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 Status
Claims 1-2, 4, 7, 9, 11-12, 14, 17, 19, and 21-26 are under examination.
Claims 3, 5-6, 8, 10, 13, 15-16, 18 and 20 are canceled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-2, 4, 7, 9, 11-12, 14, 17, 19, and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Kuzuoka et al. (U.S. PGPub US 2018/0040899 A1), hereinafter Kuzuoka, in view of Sunagawa et al. (U.S. Patent 6,746,800 B1), hereinafter Sunagawa.
Regarding claims 1 and 11, Kuzuoka discloses an electrochemical device, comprising an electrode plate (i.e., at least positive electrode active material layer, etc., as disclosed in [0035]-[0036], lacking any further distinction thereof as to said electrode plate, also see Fig. 1, [0012], [0016], [0030]-[0031], [0034]-[0040], [0071]);
wherein, the electrode plate comprises a current collector (i.e., at least positive electrode current collector, etc., as disclosed in [0037], lacking any further distinction thereof as to said current collector, also see Fig. 1, ref. 2, [0032], [0036], [0038], [0047], [0063], [0067], [0071]) and
an active material layer provided on the current collector (i.e., at least positive electrode active material layer, which is formed on either surface or both surfaces in the thickness direction of the positive electrode current collector, etc., as disclosed in [0038], lacking any further chemical distinction thereof as to said active material layer, also see [0012], [0032], [0047], [0063], [0074]);
Kuzuoka discloses the active material layer comprises a plurality of particle groups (i.e., at least plurality of particle groups as shown in Annotated Fig. 1, lacking any structural and/or chemical distinction thereof as to said plurality of particle groups).
Kuzuoka further discloses each particle group comprises a first binder particle (i.e., at least polyolefin particles ref. 4, See Annotated Fig. 1) and at least three active material particles (i.e., at least positive electrode active material ref. 3, See Annotated Fig. 1) bonded by the first binder particle (i.e., at least three positive electrode active material particles ref. 3 bonded to polyolefin particles ref. 4, See Annotated Fig. 1), such that ref. 3 are least in particulate form so as to be spherical particles as shown in Fig. 1 (also see [0157], also see Figs. 3-4, Examples 1, 5, [0158]-[0159]), whereby said active material particles are at least bonded by the first binder particle so as to be in contact with the active material particles as shown in Fig. 1, whereby as disclosed in [0067] said positive electrode ref. 1 for a lithium ion secondary battery is formed on a positive electrode current collector ref. 2 by binding a positive electrode active material ref. 3, insulating polyolefin particles ref. 4, and an electroconductive material ref. 5 using a binder ref. 6, etc., and whereby in a case in which the battery has abnormal heat generation, the insulating polyolefin particles are melted to cover the surface of the positive electrode active material, etc., (also see [0030]-[0031]), such that the skilled artisan would appreciate that said first binder particle in contact and/or covering the surface of said active material particles at least provides a bond such as a van der Waals bond, lacking any further chemical and/or structural distinction thereof as to said first binder particle, active material particles, particle group and/or bond).
Kuzuoka further discloses in Example 5 and Table 1, polyethylene particles (obtained by drying and powdering insulating polyolefin particles, trade name: CHEMIPEARL ® W4005; average particle diameter: 0.6 µm, catalog value of Mitsui Chemicals, Inc., etc.) were used as the insulating polyolefin particles, etc., which provides a particle diameter of the first binder particle within the claimed range of a particle diameter of the first binder particle in the plurality of particle groups is 0.1 µm to 2 µm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.) (also see [0047], [0098], Examples 1-2, [0165], also see Examples 13-14, Table 2, and Example 14 with regards to polypropylene particles of 1.0 µm).
Kuzuoka further discloses in [0045] the insulating polyolefin particles in the present disclosure are preferably particles made of polyethylene or particles made of polypropylene, etc., which at least provides the first binder particle comprises polyolefin (also see Example 5 and Table 1, [0047], [0094]-[0096], [0098], Examples 1-2, [0165], Examples 13-14, Table 2).
Furthermore, since Kuzuoka provides polyolefin particles (i.e., at least first binder particles) as discussed above, this at least provides the first binder particle comprises polyolefin, which is identical in composition and an identical product as that claimed, and therefore properties and/or functions such as binder are presumed inherent (MPEP 2112.01, I., II.).
Kuzuoka further discloses the active material layer further comprises a second binder (i.e., at least binder or water-soluble polymer, etc., as disclosed in [0036], [0038]), whereby examples of the binder which may be used in the positive electrode active material layer include poly(methyl methacrylate), a resin containing a structural unit derived from a nitrile group-containing monomer, etc., as disclosed in [0052]-[0053], and examples of the water-soluble polymer include sodium carboxymethylcellulose, poly(acrylic acid), poly(acrylic acid) derivatives, etc., as disclosed in [0055], which at least provides the second binder comprises at least one selected from the group consisting of polymethyl methacrylate, sodium carboxymethylcellulose, polyacrylic acid, (also see [0052]-[0054]). Kuzuoka further discloses in [0053] examples of the resin containing a structural unit derived from a nitrile group-containing monomer include a resin that contains a structural unit derived from a nitrile group-containing monomer such as acrylonitrile, etc., whereby examples include a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd., trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton.
Kuzuoka further discloses active materials such as LixCoO2, LixMnO2, etc., as discussed in [0040] (also see [0044]), which are at least particles as shown in Fig. 1, as well as disclosed in [0157] (also see Figs. 3-4, Examples 1, 5, [0158]-[0159]).
