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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 17th, 2025 has been entered.
Claim Status
Claims 14, 16-17, 19, and 21-28 are under examination.
Claims 1-13 are withdrawn.
Claims 15, 18, and 20 are cancelled.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Withdrawn Claim Rejections - 35 USC § 112
The amendment(s) to the claim(s) filed December 17th, 2025 is acknowledged and the previous rejections are withdrawn.
New Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14, 16-17, 19, and 21-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 14, “the carbon dioxide gas is dissolved at a concentration of 50 mg/L to 9000 mg/L, measured at 25°C under ambient pressure” is recited in Lines 34-35, however it is unclear as to what “ambient pressure” refers, whereby the instant specification only describes ambient with regards to temperature in [0206], [0215], [0259], such that ambient temperature refers to three different temperature conditions, thereby failing to point out and distinctly claim the subject matter. Therefore, the examiner will interpret the claim as --the carbon dioxide gas is dissolved at a concentration of 50 mg/L to 9000 mg/L--.
Claims 16-17, 19, and 21-28 are rejected as they depend from claim 14.
The term “ambient” in claim 14 is a relative term which renders the claim indefinite. The term “ambient” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the examiner will interpret the claim as --the carbon dioxide gas is dissolved at a concentration of 50 mg/L to 9000 mg/L--.
Claims 16-17, 19, and 21-28 are rejected as they depend from claim 14.
The term “excessive” in claim 28 is a relative term which renders the claim indefinite. The term “excessive” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the examiner will interpret the claim as --wherein forming of the slurry includes mixing the binder and the positive electrode active material--.
Claim Rejections - 35 USC § 103
Claims 14, 16-17, 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto et al. (WO2017/138193 A1 and using as Machine Translation of English version), hereinafter Sakamoto.
Regarding claim 14, Sakamoto discloses a method of manufacturing a nonaqueous electrolyte secondary battery, comprising:
(a) a step of preparing a positive electrode (i.e., at least as disclosed in [Page 1:L10-16], lacking any further distinction thereof, also see Title, Abstract, [Page 3:L86-106], [Page 3:L107-110]), a negative electrode (i.e., at least as disclosed in [Page 1:L10-16], lacking any further distinction thereof, also see [Page 25:L1136-1139],[Page 1:L15-20]), a separator disposed between the positive electrode and the negative electrode (i.e., at least a separator that is at least disposed between the positive electrode and the negative electrode so that the positive electrode is joined to a separator and a negative electrode via the separator, etc., as disclosed in [Page 25:L1136-1139], such that the skilled artisan would appreciate that said separator is at least between the positive and negative electrodes so as to provide a functioning battery, etc., also see [Page 25:L1140-1149], [Page 30:L1433-1435, Page 31:L1435-1438]), and an electrolyte (i.e., at least at least electrolytic solution as disclosed in [Page 25:L1136-1216], lacking any further distinction thereof, also see Title, [Page 31:L1430-1438]);
(b) a step of laminating the positive electrode, the negative electrode, and the separator and immersing them in an electrolytic solution (i.e., at least as disclosed in [Page 25:L1136-1216] whereby the positive electrode, etc., is joined to a separator and a negative electrode via the separator, and then sealed while immersed in an electrolyte to form a secondary battery, etc., such that the skilled artisan would appreciate that joining the positive, negative and separator together at least provides laminating said positive/negative electrodes and separator, lacking any further distinction thereof as to said laminating), and
(c) a step of preparing the positive electrode (i.e., at least as disclosed in [Page 4:L164-4], [Page 7:L287-297]),
the step(c) includes (c1) a step of forming a binder for positive electrode having cellulose (i.e., at least carboxymethyl cellulose (CMC), etc., as disclosed in [Page 8:L338-348], and lacking any further chemical distinction thereof, also see [Page 1:L15-17], [Page 8:L349-361], [Page 7:L287-299]) and a solvent and having carbon dioxide gas dissolved therein (i.e., at least at least N-methylpyrrolodine (NMP), water, etc., as disclosed in Page 5:L198-202), carbon dioxide is dissolved in the solvent (i.e., at least carbon dioxide gas as disclosed in [Page 5:L180-192], also see [Page 3:L107-117], [Page 6-L248-258], [Page 8:L362-367]), lacking any further distinction thereof),
(c2) a step of forming a slurry having a positive electrode active material and the binder for positive electrode (i.e., at least as disclosed in [Page 4:L164-4], [Page 7:L287-297], Page 1:L15-17], [Page 8:L349-361], [Page 8:L349-361], [Pages 7-8:L300-337], [Page 8:L338-348]), lacking any further distinction thereof as claimed.
