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 .
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Sekine (JP2014229406A, see Machine Translation for citations) (Provided in Applicant’s IDS filed on February 16th, 2022) in view of Toyoda (US20150333308).
Regarding Claim 1 & 10, Sekine discloses a binder composition ([004-005]) for a non-aqueous secondary battery heat-resistant layer comprising a particulate polymer ([004-005]), wherein
The particulate polymer includes an acidic group containing monomer unit (methacrylic acid ester, [0012]) and a cyano group-containing monomer unit (methacrylonitrile, [0012]), and an ethylenically unsaturated carboxylic acid amine monomer unit (the instant specifications state that ethylenically unsaturated carboxylic acid amine monomer unit can include acrylamide or methacrylamide, Sekine discloses wherein particulate polymer can be a combination of two or more monomers, which includes methacrylamides, [0038], [0048]) and
Proportional content of the acidic group-containing monomer unit in the particular polymer is not less 1 mass% and not more than 5 mass% (acidic group containing monomer can be contain in particulate polymer from 0.5 to 5.0 mass%), and proportional content of the cyano group-containing monomer unit in the particular polymer is not less than 4.5 mass% and not more than 25 mass % (the methacrylonitrile monomer is preferably 20 % mass or less and preferably 1.5 % mass or more, which substantially overlaps the instant claim range of 4.5 mass % to 25 mass%, [0029]).
Sekine does not directly disclose wherein the degree of swelling in the electrolyte solution of the particulate polymer is a factor of 4.5 or more or 5.9 or less.
Toyoda discloses a heat-durable layer comprising a binder ([0018]). Toyoda further discloses wherien the binder material can be a polymer containing an acidic monomer ([0046]) including methacryl compounds ([0046]) and cyano group compounds ([0051]). Toyoda further discloses wherein the heat durable layer contains a particulate polymer ([0018], [0104]), where the particular polymer can be the same material as the binder material ([0139]). Toyoda further discloses wherein the swelling ratio of the particulate polymer can be 1.1 to 15 times ([0131]) which overlaps the instant claim range of 4.5 or more and 5.9 or less.
Therefore, it would be obvious to one of ordinary skill in the art to modify the degree of swelling of Sekine with the teachings of Toyoda to have wherein the degree of swelling in the electrolyte solution of the particulate polymer is a factor of 4.5 or more or 5.9 or less. This modified structure would yield the expected result of improved secondary battery rate characteristics and cycle characteristics.
Sekine does not directly disclose wherein the proportional content of the ethylenically unsaturated carboxylic acid amide monomer unit in the particulate polymer is not less than 1% mass, and is 10 mass % or less, and the ethylentically unsaturated carboxylic acid amide monomer unit is selected from the group consisting of acrylamide monomer unit, methacrylamide monomer unit, N-methoxymethylacrylamide monomer unit, and N-methoxymethylmethaacrylateamide monomer unit.
The examiner notes that under the broadest reasonable interpretation of the claim language, that an acrylamide monomer unit and methacrylamide monomer unit, can include any polymer that includes a acrylamide polymer or methacrylamide polymer unit
However, Sekine discloses the use of an ethylenically unsaturated carboxylic acid group ([0046]). Sekine further discloses wherein the ethylenically unsaturated carboxylic acid group can be a methacrylate ([0128]). Sekine further discloses wherein the ethylencically unsaturated moncarboxylic acid can be acrylic acids or methacrylic acids ([0047]).
Toyoda discloses a particulate polymer that contains ethylenically unsaturated carboxylic acid monomer units in the particulate polymer at a wt% of 1 to 50 wt%, ([0022]) which overlaps the instant claim ranges of not less than 1% mass and 10% mass or less. Toyoda further discloses wherein the carboxylic acid can be a methacrylic acid ([0063]). Toyoda further discloses wherein a monomer of polyacrylamide can be used for the methacrylic acid copolymer ([0187]), and wherein the methacylic polymer can be acrylamide ([0080]).
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Sekine to have wherein the proportional content of the ethylenically unsaturated carboxylic acid amide monomer unit in the particulate polymer is not less than 1% mass, and is 10% mass or less. And wherein the ethylentically unsaturated carboxylic acid amide monomer unit is selected from the group consisting of acrylamide monomer unit, methacrylamide monomer unit, N-methoxymethylacrylamide monomer unit, and N-methoxymethylmethaacrylateamide monomer unit.
Regarding Claim 2, Sekine in view of Toyoda discloses the limitations as set forth above.
Sekine does not directly disclose wherein the volume average particle diameter of the particulate polymer is 0.30 um or less.
However, Sekine discloses wherein the particulate polymer has a volume average particle diameter of the particles being preferably 0.1 um or more, and 1 um or less, which substantially overlaps the instant claim range of 0.3 um or less, [0025]).