Kuzuoka further discloses active materials such as LixCoO2, LixMnO2, etc., as discussed in [0040] (also see [0044]), which are at least particles as shown in Fig. 1, as well as disclosed in [0157] (also see Figs. 3-4, Examples 1, 5, [0158]-[0159]), such that this at least provides the at least three active material particles comprise a first active material particle, a second active material particle, and a third active material particle (i.e., at least provides said first, second and third active material particle(s) as shown in Annotated Fig. 1 above in claim 1), such that the skilled artisan would appreciate that since said first, second and third active material particle(s) are not necessarily required to be different active material particle(s), that said particles are provided, lacking any further structural and/or chemical distinction thereof as to said a first active material particle, a second active material particle, and a third active material particles.
With regards to claim 11, Kuzuoka discloses an electronic device, comprising an electrochemical device (i.e., at least portable electronic devices such as cell phone, a notebook computer, a portable information terminal, an electronic dictionary, video game console, etc., that use a lithium ion secondary battery comprising the electrode plate as discussed above, and as disclosed in [0155], such that a lithium ion secondary battery is at least an electrochemical device) (also see [0002]).
However, Kuzuoka is silent as to a particle diameter of the active material particles in the plurality of particle groups is 1 µm to 40 µm. Furthermore, Kuzuoka is silent as to a particle diameter of the first active material particle is larger than a particle diameter of the second active material particle by 4 µm to 17 µm. Furthermore, Kuzuoka is silent as to a particle diameter of the second active material particle is larger than a particle diameter of the third active material particle by 0.01 µm to 8 µm.
Sunagawa teaches a nonaqueous electrolyte secondary battery (Title). Sunagawa further teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, which at least provides a range of particle diameters that are within the claimed range of a particle diameter of the active material particles in the plurality of particle groups is 1 µm to 40 µm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Since Sunagawa teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the skilled artisan would appreciate that this at least provides a particle diameter range that overlaps and/or encompasses the claimed range of the first active material particle (e.g., first oxide as taught by Sunagawa) is larger than a particle diameter of the second active material particle (e.g., second oxide as taught by Sunagawa) by 4 µm to 17 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.).
Since Sunagawa teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the skilled artisan would appreciate that this at least provides a particle diameter range that overlaps and/or encompasses the claimed range of a particle diameter of the second active material particle (e.g., second oxide as taught by Sunagawa) is larger than a particle diameter of the third active material particle (e.g., third oxide as taught by Sunagawa) by 0.01 µm to 8 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.).
Furthermore, Sunagawa teaches in C3:L19-35 preferably, the first oxide has a larger mean particle diameter than the second oxide, and if the mean particle diameter of each oxide is maintained within the above-specific range, contact between particles of those complex oxides is maintained at a higher degree of occurrence to thereby improve the electronic conduction of the mix in its entirety, etc.
Sunagawa further teaches in C2:L18-22 an object of the present invention is to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kuzuoka with the teachings of Sunagawa, whereby the electrochemical device and/or electronic device comprising an electrochemical device including the active material particles in the plurality of particle groups as disclosed by Kuzuoka further includes the particle diameter(s) as taught by Sunagawa so as to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Furthermore, and as put forth by the examiner, Kuzuoka discloses in Example 5 (i.e., production of positive electrode in Example 1, [0157]) and Example 14 (i.e., production of positive electrode discussed in Example 7, [0187]) production of a positive electrode, whereby positive active material (i.e., LiMn2O4, also see [0040] for alternative lithium-containing composite metal oxides such as LixCoO2, etc.), polyolefin particles (i.e., polyethylene or polypropylene particles as discussed above), acetylene black (i.e., at least carbon black, [0050]), binder (see [0052], [0055]), etc., are mixed and thoroughly dispersed in N-methyl-2pyrrolidone (NMP), thereby preparing a positive electrode mixture paste, whereby the positive electrode mixture paste is applied to one surface of the aluminum foil, etc., dried at 60°C, and then rolled to form a positive electrode active material layer, etc. Kuzuoka further discloses in [0166] a battery electrode evaluation was produce in the same manner as in Example 2 (i.e., Example 2 produced in the same manner as in Example 1 except for different solid content mass ratio(s)) except that a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd, trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton was used as a binder in place of the polyvinylidene fluoride solution, etc.
Furthermore, and as put forth by the examiner, the instant specification in [0077] describes preparing a positive electrode plate using lithium cobalt oxide as a positive active material, using conductive carbon black particles as a conductive agent, using polypropylene as a first binder, a second binder (i.e., sodium polyacrylate), and using an aluminum foil as a positive current collector, mixing the lithium cobalt oxide, the conductive carbon black, the polypropylene, and the binder, and dissolving the mixture in an N-methyl-pyrrolidone (NMP) solution to form a positive slurry, and coating the aluminum foil with the positive slurry to obtain an active material layer, drying, cold pressing, etc., to obtain a positive electrode plate.
Furthermore, since Kuzuoka discloses the active material layer further comprises a second binder (i.e., at least binder or water-soluble polymer, etc., as discussed above, whereby examples of the binder which may be used in the positive electrode active material layer include poly(methyl methacrylate), a resin containing a structural unit derived from a nitrile group-containing monomer, etc., and examples of the resin containing a structural unit derived from a nitrile group-containing monomer include a resin that contains a structural unit derived from a nitrile group-containing monomer such as acrylonitrile, etc., whereby examples include a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd., trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton such as that discussed in Example 6 [0166], the skilled artisan would appreciate substituting one known binder such as poly(methyl methacrylate) for a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd., trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton, such that Kuzuoka recognizes that said binder(s) are art recognized equivalents so as to provide a positive electrode ref. 1 for a lithium ion secondary battery that is formed on a positive electrode current collector ref. 2 by binding a positive electrode active material ref. 3, insulating polyolefin particles ref. 4, and an electroconductive material ref. 5 using a binder ref. 6 as disclosed in [0067].