Sakamoto further discloses (c3) a step of forming the positive electrode by applying the slurry to a current collector (i.e., at least as disclosed in [Page 1:L15-16] whereby the positive and negative electrodes of a battery are prepared by coating a current collector with a slurry containing an active material, a binder, etc., also see [Page 1:L35-37], [Page 4:L130-144], [Pages 24-25:L1108-1135], [Pages 32-33:L1518-1527]), the positive electrode active material, at least, has an alkali metal element as a constituent element (i.e., at least active material is an alkali metal composite oxide such as a lithium composite oxide, etc., as disclosed in [Pages 7-8:L300-337], such that an alkali metal composite oxide at least provides an alkali metal element as a constituent element, lacking any further chemical distinction thereof, also see [Page 3:L121-125], [Pages 7-8:L300-337], Tables 11-21).
Since Sakamoto discloses the slurry including the positive electrode active material, cellulose binder, etc., as discussed above, and further discloses in [Page 3:L126-127]-[Page 4:L125-129] by using the slurry for a positive electrode of a nonaqueous electrolyte secondary battery of the present invention, a positive electrode of a nonaqueous electrolyte secondary battery coated with an alkali metal carbonate can be manufactured, etc., whereby the slurry contains an active material and a binder as solid contents, etc., as disclosed in [Page 7:L298-299], the skilled artisan would appreciate that this at least provides a carbonic acid compound of alkali metal element (i.e., at least alkali metal carbonate, lacking any further chemical distinction as to said carbonic acid compound, also see [Pages 5-6:L220-223]), and further provides in the step (b), a part or all of the surface of the positive electrode active material is coated with the cellulose, and a carbonic acid compound of the alkali metal element is coated on a part or all of a surface of the cellulose (i.e., at least coated on a part of the binder (e.g., a cellulose) so as to provide a positive electrode coated with lithium carbonate, thereby providing improved water resistance of the electrode as discussed in [Page 6:L222-224], also see [Page 6:L224-247]), and lacking any further distinction thereof.
Sakamoto further discloses in [Page 8:L338-348] the binder may be any of those commonly used, for example, polyvinylidene fluoride (PVDF), carboxymethyl cellulose (CMC), etc., and may be used alone or in combination of two or more, which at least provides the binder for positive electrodes further has thermoplastic resin (i.e., PVDF is at least a thermoplastic fluorine-based resin as evidenced by the instant specification in [0052]), lacking any further chemical distinction thereof.
Sakamoto discloses in Pages 4-5:L164-179 from Henry’s law, it is known that the amount of carbon dioxide that dissolves in a solvent is proportional to the pressure, and when carbon dioxide gas is dissolved in a solvent under pressure, the concentration of inorganic carbon (carbon dioxide, carbonic acid, carbonate ions, etc.) in the solvent can be increases, etc., and further discloses in [Pages 6-7:L261-270] the carbon dioxide pressure is not particularly limited as long as it is equal to or higher than normal pressure, since the higher the pressure, the higher the concentration of dissolved inorganic carbon that can be obtained, whereby the pressure is set to 0.12 MPa, etc., to 100 MPa or less, etc.
Furthermore, the instant specification in [0086] recites “the higher the pressure of carbon dioxide, the more the amount of carbon dioxide contained in the binder for positive electrode tends to increase according to Henry’s law.”
