079, 0083]) negative electrode slurry (Park, negative electrode material slurry, [0066]), comprising a cured product of the non-aqueous electrolyte cell negative electrode slurry and a current collector (Park, the negative electrode active material slurry composition was applied to a thickness of about 60 μm on a copper current collector having a thickness of 10 μm, and after being dried for 0.5 hours at 100° C. in a hot-air dryer, was dried once more for 4 hours at 120° C. in a vacuum and roll-pressed to manufacture a negative electrode plate, [0097]).
Regarding Claim 10, modified Park discloses all of the claim limitations as set forth above. Modified Park discloses the limitations for a non-aqueous electrolyte cell, comprising the non-aqueous electrolyte cell negative electrode (Park, a secondary battery comprising a negative electrode, Claim 16).
Regarding Claims 11, modified Park discloses all of the claim limitations as set forth above. Modified Park discloses the limitations for a non-aqueous electrolyte cell (Park, secondary battery, and the electrolyte solution may include a non-aqueous organic solvent and a metal salt, [0079, 0083]) positive electrode slurry (Park, positive electrode material slurry, [0073]), comprising a positive active material (Park, positive electrode active material, [0073]); and a non-aqueous electrolyte cell electrode binder solution comprising N-methyl-2-pyrrolidone (Park, the solvent may include an organic solvent such as n-methyl-2-pyrrolidone (NMP), and may be used in an amount such that desirable viscosity is obtained when the positive electrode active material as well as the binder are included, [0078]) and
a non-aqueous electrolyte cell electrode binder, the non-aqueous electrolyte cell electrode binder comprises a water-soluble resin, wherein: the water-soluble resin is a vinyl alcohol-based polymer (Park, the binder may include polyvinyl alcohol, [0069]),
the vinyl alcohol-based polymer comprises a unit derived from a monomer (a); the monomer (a) is at least one monomer selected from the group consisting of a carboxylic acid having an unsaturated double bond, an alkyl ester of the carboxylic acid, an acid anhydride of the carboxylic acid, and a salt of the carboxylic acid; the vinyl alcohol-based polymer does not comprise a unit derived from a silyl compound having an unsaturated double bond; the vinyl alcohol-based polymer does not comprise a unit derived from a vinyl ether (Kato, vinyl alcohol polymer obtained by polymerizing a vinyl ester in the presence of at least one monomer selected from the group consisting of a carboxylic acid having an unsaturated double bond, an alkyl ester thereof, an acid anhydride thereof and a salt thereof, Claim 2);
a degree of modification of the water-soluble resin is from 0.02% by mol to 5% by mol based on the number of moles of all monomer units constituting the water-soluble resin (Kato, the degree of modification of the unit derived from the monomer (a) in the PVA (A) is, based on the number of moles of all the monomer units constituting the PVA (A), is 0.1 mol% to 5 mol%, [0070]; the disclosed degree of modification range of 0.1 mol% to 5 mol% falls within the claimed range of 0.02% by mol to 5% by mol).
Modified Park does not explicitly disclose:
a viscosity at a shear rate of 10 s-1 at 25 °C of the aqueous solution is from 4 Pa • s to 35 Pa • s, and
a thixotropic index defined by a viscosity ratio between a viscosity at a shear rate of 10 s-1 and a viscosity at a shear rate of 100 s-1 at 25 °C of the aqueous solution is from 2 to 6;
With respect to the limitations above, it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited binder composition.
Applicant discloses that as the degree of modification is from 0.02% by mol to 5% by mol, the viscosity and TI of a binder containing a water-soluble resin in a solution state can be easily adjusted within the respective predetermined ranges such that the adhesiveness of an adhesive layer formed from a slurry comprising the binder which contains a water-soluble resin is further improved (see Instant Specification [0045]).