Therefore, since both the instant specification and Kuzuoka provide similar methods of mixing a positive active material with a first binder (i.e., at least polyolefin particles such as polyethylene, polypropylene particles, etc. as discussed above), etc., and Sunagawa teaches the particle diameter(s) of the active material particle(s), the skilled artisan would appreciate that the combined teachings of Kuzuoka and Sunagawa provide an identical or substantially identical method of preparing a positive electrode plate, as well as an identical and/or substantially identical product as claimed, such that properties and/or functions such as at least three active material particles bonded by the first binder particle, are presumed inherent (MPEP 2112.01, I., II.).
PNG
media_image1.png
842
1348
media_image1.png
Greyscale
Annotated Figure 1 (Kuzuoka)
Regarding claims 2 and 12, Kuzuoka discloses the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11. Kuzuoka further discloses in Example 5 and Table 1, polyethylene particles (obtained by drying and powdering insulating polyolefin particles, trade name: CHEMIPEARL ® W4005; average particle diameter: 0.6 µm, catalog value of Mitsui Chemicals, Inc., etc.) were used as the insulating polyolefin particles, etc., which provides a particle diameter of the first binder particle within the claimed range of a particle diameter the particle diameter of the first binder particle in the plurality of particle groups is 0.3 µm to 1.5 µm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.) (also see [0047], [0098], Examples 1-2, [0165], Examples 13-14, Table 2).
Regarding claims 4 and 14, Kuzuoka discloses the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11. Kuzuoka further discloses in [0045] the insulating polyolefin particles in the present disclosure are preferably particles made of polyethylene or particles made of polypropylene, etc., which at least provides the first binder particle comprises at least one selected from the group consisting of polypropylene and polyethylene (also see Example 5 and Table 1, [0047], [0098], Examples 1-2, [0165], [0094]-[0096], Examples 13-14, Table 2).
Regarding claims 7 and 17, Kuzuoka discloses the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11.
However, Kuzuoka is silent as to a ratio of a particle diameter of the first active material particle to a particle diameter of the second active material particle is 2:1 to 7:1.
The combined teachings of Kuzuoka and Sunagawa disclose the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11. Since Sunagawa teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the skilled artisan would appreciate that this at least provides a particle diameter ratio range that overlaps and/or encompasses the claimed range of a ratio of a particle diameter of the first active material particle (e.g., first oxide as taught by Sunagawa) to a particle diameter of the second active material particle (e.g., second oxide as taught by Sunagawa) is 2:1 to 7:1, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.).
Furthermore, Sunagawa teaches in C3:L19-35 preferably, the first oxide has a larger mean particle diameter than the second oxide, and if the mean particle diameter of each oxide is maintained within the above-specific range, contact between particles of those complex oxides is maintained at a higher degree of occurrence to thereby improve the electronic conduction of the mix in its entirety, etc.
Sunagawa further teaches in C2:L18-22 an object of the present invention is to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kuzuoka with the teachings of Sunagawa, whereby the electrochemical device and/or electronic device comprising an electrochemical device including the active material particles in the plurality of particle groups as disclosed by Kuzuoka further includes the particle diameter(s) ratio range as taught by Sunagawa so as to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc. Furthermore, the skilled artisan would appreciate optimizing the first/second particle diameter(s) ratio as taught by Sunagawa so that the first oxide has a larger mean particle diameter than the second oxide, such that if the mean particle diameter of each oxide is maintained within the above-specific range, contact between particles of those complex oxides is maintained at a higher degree of occurrence to thereby improve the electronic conduction of the mix in its entirety, etc., (MPEP 2144.05, II.).
Regarding claims 9 and 19, Kuzuoka discloses the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11. However, Kuzuoka is silent as to a ratio of a particle diameter of the second active material particle to a particle diameter of the third active material particle is greater than 1 and less than or equal to 4.
The combined teachings of Kuzuoka and Sunagawa disclose the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11. Since Sunagawa teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the skilled artisan would appreciate that this at least provides a particle diameter ratio range that overlaps and/or encompasses the claimed range of a ratio of a particle diameter of the second active material particle (e.g., second oxide as taught by Sunagawa) to a particle diameter of the third active material particle (e.g., third oxide as taught by Sunagawa) is greater than 1 and less than or equal to 4, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.).
Furthermore, Sunagawa teaches in C4:L34-47 preferably, the first oxide has a larger mean particle diameter than the second and third oxides, and if the mean particle diameter of each oxide is maintained within the above-specific range, contact between particles of those complex oxides is maintained at a higher degree of occurrence to thereby improve the electronic conduction of the mix in its entirety, etc.
Sunagawa further teaches in C2:L18-22 an object of the present invention is to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kuzuoka with the teachings of Sunagawa, whereby the electrochemical device and/or electronic device comprising an electrochemical device including the active material particles in the plurality of particle groups as disclosed by Kuzuoka further includes the particle diameter(s) ratio range as taught by Sunagawa so as to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc. Furthermore, the skilled artisan would appreciate optimizing the first/second/third particle diameter(s) ratio as taught by Sunagawa so that the first oxide has a larger mean particle diameter than the second/third oxide(s), such that if the mean particle diameter of each oxide is maintained within the above-specific range, contact between particles of those complex oxides is maintained at a higher degree of occurrence to thereby improve the electronic conduction of the mix in its entirety, etc., (MPEP 2144.05, II.).