Therefore, although Sakamoto is silent as to the carbon dioxide gas is dissolved at a concentration of 50mg/L to 9000mg/L, one having ordinary skill before the effective filing date would appreciate varying the pressure so that the amount of carbon dioxide dissolved in a solvent, etc., is varied, such that from Henry’s law it is known that the amount of carbon dioxide that dissolves in a solvent is proportional to the pressure, such that it would have been obvious to skilled artisan to have optimized said pressure without undue experimentation (i.e., changing pressure to increase concentration of CO2) (MPEP 2144.05, II., A., B.), lacking any further distinction thereof and/or criticality as to the claimed range.
Furthermore, the examiner asserts that although a concentration range of carbon dioxide gas is claimed, one having ordinary skill would appreciate that the method of introducing carbon dioxide at least include(s) varying pressure(s) under broadest reasonable interpretation as claimed so as to introduce varying quantities of carbon dioxide into solvent(s), such that from Henry’s law it is known that the amount of carbon dioxide that dissolves in a solvent is proportional to the pressure, whereby the skilled artisan would have optimized said pressure without undue experimentation (i.e., changing pressure to increase concentration of CO2) (MPEP 2144.05, II., A., B.) so as to obtain a desired carbon dioxide concentration that is subsequently measured at 25°C, lacking any further distinction thereof and/or criticality as to the claimed range.
Sakamoto further discloses the carbon dioxide gas is dissolved in the solvent prior to the binder contacting the positive electrode active material (i.e., at least Page 6:L248-250 whereby the neutralization treatment of the slurry may be performed by using a solvent containing dissolved inorganic carbon as a solvent for the slurry in advance, etc., such that the inorganic carbon is produced by dissolving carbon dioxide gas in the slurry solvent as disclosed in Page 3:L107-116).
Regarding claim 16, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above in claim 14. Although Sakamoto is silent as to in the step (b), a polymer gel in which the thermoplastic resin absorbs the electrolytic solution is formed, Sakamoto necessarily possesses this limitation for the following reasons. Since Sakamoto discloses in [Page 25:L1136-1216] the positive electrode, etc., is joined to a separator and a negative electrode via the separator, and then sealed while immersed in an electrolyte to form a secondary battery, etc., as discussed above in claim 14, and Sakamoto further discloses in [Page 8:L338-348] the binder may be any of those commonly used, for example, polyvinylidene fluoride (PVDF), carboxymethyl cellulose (CMC), etc., whereby PVDF is at least a thermoplastic fluorine-based resin, as discussed above in claim 15, this at least provides in the step (b), a polymer gel in which the thermoplastic resin absorbs the electrolytic solution is formed, such that the skilled artisan would appreciate that said thermoplastic resin (e.g., PVDF) immersed in said electrolyte as discussed above at least absorbs the electrolytic solution thereby forming a polymer gel. Furthermore, since Sakamoto discloses identical and/or substantially identical materials, and said step (b) as discussed above in claim 14, forming a polymer gel is presumed inherent (MPEP 2112.01, I., II.), lacking any further distinction thereof.
Regarding claim 17, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above in claim 14. Since Sakamoto discloses the binder includes a cellulose, PVDF and/or a combination thereof as discussed above in claim 15, and Sakamoto further discloses in [Page 7:L298-299] the slurry contains an active material and a binder as solid contents, etc., whereby as disclosed in [Page 8:L349-361] in the active material layer of the positive electrode, for example, provided that the total amount of the positive electrode active material, the binder, etc., is 100% by mass, the amount of positive active material is preferably 60% to 99% by mass, the amount of the binder is preferably 0.1% to 25% by mass, etc., whereby the above-mentioned composition of the positive electrode active material layer provides sufficient binding, etc., this at least provides a range of binder(s) (i.e., preferably 0.1% to 25% by mass), such that a combination thereof of cellulose and PVDF (i.e., at least thermoplastic resin) at least sums to preferably 0.1% to 25% by mass, which is a binder range that overlaps the claimed range of the binder for positive electrode, cellulose is 5% by mass or more and 80% by mass or less, and the thermoplastic resin is 20% by mass or more and 95% by mass or less (e.g., 5% cellulose and 20% PVDF, as an example by the examiner and commensurate with that embodied in Sakamoto), thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Regarding claim 26, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 14. Sakamoto further discloses the solvent is a N-methylpyrrolidone (i.e., at least at least N-methylpyrrolodine (NMP), etc., as disclosed in [Page 5:L198-202] and above in claim1).