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Sekine to have wherein the particulate polymer has a volume-average particle diameter of 0.3 um or less.
Regarding Claim 3, Sekine in view of Toyoda discloses the limitations as set forth above. Sekine further discloses wherein acidic group-containing monomer unit includes a carboxy group containing monomer unit (examples of methacrylic acid ester monomers includes carboxylic acid esters, [0030]).
Regarding Claim 4, Sekine in view of Toyoda discloses the limitations as set forth above. Sekine further discloses wherein the particulate polymer further includes a cross-linkable monomer unit ([0012]).
Regarding Claim 5, Sekine in view of Toyoda discloses the limitations as set forth above. Sekine further discloses wherein particulate polymer is a (meth)acrylic acid ester copolymer ([0012]).
Regarding Claim 6, Sekine in view of Toyoda discloses the limitations as set forth above. Sekine further discloses a slurry composition comprising non-conductive particles ([0010]); and the binder composition for a nonaqueous secondary battery heat-resistance layer according to claim 1 (see claim 1 rejection above).
Regarding Claim 7, Sekine in view of Toyoda discloses the limitations as set forth above.
Sekine does not directly disclose wherein the volume average particle diameter of the nonconductive particles is 0.7 um or less.
However, Sekine discloses wherein the nonconductive particles have a volume-average particle diameter of 0.1 to 2 um ([0015]), which substantially overlaps instant claim range of 0.7 or less.
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Sekine to have wherein the volume average particle diameter of the nonconductive particles is 0.7 um or less.
Regarding Claim 8, Sekine in view of Toyoda discloses the limitations as set forth above. Sekine discloses that the slurry creates an electrode with improved heat resistance ([003], [0024]). Therefore, it is the examiner’s position that Sekine discloses a heat-resistant layer for a non-aqueous battery formed using the slurry composition for a non-aqueous secondary battery according to claim 6.
Regarding Claim 9, Sekine in view of Toyoda discloses the limitations as set forth above. Sekine further discloses a non-aqueous secondary battery comprising the heat resistance layer for a non-aqueous battery according to claim 8 ([001], [009]).
Response to Arguments
Applicant's amendments in view of their arguements filed October 21st, 2025 have been fully considered but they are not persuasive.
Applicant argues that Sekine in view of Toyoda does teach or suggest wherein the proportional content of the ethylenically unsaturated carboxylic acid amide monomer unit in the particulate polymer is not less than 1% mass, and is 10 mass % or less, and the ethylentically unsaturated carboxylic acid amide monomer unit is selected from the group consisting of acrylamide monomer unit, methacrylamide monomer unit, N-methoxymethylacrylamide monomer unit, and N-methoxymethylmethaacrylateamide monomer unit.
The examiner notes that under the broadest reasonable interpretation of the claim language, that an acrylamide monomer unit and methacrylamide monomer unit, can include any polymer that includes a acrylamide polymer or methacrylamide polymer unit
However, Sekine discloses the use of an ethylenically unsaturated carboxylic acid group ([0046]). Sekine further discloses wherein the ethylenically unsaturated carboxylic acid group can be a methacrylate ([0128]). Sekine further discloses wherein the ethylencically unsaturated monocarboxylic acid can be acrylic acids or methacrylic acids ([0047]).
Toyoda discloses a particulate polymer that contains ethylenically unsaturated carboxylic acid monomer units in the particulate polymer at a wt% of 1 to 50 wt%, ([0022]) which overlaps the instant claim ranges of not less than 1% mass and 10% mass or less. Toyoda further discloses wherein the carboxylic acid can be a methacrylic acid ([0063]). Toyoda further discloses wherein a monomer of polyacrylamide can be used for the methacrylic acid copolymer ([0187]), and wherein the methacylic polymer can be acrylamide ([0080]).
The examiner notes that Sekine and Toyoda both teach the use of acrylic acids or methacrylic acids for a particulate polymer that contains ethylencically unsaturated moncarboxylic acid. Toyoda then teaches that acrylamide and polyacrylamide can be used for the carboxylic acids, thus teachings that the carboxylic acid of Sekine can be interchanged with a carboxylic amide acid with a monomer unit of acrylamide or methacrylamide.
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Sekine to have wherein the proportional content of the ethylenically unsaturated carboxylic acid amide monomer unit in the particulate polymer is not less than 1% mass, and is 10% mass or less. And wherein the ethylentically unsaturated carboxylic acid amide monomer unit is selected from the group consisting of acrylamide monomer unit, methacrylamide monomer unit, N-methoxymethylacrylamide monomer unit, and N-methoxymethylmethaacrylateamide monomer unit.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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/ANKITH R SRIPATHI/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728