Regarding claims 21 and 23, Kuzuoka discloses the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11. Kuzuoka further discloses in Example 5 and Table 1, polyethylene particles (obtained by drying and powdering insulating polyolefin particles, trade name: CHEMIPEARL ® W4005; average particle diameter: 0.6 µm, catalog value of Mitsui Chemicals, Inc., etc.) were used as the insulating polyolefin particles, etc., which provides a particle diameter of the first binder particle within the claimed range of a particle diameter of the first binder particle in the plurality of particle groups is 0.1 µm to 2 µm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.) (also see [0047], [0098], Examples 1-2, [0165], also see Examples 13-14, Table 2, and Example 14 with regards to polypropylene particles of 1.0 µm), which at least provides a particle diameter within the claimed range of the particle diameter of the first binder particle in the plurality of particle groups is 0.5 µm to 2 µm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Regarding claims 22 and 24, Kuzuoka discloses the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11. Kuzuoka further discloses active materials such as LixCoO2, LixMnO2, etc., as discussed in [0040] (also see [0043]-[0044]), which are at least particles as shown in Fig. 1, as well as disclosed in [0157] (also see Figs. 3-4, Examples 1, 5, [0158]-[0159]), which at least provides the active material particles comprise lithium cobalt oxide (i.e., at least LixCoO2), lacking any further distinction thereof.
Regarding claims 25 and 26, Kuzuoka discloses the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11.
However, Kuzuoka is silent as to a ratio of a length of bonding between an edge of a cross section of the first active material particle and the first binder particle to a perimeter of the cross section of the first active material particle is 0.05 to 0.2.
The combined teachings of Kuzuoka and Sunagawa disclose the electrochemical device as discussed above in claim 1 and the electronic device as discussed above in claim 11 including the first active material particle(s), first binder particle(s), etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kuzuoka with the teachings of Sunagawa, whereby the electrochemical device and/or electronic device comprising an electrochemical device including the active material particles in the plurality of particle groups as disclosed by Kuzuoka further includes the particle diameter(s) as taught by Sunagawa so as to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Although the combined teachings of Kuzuoka and Sunagawa are silent as to a ratio of a length of bonding between an edge of a cross section of the first active material particle and the first binder particle to a perimeter of the cross section of the first active material particle is 0.05 to 0.2, since both the instant specification and Kuzuoka provide similar methods of mixing a positive active material with a first binder (i.e., at least polyolefin particles such as polyethylene, polypropylene particles, etc. as discussed above in claims 1 and 11), etc., and Sunagawa teaches the particle diameter(s) of the active material particle(s) (as discussed above in claims 1 and 11), the skilled artisan would appreciate that the combined teachings of Kuzuoka and Sunagawa provide an identical or substantially identical method of preparing a positive electrode plate, as well as an identical and/or substantially identical product as claimed, such that properties and/or functions such as a ratio of a length of bonding between an edge of a cross section of the first active material particle and the first binder particle to a perimeter of the cross section of the first active material particle is 0.05 to 0.2, are presumed inherent (MPEP 2112.01, I., II.).
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.
Claims 1, 4, 11, 14, and 21-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-6, 10, 15-17 and 19 of copending Application No. 18/192,908 (reference application) in view of Kuzuoka et al. (U.S. PGPub US 2018/0040899 A1), hereinafter Kuzuoka, in view of Sunagawa et al. (U.S. Patent 6,746,800 B1), hereinafter Sunagawa.
Claims 1 and 11 of the instant application claims an electrochemical device, comprising an electrode plate; wherein, the electrode plate comprises a current collector and an active material layer provided on the current collector; the active material layer comprises a plurality of particle groups; each particle group comprises a first binder particle and at least three active material particles bonded by the first binder particle; a particle diameter of the first binder particle in the plurality of particle groups is 0.1 µm to 2.0 µm, a particle diameter of each active material particle in the plurality of particle groups is 1 µm to 40 µm, and wherein the first binder particle comprises polyolefin; and the active material layer further comprises a second binder; the second binder comprises at least one selected from the group consisting of polyacrylic acid sodium salt, polyacrylic acid, polyacrylate, polymethyl methacrylate, polyacrylonitrile, polyamide, and sodium carboxymethylcellulose, the at least three active material particles comprise a first active material particle, a second active material particle, and a third active material particle; and a particle diameter of the first active material particle is larger than a particle diameter of the second active material particle by 4 µm to 17 µm; and wherein a particle diameter of the second active material particle is larger than a particle diameter of the third active material particle by 0.01 µm to 8 µm.
Claims 4 and 14 of the instant application that depends from claims 1 and 11 claims the first binder particle comprises at least one selected from the group consisting of polypropylene, etc.
Claims 21 and 23 of the instant application that depends from claims 1 and 11 claims the particle diameter of the first binder particle in the plurality of particle groups is 0.5 µm to 2 µm.
Claims 22 and 24 of the instant application that depends from claims 1 and 11 claims wherein the active material particles comprise lithium cobalt oxide.
Claim 1 of the reference application claims an electrochemical apparatus, comprising an electrode plate comprising: a current collector; and an active material layer provided on the current collector; wherein the active material layer comprises a first composite particle and a second composite particle; the first composite particle comprises a first active material particle and a first binder particle, wherein the first binder particle and the first active material particle in contact with the first binder particle form the first composite particle; the second composite particle comprises a second active material particle and a second binder particle, wherein the second binder particle and the second active material particle in contact with the second binder particle form the second composite particle; and components of both the first binder particle and the second binder particle comprise polypropylene. Claim 1 of the reference application claims a first active material particle, second active material particle, etc.
Claim 3 of the reference application that depends from claim 1 claims a particle size of the first binder particle ranges from 0.06 µm to 6 µm, and a particle size of the second binder particle ranges from 0.05 µm to 5 µm.
Claim 5 of the reference application that depends from claim 1 claims the active material layer further comprises a third binder, and the third binder comprises at least one of polyacrylate, polyacrylic acid, polyacrylate, polymethyl methacrylate, polyacrylonitrile, polyamide, or carboxymethylcellulose sodium.