Regarding claim 28, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above in claim 14. Sakamoto further discloses Page 6:L248-250 the neutralization treatment of the slurry may be performed by using a solvent containing dissolved inorganic carbon as a solvent for the slurry in advance, etc., such that the inorganic carbon is produced by dissolving carbon dioxide gas in the slurry solvent as disclosed in Page 3:L107-116, etc., and further discloses Page 9:L368-394 the slurry for the positive electrode of a nonaqueous electrolyte secondary battery obtained by the method for producing a slurry for a positive electrode, etc., such that it is preferable that the electrode active material, the conductive assistant, and the binder are uniformly dispersed in the positive electrode slurry, etc. (also see [Page 4:L164-4], [Page 7:L287-297], Page 1:L15-17], [Page 8:L349-361], [Page 8:L349-361], [Pages 7-8:L300-337], [Page 8:L338-348]), which at least provides forming of the slurry includes mixing the binder and the positive electrode active material, etc., lacking any further distinction thereof as claimed.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto as applied to claim 14, and further in view of Nakamura et al. (WO2017057699 (A1) and using Machine Translation as English version), hereinafter Nakamura.
Regarding claim 21, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above in claim 14. However, Sakamoto is silent as to the cellulose comprises cellulose hydrophobized by a part of a hydroxyl group being replaced with a carboxyl group.
Nakamura teaches in Page 1:L10-19 the present invention further relates to an apparatus and method for continuously producing a cellulose composite resin using the obtained chemically modified cellulose, an apparatus for continuously producing a separator for a lithium ion battery using the cellulose composite resin, and a cellulose nanofiber composite separator for a lithium ion battery produced by the apparatus, etc. Nakamura further teaches Page 3:L132-140 the present invention also provides a method for continuously producing chemically modified cellulose, comprising: a first step of introducing a finely powdered cellulose fiber raw material (6) and a hydrophobic chemical substance, etc. Nakamura further teaches in Page 7:L293-331 the hydrophobic chemical used for chemical modification in this treatment can be an acid capable of reacting with the hydroxyl groups of cellulose, but is preferably a carboxylic acid compound, etc., whereby among these carboxylic acid compounds, compounds having two carboxyl groups (dicarboxylic acid compounds) are preferred, and examples of acid anhydrides of compounds having two carboxyl groups include dicarboxylic acid compounds such as succinic anhydride, etc., which at least provides the cellulose comprises cellulose hydrophobized by a part of a hydroxyl group being replaced with a carboxyl group, such that chemical modification of said cellulose with succinic anhydride (also see Examples 1-2) at least provides substituting with a hydrophobic group so that a hydroxyl group is replaced with a carboxyl group (as evidenced by the instant specification [0121]), and lacking any further chemical distinction thereof.
Nakamura further teaches in C5:L213-219 the present invention provides a method for continuously producing chemically modified cellulose, which continuously adds a function that can dramatically improve the dispersibility and stability of cellulose fiber raw materials in thermoplastic resins, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sakamoto with the teachings of Nakamura, whereby the method of manufacturing a nonaqueous electrolyte secondary battery as taught by Sakamoto further includes a hydrophilic group of cellulose comprises cellulose substituted with a hydrophobic group, and the cellulose comprises cellulose hydrophobized by a part of a hydroxyl group being replaced with a carboxyl group as taught by Nakamura so as to provide a method for continuously producing chemically modified cellulose, which continuously adds a function that can dramatically improve the dispersibility and stability of cellulose fiber raw materials in thermoplastic resins, etc.
Regarding claim 22, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 21. However, Sakamoto is silent as to the cellulose comprises cellulose subjected to an ethylene oxide addition treatment or a propylene oxide addition treatment.