Accordingly, it is reasonably interpreted that degree of modification mol% range is critical to the recited binder composition such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Modified Park discloses the degree of modification of the unit derived from the monomer (a) in the PVA (A) is, based on the number of moles of all the monomer units constituting the PVA (A), is 0.1 mol% to 5 mol% (Kato, [0070]). Modified Park further teaches that the PVA aqueous emulsion when used as a binder has superior strength (Kato, [0043]), and when the degree of modification is within the above range, the strength, water resistance, and stability of the PVA is further improved (Kato, [0071-0072]).
It is submitted that the binder composition of modified Park is substantially similar to the instant non-aqueous electrolyte cell electrode binder such that the binder composition of modified Park would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the binder composition of modified Park would inherently possess physical properties, e.g. viscosity and thixotropic index, such that the binder composition of modified Park would necessarily fulfill the recited limitations, i.e.
a viscosity at a shear rate of 10 s-1 at 25 °C of the aqueous solution is from 4 Pa • s to 35 Pa • s, and
a thixotropic index defined by a viscosity ratio between a viscosity at a shear rate of 10 s-1 and a viscosity at a shear rate of 100 s-1 at 25 °C of the aqueous solution is from 2 to 6.
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 binder composition of modified Park. The skilled artisan would reasonably find that the disclosed binder composition of Park is so similar to the instant non-aqueous electrolyte cell electrode binder, that the prior art binder composition would also exhibit the claimed viscosity and thixotropic index.
It would be further obvious because modified Park discusses that viscosity is affected by the degree of modification in the binder composition, and thus, the skilled artisan would arrive at the claimed viscosity and thixotropic index properties once the degree of modification of the unit derived from the monomer (a) in the PVA (A) is, based on the number of moles of all the monomer units constituting the PVA (A), is 0.1 mol% to 5 mol% (Kato, [0070]).
Regarding Claim 12, modified Park discloses all of the claim limitations as set forth above. Modified Park discloses the limitations for a non-aqueous electrolyte cell (Park, secondary battery, and the electrolyte solution may include a non-aqueous organic solvent and a metal salt, [0079, 0083]) positive electrode slurry (Park, positive electrode material slurry, [0073]), wherein a content of the non-aqueous electrolyte cell electrode binder is from 0.1 parts by mass to 20 parts by mass with respect to 100 parts by mass of the active material (Park, the binder is commonly added in an amount of 1 wt % to 20 wt % based on the total weight of the positive electrode material slurry composition, [0076]; the disclosed binder composition of 1 wt % to 20 wt % based on the total weight of the negative electrode active material slurry composition falls within the claimed electrode binder range of 0.1 parts by mass to 20 parts by mass with respect to 100 parts by mass of the active material).
Regarding Claim 13, modified Park discloses all of the claim limitations as set forth above. Modified Park discloses the limitations for a non-aqueous electrolyte cell (Park, secondary battery, and the electrolyte solution may include a non-aqueous organic solvent and a metal salt, [0079, 0083]) positive electrode slurry (Park, positive electrode material slurry, [0073]), comprising a cured product of the non-aqueous electrolyte cell positive electrode slurry and a current collector (Park, the positive electrode active material slurry composition was applied to a thickness of 60 μm on an aluminum current collector having a thickness of 20 μm, and after being dried for 0.5 hours at 100° C. in a hot-air dryer, was dried once more for 4 hours at 120° C. in a vacuum and roll-pressed to manufacture a positive electrode plate, [0099]).
Regarding Claim 14, modified Park discloses all of the claim limitations as set forth above. Modified Park discloses the limitations for a non-aqueous electrolyte cell, comprising the non-aqueous electrolyte cell positive electrode (Park, a secondary battery comprising a positive electrode, Claim 16).
Response to Arguments
Applicant’s arguments, see Pages 5-6, filed 09/12/2025, with respect to the rejection(s) of claim(s) 1-2 and 5-14 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 Park et al. (US 20170117543 A1, hereinafter Park), in view of Kato et al. (US 20160251466 A1, hereinafter Kato).
Conclusion
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.
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/K.N./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752