Claim 6 of the reference application that depends from claim 1 claims a particle size of the first active material particle ranges from 0.1 µm to 2.3 µm, and a particle size of the second active material particle ranges from 2.31 µm to 30 µm.
Claim 10 of the reference application that depends from claim 1 claims the electrode plate is a positive electrode plate, and the first active material particle and the second active material particle are each independently selected form at least on of lithium cobalt oxide, etc.
Claim 15 of the reference application that depends from claim 1 claims polypropylene in the first binder particle is in contact with at least one of the first active material particle, etc.
Claim 16 of the reference application that depends from claim 1 claims polypropylene in the second binder particle is in contact with the second active material particle.
Claim 17 of the reference application that depends from claim 1 claims at least one of the first binder particle or the second binder particle is made of polypropylene.
Claim 19 of the reference application claims an electronic apparatus comprising an electrochemical apparatus comprising the electrode plate as in claim 1.
Therefore, the combination of claims 1, 3, 10, 15-17 and 19 of the reference application and claims 1, 4, 11, 14 and 21-24 of the instant application both claim an electrode plate (i.e., at least active material layer); wherein, the electrode plate comprises a current collector and an active material layer provided on the current collector; the active material layer comprises a plurality of particle groups (i.e., at least first/second composite particle(s)); each particle group comprises a first binder particle. Furthermore, both the instant application and reference application claim active material particles bonded by the first binder particle, such that active materials in contact with the first/second binder particles are at least bonded (e.g., van der Waals bonded) so as to be in contact, lacking any distinction thereof as to said bonded. Furthermore, since the reference application claims a particle size of the first binder particle ranges from 0.06 µm to 6 µm, and a particle size of the second binder particle ranges from 0.05 µm to 5 µm, this at least provides ranges that overlap and/or encompass the claimed range of a particle diameter of the first binder particles in the plurality of particle groups is 0.1 µm to 2.0 µm, and a particle diameter of the first binder particles in the plurality of particle groups is 0.5 µm to 2.0 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Furthermore, both the instant application and reference application claim the first binder particle comprises polypropylene.
Furthermore, claim 5 of the reference application and claims 1 and 11 of the instant application both claim an additional binder comprises at least one selected from the group consisting of polyacrylic acid, polyacrylate, polymethyl methacrylate, polyacrylonitrile, polyamide, sodium carboxymethyl cellulose, etc.
Furthermore, since the reference application claims a particle size of the first active material particle ranges from 0.1 µm to 2.3 µm, this at least provides a range of diameters that overlap the instant application claim of a particle diameter of the active material particles is 1 µm to 40 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Furthermore, since the reference application claims a particle size of the second active material particle ranges from 2.31 µm to 30 µm, this at least provides particle diameter range (i.e., 27.7 µm to 2.21 µm) that overlaps the claimed range of a particle diameter of the first active material particles is larger than a particle diameter of the second active material particles by 4 µm to 17 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.), such that the recitation of first, second, etc., particles does not provide patentable weight since the composition and/or structure of said particles are not chemical and/or structurally distinct, such that the skilled artisan would appreciate that any particle that meets the ranges as discussed above can be a first, second, particle, etc.
However, the instant application claims at least three active material particles bonded by the first binder particle.
Kuzuoka discloses in Example 5 (i.e., production of positive electrode in Example 1, [0157]) and Example 14 (i.e., production of positive electrode discussed in Example 7, [0187]) production of a positive electrode, whereby positive active material (i.e., LiMn2O4, also see [0040] for alternative lithium-containing composite metal oxides such as LixCoO2, etc.), polyolefin particles (i.e., polyethylene or polypropylene particles as discussed above), acetylene black (i.e., at least carbon black, [0050]), binder (see [0052], [0055]), etc., are mixed and thoroughly dispersed in N-methyl-2pyrrolidone (NMP), thereby preparing a positive electrode mixture paste, whereby the positive electrode mixture paste is applied to one surface of the aluminum foil, etc., dried at 60°C, and then rolled to form a positive electrode active material layer, etc. Kuzuoka further discloses in [0166] a battery electrode evaluation was produce in the same manner as in Example 2 (i.e., Example 2 produced in the same manner as in Example 1 except for different solid content mass ratio(s)) except that a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd, trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton was used as a binder in place of the polyvinylidene fluoride solution, etc.
The instant specification in [0077] describes preparing a positive electrode plate using lithium cobalt oxide as a positive active material, using conductive carbon black particles as a conductive agent, using polypropylene as a first binder, a second binder (i.e., sodium polyacrylate), and using an aluminum foil as a positive current collector, mixing the lithium cobalt oxide, the conductive carbon black, the polypropylene, and the binder, and dissolving the mixture in an N-methyl-pyrrolidone (NMP) solution to form a positive slurry, and coating the aluminum foil with the positive slurry to obtain an active material layer, drying, cold pressing, etc., to obtain a positive electrode plate.
Furthermore, since Kuzuoka discloses the active material layer further comprises a second binder (i.e., at least binder or water-soluble polymer, etc., as discussed above, whereby examples of the binder which may be used in the positive electrode active material layer include poly(methyl methacrylate), a resin containing a structural unit derived from a nitrile group-containing monomer, etc., and examples of the resin containing a structural unit derived from a nitrile group-containing monomer include a resin that contains a structural unit derived from a nitrile group-containing monomer such as acrylonitrile, etc., whereby examples include a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd., trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton such as that discussed in Example 6 [0166], the skilled artisan would appreciate substituting one known binder such as poly(methyl methacrylate) for a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd., trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton, such that Kuzuoka recognizes that said binder(s) are art recognized equivalents so as to provide a positive electrode ref. 1 for a lithium ion secondary battery that is formed on a positive electrode current collector ref. 2 by binding a positive electrode active material ref. 3, insulating polyolefin particles ref. 4, and an electroconductive material ref. 5 using a binder ref. 6 as disclosed in [0067].