Nakamura further teaches in Examples 1-2 (see Pages 12:L535-546) chemically modifying the cellulose raw material that has been chemically modified with succinic anhydride with propylene oxide (PO) after washing and drying in order to further improve dispersibility and stability of nanocellulose fibers, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sakamoto with the teachings of Nakamura, whereby the method of manufacturing a nonaqueous electrolyte secondary battery including the chemically modified cellulose as disclosed by Sakamoto further includes a cellulose subjected to an ethylene oxide addition treatment or a propylene oxide addition treatment as taught by Nakamura in order to further improve dispersibility and stability of nanocellulose fibers, etc.
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto as applied to claim 14 above, and further in view of Mikhaylik et al. (U.S. Patent No. 9,490,478), hereinafter Mikhaylik.
Regarding claim 19, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above in claim 14. However, Sakamoto is silent as to the cellulose has a fiber diameter of 0.002µm or more and 1 µm or less, a fiber length of 0.5 µm or more and 10mm or less, and an aspect ratio of fiber length/fiber diameter of 2 or more and 100000 or less.
Mikhaylik teaches electrochemical cells comprising fibril materials (Title). Mikhaylik further teaches in C2:L23-29 at least one of the negative electrode, the positive electrode, and the electrolyte comprises a fibril material comprising cellulose or a cellulose derivative, etc. Mikhaylik further teaches in C2:L1-5 at least a portion of the fibrils have a maximum cross-sectional diameters of less than about 1 µm and aspect ratios of at least about 10:1 (Also see C2:6-39, C2:63-67, C3:L1-21, C6:L13-22, Example 1), which at least provides a diameter range and aspect ratio range that is overlaps and/or encompasses the claimed range of the cellulose has a fiber diameter of 0.002µm or more and 1 µm or less, and an aspect ratio of fiber length/fiber diameter of 2 or more and 100000 or less, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Furthermore, since Mikhaylik discloses diameters of less than about 1 µm and aspect ratios of at least about 10:1, the skilled artisan would appreciate this at least provides a fiber length range (i.e., aspect ratio multiplied by diameter of greater than zero to at least 10 µm or more, which overlaps and/or encompasses the claimed range of a fiber length of 0.5 µm or more and 10mm or less, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Mikhaylik further teaches in C8:L24-36 the use of fibril materials (e.g., fibrils comprising cellulose or cellulose derivatives) can allow for the production of porous cathodes having very smooth exposed surfaces, with minimal cracking, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Sakamoto with the teachings of Mikhaylik, whereby the method of manufacturing a nonaqueous electrolyte secondary battery as disclosed by Sakamoto further includes the cellulose fiber diameter, length and aspect ratio(s) as taught by Mikhaylik, whereby the use of fibril materials (e.g., fibrils comprising cellulose or cellulose derivatives) can allow for the production of porous cathodes having very smooth exposed surfaces, with minimal cracking, etc.
Claims 23, 25 are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto and Mikhaylik as applied to claim 19 above, and further in view of Nakamura et al. (WO2017057699 (A1) and using Machine Translation as English version), hereinafter Nakamura.
Regarding claim 23, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 19. However, Sakamoto is silent as to the cellulose is subjected to a defibration treatment, and the defibration treatment is a chemical treatment or a physical treatment.
The combined teachings of Sakamoto and Mikhaylik disclose the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 19. Nakamura further teaches in Page 1:L10-19 the present invention further relates to an apparatus and method for continuously producing a cellulose composite resin using the obtained chemically modified cellulose, an apparatus for continuously producing a separator for a lithium ion battery using the cellulose composite resin, and a cellulose nanofiber composite separator for a lithium ion battery produced by the apparatus, etc. Nakamura further teaches in Page 7:L293-331 the hydrophobic chemical used for chemical modification in this treatment can be an acid capable of reacting with the hydroxyl groups of cellulose, but is preferably a carboxylic acid compound, etc., whereby among these carboxylic acid compounds, compounds having two carboxyl groups (dicarboxylic acid compounds) are preferred, and examples of acid anhydrides of compounds having two carboxyl groups include dicarboxylic acid compounds such as succinic anhydride, etc., which at least provides the cellulose is subjected to a defibration treatment, and the defibration treatment is a chemical treatment, and since there is no further chemical distinction thereof as to said reagent(s) and/or defibration/chemical treatment(s), the claim limitation is met.