Therefore, since both the instant specification and Kuzuoka provide similar methods of mixing a positive active material with a first binder (i.e., at least polyolefin particles such as polyethylene, polypropylene particles, etc. as discussed above), etc., and Sunagawa teaches the particle diameter(s) of the active material particle(s), the skilled artisan would appreciate that the combined teachings of Kuzuoka and Sunagawa provide an identical or substantially identical method of preparing a positive electrode plate, as well as an identical and/or substantially identical product as claimed, such that properties and/or functions such as at least three active material particles bonded by the first binder particle, are presumed inherent (MPEP 2112.01, I., II.).
Therefore, it would have obvious to combined the reference application with the combined teachings of Kuzuoka and Sunagawa so as to provide a positive electrode for a lithium ion secondary battery, which has a function of increasing the internal resistance of a battery in a case in which the temperature is raised, has excellent battery characteristics during normal operation, and provides a simple manufacturing process, an electrode for a lithium ion secondary battery, and a lithium ion secondary battery using the same.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, 4, 11, 14, and 21-24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 8, 10 and 19 of copending Application No. 17/561,206 (reference application), in view of Kuzuoka et al. (U.S. PGPub US 2018/0040899 A1), hereinafter Kuzuoka, in view of Sunagawa et al. (U.S. Patent 6,746,800 B1), hereinafter Sunagawa.
Claim 1 of the reference application claims an electrode plate comprising: a current collector; and an active material layer, located on the current collector, wherein the active material layer comprises a first composite particle and a second composite particle, the first composite particle comprises a first active material particle and a first binder particle, the first binder particle and the first active material particle in contact with the first binder particle constitute the first composite particle, the second composite particle comprises a second active material particle and a second binder particle, the second binder particle and the second active material particle in contact with the second binder particle constitute the second composite particle, and both composition of the first binder particle and the second binder particle comprise polypropylene.
Claim 3 of the reference application that depends from claim 1 claims a particle size of the first binder particle ranges from 0.06 µm to 6 µm, and a particle size of the second binder particle is 0.06 µm to 6 µm, etc.
Claim 8 of the reference application that depends from claim 1 claims the electrode plate is a positive electrode plate, and the first active material particle and the second active material particle each is independently selected from at least one of lithium cobalt oxide, etc.
Claim 10 of the reference application claims an electrochemical device comprising the electrode plate as in claim 1.
Claim 19 of the reference application claims an electronic device comprising an electrochemical device comprising the electrode plate as in claim 1.
Claims 1 and 11 of the instant application claims an electrochemical device, comprising an electrode plate; wherein, the electrode plate comprises a current collector and an active material layer provided on the current collector; the active material layer comprises a plurality of particle groups; each particle group comprises a first binder particle and at least three active material particles bonded by the first binder particle; a particle diameter of the first binder particle in the plurality of particle groups is 0.1 µm to 2.0 µm, a particle diameter of each active material particle in the plurality of particle groups is 1 µm to 40 µm, and wherein the first binder particle comprises polyolefin; and the active material layer further comprises a second binder; the second binder comprises at least one selected from the group consisting of polyacrylic acid sodium salt, polyacrylic acid, polyacrylate, polymethyl methacrylate, polyacrylonitrile, polyamide, and sodium carboxymethylcellulose, the at least three active material particles comprise a first active material particle, a second active material particle, and a third active material particle; and a particle diameter of the first active material particle is larger than a particle diameter of the second active material particle by 4 µm to 17 µm; and wherein a particle diameter of the second active material particle is larger than a particle diameter of the third active material particle by 0.01 µm to 8 µm.
Claims 4 and 14 of the instant application that depends from claims 1 and 11 claims the first binder particle comprises at least one selected from the group consisting of polypropylene, etc.
Claims 21 and 23 of the instant application that depends from claims 1 and 11 claims the particle diameter of the first binder particle in the plurality of particle groups is 0.5 µm to 2 µm.
Claims 22 and 24 of the instant application that depends from claims 1 and 11 claims wherein the active material particles comprise lithium cobalt oxide.
Therefore, the combination of claims 1, 3-4, 10 and 19 of the reference application and claims 1, 4, 11, 14, and 21-24 of the instant application both claim an electrode plate (i.e., at least active material layer); wherein, the electrode plate comprises a current collector and an active material layer provided on the current collector; the active material layer comprises a plurality of particle groups (i.e., at least first/second composite particle(s)); each particle group comprises a first binder particle. Furthermore, both the instant application and reference application claim active material particles bonded by the first binder particle, such that active materials in contact with the first/second binder particles are at least bonded (e.g., van der Waals bonded) so as to be in contact, lacking any distinction thereof as to said bonded. Furthermore, since the reference application claims a particle size of the first binder particle ranges from 0.06 µm to 6 µm, and a particle size of the second binder particle ranges from 0.06 µm to 6 µm, this at least provides ranges that overlap and/or encompass the claimed range of a particle diameter of the first binder particles in the plurality of particle groups is 0.1 µm to 3.5 µm, and particle diameter of the first binder particle in the plurality of particle groups is 0.5 µm to 2 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Furthermore, both the instant application and reference application claim the first binder particle comprises polypropylene.
Therefore, claim 4 of the reference application and claims 1 and 11 of the instant application both claim an additional binder comprises at least one selected from the group consisting of polyacrylic acid, polyacrylate, polymethyl methacrylate, polyacrylonitrile, polyamide, sodium carboxymethyl cellulose, etc.
Claim 1 of the reference application claims a first active material particle, second active material particle, etc. Claim 3 of the reference application that depends from claim 1 claims a particle size of the first active material particle ranges from 2.31 µm to 30 µm, and a particle size of the second active material particle ranges from 0.1 µm to 2.3 µm.
Claims 1 and 11 claim a particle diameter of the active material particles is 1 µm to 40 µm. Claims 1 and 11 claims a first, second, etc., active material particle(s), and a particle diameter of the first active material particles is larger than a particle diameter of the second active material particles by 4 µm to 17 µm, etc.
Therefore, since the reference application claims a particle size of the second active material particle ranges from 0.1 µm to 2.3 µm, this at least provides a range of diameters that overlap the instant application claim of a particle diameter of the active material particles is 1 µm to 40 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Furthermore, since the reference application claims a particle size of the first active material particle ranges from 2.31 µm to 30 µm, this at least provides particle diameter range (i.e., 27.7 µm to 2.21 µm) that overlaps the claimed range of a particle diameter of the first active material particles is larger than a particle diameter of the second active material particles by 4 µm to 17 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.), such that the recitation of first, second, etc., particles does not provide patentable weight since the composition and/or structure of said particles are not chemical and/or structurally distinct, such that the skilled artisan would appreciate that any particle that meets the ranges as discussed above can be a first, second, particle, etc.
However, the instant application claims at least three active material particles bonded by the first binder particle. Furthermore, the instant application claims a particle diameter of the second active material particle is larger than a particle diameter of the third active material particle by 0.01 µm to 8 µm.
Sunagawa teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the skilled artisan would appreciate that this at least provides a particle diameter range that overlaps and/or encompasses the claimed range of a particle diameter of the second active material particle (e.g., second oxide as taught by Sunagawa) is larger than a particle diameter of the third active material particle (e.g., third oxide as taught by Sunagawa) by 0.01 µm to 8 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.).
Furthermore, Sunagawa teaches in C3:L19-35 preferably, the first oxide has a larger mean particle diameter than the second oxide, and if the mean particle diameter of each oxide is maintained within the above-specific range, contact between particles of those complex oxides is maintained at a higher degree of occurrence to thereby improve the electronic conduction of the mix in its entirety, etc.
Sunagawa further teaches in C2:L18-22 an object of the present invention is to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kuzuoka with the teachings of Sunagawa, whereby the electrochemical device and/or electronic device comprising an electrochemical device including the active material particles in the plurality of particle groups as disclosed by Kuzuoka further includes the particle diameter(s) as taught by Sunagawa so as to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Kuzuoka discloses in Example 5 (i.e., production of positive electrode in Example 1, [0157]) and Example 14 (i.e., production of positive electrode discussed in Example 7, [0187]) production of a positive electrode, whereby positive active material (i.e., LiMn2O4, also see [0040] for alternative lithium-containing composite metal oxides such as LixCoO2, etc.), polyolefin particles (i.e., polyethylene or polypropylene particles as discussed above), acetylene black (i.e., at least carbon black, [0050]), binder (see [0052], [0055]), etc., are mixed and thoroughly dispersed in N-methyl-2pyrrolidone (NMP), thereby preparing a positive electrode mixture paste, whereby the positive electrode mixture paste is applied to one surface of the aluminum foil, etc., dried at 60°C, and then rolled to form a positive electrode active material layer, etc. Kuzuoka further discloses in [0166] a battery electrode evaluation was produce in the same manner as in Example 2 (i.e., Example 2 produced in the same manner as in Example 1 except for different solid content mass ratio(s)) except that a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd, trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton was used as a binder in place of the polyvinylidene fluoride solution, etc.
The instant specification in [0077] describes preparing a positive electrode plate using lithium cobalt oxide as a positive active material, using conductive carbon black particles as a conductive agent, using polypropylene as a first binder, a second binder (i.e., sodium polyacrylate), and using an aluminum foil as a positive current collector, mixing the lithium cobalt oxide, the conductive carbon black, the polypropylene, and the binder, and dissolving the mixture in an N-methyl-pyrrolidone (NMP) solution to form a positive slurry, and coating the aluminum foil with the positive slurry to obtain an active material layer, drying, cold pressing, etc., to obtain a positive electrode plate.
Furthermore, since Kuzuoka discloses the active material layer further comprises a second binder (i.e., at least binder or water-soluble polymer, etc., as discussed above, whereby examples of the binder which may be used in the positive electrode active material layer include poly(methyl methacrylate), a resin containing a structural unit derived from a nitrile group-containing monomer, etc., and examples of the resin containing a structural unit derived from a nitrile group-containing monomer include a resin that contains a structural unit derived from a nitrile group-containing monomer such as acrylonitrile, etc., whereby examples include a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd., trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton such as that discussed in Example 6 [0166], the skilled artisan would appreciate substituting one known binder such as poly(methyl methacrylate) for a copolymer (binder, manufactured by Hitachi Chemical Co., Ltd., trade name: LSR7) obtained by adding acrylic acid and a straight chain ether group to a polyacrylonitrile skeleton, such that Kuzuoka recognizes that said binder(s) are art recognized equivalents so as to provide a positive electrode ref. 1 for a lithium ion secondary battery that is formed on a positive electrode current collector ref. 2 by binding a positive electrode active material ref. 3, insulating polyolefin particles ref. 4, and an electroconductive material ref. 5 using a binder ref. 6 as disclosed in [0067].
Therefore, since both the instant specification and Kuzuoka provide similar methods of mixing a positive active material with a first binder (i.e., at least polyolefin particles such as polyethylene, polypropylene particles, etc. as discussed above), etc., and Sunagawa teaches the particle diameter(s) of the active material particle(s), the skilled artisan would appreciate that the combined teachings of Kuzuoka and Sunagawa provide an identical or substantially identical method of preparing a positive electrode plate, as well as an identical and/or substantially identical product as claimed, such that properties and/or functions such as at least three active material particles bonded by the first binder particle, are presumed inherent (MPEP 2112.01, I., II.).