Nakamura further teaches in Page 13:L606-610 the present invention can continuously add a function that dramatically improves the dispersibility and stability of cellulose fiber raw materials in resin, which is necessary when producing a composite resin by mixing cellulose, which is abundant in nature, with a resin, and can achieve defibration of cellulose in a reactor and composite formation with a thermoplastic resin.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Sakamoto and Mikhaylik with the teachings of Nakamura, whereby the method of manufacturing a nonaqueous electrolyte secondary battery as disclosed by the combined teachings of Sakamoto and Mikhaylik further includes the cellulose is subjected to a defibration treatment, and the defibration treatment is a chemical treatment as taught by Nakamura so as to provide a method for continuously producing chemically modified cellulose, which continuously adds a function that can dramatically improve the dispersibility and stability of cellulose fiber raw materials in thermoplastic resins, etc.
Regarding claim 25, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 23.
The instant claim is proviso upon the limitation the physical treatment is performed using a grinder, a bead mill, an opposed collision treatment apparatus, a high pressure homogenizer or a water jet, not positively required by the independent claim; therefore, the limitations of the instant claim do not come into force.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto and Mikhaylik and Nakamura as applied to claim 23 above, and as evidenced by Knovel (Knovel Critical Tables 2nd Edition (2008)), hereinafter Knovel.
Regarding claim 24, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 23.
Sakamoto is silent as to the chemical treatment is performed by adding one or more kinds of reagents having pH value of 0.1 or more and 13 or less, and having melting point of -20°C to 200°C.
The combined teachings of Sakamoto and Mikhaylik and Nakamura disclose the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 23. Nakamura further discloses Pages 10-11:L473-474 the acid value, which indicates the degree of chemical modification of the obtained chemically modified cellulose, was measured using a commonly used acid value measurement method (JIS K2501), whereby the acid value is defined as the number of milligrams of potassium hydroxide required to neutralize the acidic substances contained in 1 g of a sample, such that the acid value indicates the amount of succinic anhydride added to the cellulose surface, and it can be determined that the higher this value is, the more hydrophobic the cellulose is, whereby in the measurement, first, 1 g of the cellulose for evaluation was weighed out and placed in a 100 mL beaker, and 10 mL each of distilled water and acetone were added, etc., whereby next this mixed solution was titrated with a 0.1N KOH-ethanol solution while being stirred at 200 rpm to measure the acid value, etc., (also see Pages 9-10:L422-443, Examples 1-2, Table 2). Furthermore, as shown in Example 1 (Table 2), the acid value is 36.6 mg/g, whereby as an example provided by the examiner, since the total amount of distilled water and acetone was 20 mL and a total amount of KOH is 36.6 mg, this at least provides a concentration of 0.000032 mol/L of KOH (i.e., (3.66e-5 g KOH/ (56.10 g/mol KOH)/0.02 L), whereby the pOH = -log[OH] = -log[0.000032 mol/L KOH] = 4.48 and the corresponding pH = 14-pOH = 9.52, which is a value within the claimed range of reagents having pH value of 0.1 or more and 13 or less, thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Furthermore, since Nakamura discloses succinic anhydride as discussed above, this at least provides a reagent having a melting point of (i.e., at least 118-120°C as evidenced by Knovel), which is a value within the claimed range of having melting point of -20°C to 200°C, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Furthermore, since Nakamura discloses a reagent that is identical and/or substantially identical to that claimed, properties and/or functions such as reagents having pH value of 0.1 or more and 13 or less, and having melting point of -20°C to 200°C are presumed inherent (MPEP 2112.01, II.).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto and Mikhaylik as applied to claim 19 above, and further in view of Sasaki et al. (U.S. PGPub US 2012/0315541 A1), hereinafter Sasaki.
Regarding claim 27, Sakamoto discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above claim 19. Sakamoto further teaches in Page 8:L338-348 the binder may any of those commonly used, for example polyvinylidene fluoride (PVDF), polyacrylate, acrylic acid ester, polyamide, polyimide (PI), carboxymethyl cellulose (CMC), etc., used alone or in combination of two or more, etc.
However, Sakamoto is silent as to in the step (c1) comprising a step of obtaining a mixed solvent liquid comprising the cellulose and a liquid medium and a N-methylpyrrolidone, and a step of evaporating the liquid medium in the mixed solvent liquid to increase the concentration of N-methylpyrrolidone.
The combined teachings of Sakamoto and Mikhaylik discloses the method of manufacturing a nonaqueous electrolyte secondary battery as discussed above in claim 19. Sasaki teaches a lithium-ion secondary battery (Title). Sasaki further teaches in Example 2 ([0204]) 360 parts of NMP was added to 100 parts of the polymer particle aqueous dispersion liquid, and water was evaporated under reduced pressure to obtain an NMP solution having a solid concentration of 10%, which at least provides a step of obtaining a mixed solvent liquid comprising a liquid medium and the N-methylpyrrolidone, and a step of evaporating the liquid medium in the mixed solvent liquid to increase the concentration of N-methylpyrrolidone, lacking any further distinction thereof. Sasaki further teaches in [0086] the method for polymerizing the monomer composition for a positive electrode for preparing the positive electrode binder (also see [0084]-[0085]) is not particularly limited, and a positive electrode binder may be prepared by the same method as the aforementioned method for preparing the negative electrode binder, etc., whereby the medium for use, optional substances to be added to the mixture for polymerization, the ratio thereof, and specific conditions for polymerization may be the same as those used in the preparation of the negative electrode binder, etc., such as an optional thickener as taught in [0061], whereby examples include cellulose-based polymers such as carboxymethyl cellulose, etc. (See [0048], [0050], [0056], [0112]-[0114]).
Sasaki further teaches in [0028] the lithium ion secondary battery of the present invention has high capacity, can maintain high capacity even when charging and discharging are performed in a rapid manner and when charging and discharging are performed in a low temperature environment, and also has high safety.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Sakamoto and Mikhaylik further with the teachings of Sasaki, whereby the method of manufacturing a nonaqueous electrolyte secondary battery including the cellulose, NMP, etc., as disclosed by the combined teachings of Sakamoto and Mikhaylik further includes a step of obtaining a mixed solvent liquid comprising a liquid medium and the N-methylpyrrolidone, and a step of evaporating the liquid medium in the mixed solvent liquid to increase the concentration of N-methyl-2-pyrrolidone as taught by Sasaki so that a lithium ion secondary battery has a high capacity, can maintain high capacity even when charging and discharging are performed in a rapid manner and when charging and discharging are performed in a low temperature environment, and also has high safety, etc.
Response to Arguments
Applicant’s arguments with respect to claim(s) at least claims 14, 16-18, 21-22, and 26 rejected under 35 U.S.C. 102 in view of Sakamoto and Nakamura and Park have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Therefore, in light of the amendment(s) to the claims, a new grounds of 35 U.S.C. 103 rejection for claims 14, 16-17, 26 and 28 is made in view of Sakamoto. See the above current 35 U.S.C. 103 rejection of record for the claims that depend therefrom.
As to Applicants’ arguments on Page 16, “Sakamoto not only fails to teach or suggest dissolving the carbon dioxide gas in the binder solvent prior to the binder contacting the positive electrode active material at a concentration of 50mg/L to 9000mg/L, measured at 25°C under ambient pressure, but specifically teaches away from doing so, as it causes severe foaming.”, the examiner asserts that because Sakamoto indicates dissolving carbon dioxide in the solvent prior to making the slurry as a method that works, it does not teach away, and is simply an alternative method. Moreover, the skilled artisan would appreciate that since Sakamoto does indicate the predictable result that there will be some loss of concentration of CO2 during the process, and nothing in the claim precludes a decrease in CO2 concentration, that under broadest reasonable interpretation the claim limitation(s) are met, lacking any further distinction thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Phares et al. (U.S. PGPub US 2019/0252668 A1) discloses preparation and powder film deposition of pre-coated powders (Title), whereby as disclosed in [0047] any appropriate solvent capable of dissolving the binder may be used, for example, appropriate solvents include, but are not limited to, super critical carbon dioxide, N-methyl pyrrolidone (NMP), etc.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727