Therefore, it would have obvious to combined the reference application with the combined teachings of Kuzuoka and Sunagawa so as to provide a positive electrode for a lithium ion secondary battery, which has a function of increasing the internal resistance of a battery in a case in which the temperature is raised, has excellent battery characteristics during normal operation, and provides a simple manufacturing process, an electrode for a lithium ion secondary battery, and a lithium ion secondary battery using the same.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed December 16th, 2025 have been fully considered but they are not persuasive.
Applicants argue Page 8, “Sunagawa, on the other hand, discloses maintaining the mean particle diameter of each of its oxides within the above ranges so that contact between particles of those oxides is maintained. One of ordinary skill would not have simply looked at the particle sizes of Sunagawa and made the modification of Kuzuoka to employ the different particle sizes as there would not have been a reasonable expectation of success in making the modification. Furthermore, there would have been no expectation that "each particle group comprises a first binder particle and at least three active material particles bonded by the first binder particle" based on Sunagawa teaching that its particle sizes are selected so that contact between particles of those oxides is maintained.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, Kuzuoka further discloses active materials such as LixCoO2, LixMnO2, etc., as discussed in [0040] (also see [0044]), which are at least particles as shown in Fig. 1, as well as disclosed in [0157] (also see Figs. 3-4, Examples 1, 5, [0158]-[0159]).
Kuzuoka further discloses active materials such as LixCoO2, LixMnO2, etc., as discussed in [0040] (also see [0044]), which are at least particles as shown in Fig. 1, as well as disclosed in [0157] (also see Figs. 3-4, Examples 1, 5, [0158]-[0159]), such that this at least provides the at least three active material particles comprise a first active material particle, a second active material particle, and a third active material particle (i.e., at least provides said first, second and third active material particle(s) as shown in Annotated Fig. 1 above in claim 1), such that the skilled artisan would appreciate that since said first, second and third active material particle(s) are not necessarily required to be different active material particle(s), that said particles are provided, lacking any further structural and/or chemical distinction thereof as to said a first active material particle, a second active material particle, and a third active material particles.
However, Kuzuoka is silent as to a particle diameter of the active material particles in the plurality of particle groups is 1 µm to 40 µm. Furthermore, Kuzuoka is silent as to a particle diameter of the first active material particle is larger than a particle diameter of the second active material particle by 4 µm to 17 µm. Furthermore, Kuzuoka is silent as to a particle diameter of the second active material particle is larger than a particle diameter of the third active material particle by 0.01 µm to 8 µm.
Sunagawa teaches a nonaqueous electrolyte secondary battery (Title). Sunagawa further teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, which at least provides a range of particle diameters that are within the claimed range of a particle diameter of the active material particles in the plurality of particle groups is 1 µm to 40 µm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Since Sunagawa teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the skilled artisan would appreciate that this at least provides a particle diameter range that overlaps and/or encompasses the claimed range of the first active material particle (e.g., first oxide as taught by Sunagawa) is larger than a particle diameter of the second active material particle (e.g., second oxide as taught by Sunagawa) by 4 µm to 17 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.).
Since Sunagawa teaches in C3:L41-45 a nonaqueous electrolyte secondary battery in accordance with a second aspect of the present invention is characterized as using a mixture of a first oxide, a second oxide and third oxide for the positive electrode material. Sunagawa further teaches in C4:L27-35 the first oxide in the form of a lithium-manganese complex oxide preferably has a mean particle diameter of 5-30 μm, the second oxide in the form of a lithium-nickel-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the third oxide in the form of a lithium-cobalt complex oxide preferably has a mean particle diameter of 3-15 μm, the skilled artisan would appreciate that this at least provides a particle diameter range that overlaps and/or encompasses the claimed range of a particle diameter of the second active material particle (e.g., second oxide as taught by Sunagawa) is larger than a particle diameter of the third active material particle (e.g., third oxide as taught by Sunagawa) by 0.01 µm to 8 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kuzuoka with the teachings of Sunagawa, whereby the electrochemical device and/or electronic device comprising an electrochemical device including the active material particles in the plurality of particle groups as disclosed by Kuzuoka further includes the particle diameter(s) as taught by Sunagawa so as to provide a nonaqueous electrolyte secondary battery which has a high capacity retention and exhibits improved cycle performance characteristics, etc.
Furthermore, since both the instant specification and Kuzuoka provide similar methods of mixing a positive active material with a first binder (i.e., at least polyolefin particles such as polyethylene, polypropylene particles, etc. as discussed above), etc., and Sunagawa teaches the particle diameter(s) of the active material particle(s), the skilled artisan would appreciate that the combined teachings of Kuzuoka and Sunagawa provide an identical or substantially identical method of preparing a positive electrode plate, as well as an identical and/or substantially identical product as claimed, such that properties and/or functions such as at least three active material particles bonded by the first binder particle, are presumed inherent (MPEP 2112.01, I., II.).
Therefore, in light of the amendment(s) to the claims, a new ground(s) of rejection 35 U.S.C 103 in view of Kuzuoka and Sunagawa is made for claims 1-2, 4, 7, 9, 11-12, 14, 17, 19, and 21-26. See the current 35 U.S.C. 103 rejection for the claims that depend therefrom.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Iida et al. (U.S. PGPub US 2015/0303484 A1) discloses a current collector, electrode, secondary battery, and capacitor (Title), whereby as disclosed in [0065] there is no particular limitation regarding the crystalline particles used as the binder material ref. 107, such as polyethylene particles, polypropylene particles, etc.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727