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 .
Summary
The Applicant’s arguments and claim amendments received on April 18, 2025 are entered into the file. Currently, claims 1 and 23 are amended; and claims 4-5 and 13-21 are cancelled; resulting in claims 1-3, 6-12, and 22-26 pending for examination.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6-9, 12, and 22-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rika, et al. (JP 2014049209), hereinafter "Rika."
Regarding claims 1-3, 6, and 22, Rika teaches an aqueous electrode binder containing a water-soluble polymer (¶ [0009], Ln. 105-111). The water-soluble polymer contains hydrophobic moieties and polar (hydrophilic) moieties in a well-balanced manner (¶ [0023], Ln. 328-329). The weight-average molecular weight of the water-soluble polymer must be 500,000 or more (¶ [0024], Ln. 337), and is preferably 900,000 to 1,800,000 (¶ [0024], Ln. 347).
Based on the teachings of Rika, the water-soluble polymer containing the hydrophobic moieties and polar (hydrophilic) moieties is considered to be a high molecular weight water-soluble polymer having little to no low molecular weight water-soluble polymer (medium-low molecular weight polymer with molecular weight less than or equal to 100,000 and low molecular weight polymer with molecular weight less than or equal to 50,000) containing the hydrophobic moieties and polar (hydrophilic) moieties. Rika teaches that the soap-free emulsion polymerization method makes to possible to easily polymerize a high molecular weight copolymer at high concentration (¶ [0034], Ln. 482-484).
Rika teaches that the water-soluble polymer contains structural unit (a), structural unit (b), and structural unit (c). Structural unit (a) represents an ethylenically unsaturated carboxylate monomer (hydrophilic unit introduced by hydrophilic monomer and containing a carboxyl group) (¶ [0014], Ln. 168-169). The content of structural unit (a) (hydrophilic unit) in the water-soluble polymer is 30-60% by mass (¶ [0019], Ln. 281-282). Structural unit (b) represents an ethylenically unsaturated carboxylic acid ester monomer (hydrophobic unit introduced by lipophilic monomer) (¶ [0016], Ln. 207-209). The content of structural unit (b) (hydrophobic unit) in the water-soluble polymer is 40-70% by mass (¶ [0020], Ln. 295-296).
The monomers are polymerized in water using a polymerization initiator (¶ [0034], Ln. 472-473) and neutralized using an alkali metal salt such as lithium hydroxide or sodium hydroxide (lye) (¶ [0045], Ln. 624-626) in order to form the water-soluble polymer (dissolves in water).
Regarding claims 7-9, Rika teaches all of the limitations of claim 6 above, and further teaches mixing 77 parts by mass of methacrylic acid (H2C=C(CH3)COOH) (hydrophilic monomer having the structural formula CHR3=CR4R5, wherein R3 is H, R4 is CH3, and R5 is COOH), 98.3 parts by mass of ethyl acrylate (CH2=CHCOOC2H5) (lipophilic monomer having the structural formal CH2=CR1R2, wherein R1 is H and R2 is COOCH2CH3), 44 parts by mass of methyl acrylate (CH2=CHCOOCH3) (lipophilic monomer having the structural formal CH2=CR1R2, wherein R1 is H and R2 is COOCH3), and 0.66 parts by mass of 1,6-hexane diacrylate (lipophilic monomer) to form the water-soluble polymer of Example 1 (¶ [0090], Ln. 1274-1278).
Regarding claim 12, Rika teaches all of the limitations of claim 6 above, and further teaches that the content of structural unit (a) (hydrophilic unit) in the water-soluble polymer is 30-60% by mass (¶ [0019], Ln. 281-282) and the content of structural unit (b) (hydrophobic unit) in the water-soluble polymer is 40-70% by mass (¶ [0020], Ln. 295-296). Specifically, example 2 teaches using 99 parts by mass of methacrylic acid, 120.3 parts by mass of ethyl acrylate, and 0.66 parts by mass of 1,6-hexane diacrylate (¶ [0091], Ln. 1310-1312), resulting in a weight percentage ratio of hydrophilic monomer to lipophilic monomer of 45:55.
Regarding claims 23-24, Rika teaches an aqueous binder including the water-soluble polymer of claim 1 that, after neutralization, the pH of the water-soluble polymer is between 6.2 and 9 (¶ [0046], Ln. 643-644). Specifically, example 1 teaches adjusting the pH of the water-soluble polymer to 7 (¶ [0090], Ln. 1284-1287).
Regarding claim 25, Rika teaches all of the limitations of claim 23, and further teaches that the water-soluble polymer may be used in combination with a dispersant (¶ [0052], Ln. 723-724).
Regarding claim 26, Rika teaches a negative electrode composition comprising the aqueous binder of claim 23 and a negative electrode active material (¶ [0073], Ln. 1030-1033).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Rika, et al. (JP 2014049209).
Regarding claim 10, Rika teaches all of the limitations of claim 9 above. Rika does not expressly teach an example in which the hydrophilic monomer further comprises at least one of the compounds listed in claim 10. Rika does teach that the water-soluble polymer contains a structural unit (c) in addition to structural units (a) and (b), which is a polymerizable monomer (¶ [0018], Ln. 247-251). Structural unit (c) may include (meth)acrylamide-based monomers such as N,N-dimethylacrylamide (¶ [0018], Ln. 252-254). Additionally, Rika teaches that one, two, or more types of polymerizable monomers may be used in the water-soluble polymer (¶ [0018], Ln. 266-267). Rika teaches that a water-soluble polymer with the presented composition has improved adhesion (¶ [0009], Ln. 114).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the water-soluble polymer taught in example 1 of Rika to include an additional polymerizable monomer such as N,N-dimethylacrylamide as taught by Rika. One would be motivated to make this modification in order to improve adhesion.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Rika, et al. (JP 2014049209) as applied to claim 6 above, and further in view of Weizhong, et al. (CN 1328102 A, cited on IDS).
Regarding claim 11, Rika teaches all of the limitations of claim 6 above. Rika does not expressly teach hydrophilic and lipophilic monomers with the specific combinations of compounds listed in the claim. Rika does teach that structural unit (a) includes ethylenically unsaturated carboxylate monomers, which includes acrylic acid, methacrylic acid, and the salts of each, and can be used alone or in combination of two or more (¶ [0014], Ln. 168-172, 191-192), structural unit (b) includes ethylenically unsaturated carboxylic acid ester monomers, which includes acrylates and methacrylates (¶ [0016], Ln. 207-209, 214-215), and can be used alone or in combination of two or more (¶ [0017], Ln. 242-243), and structural unit (c) includes other polymerizable monomers including styrene, methacrylic acid amide, N,N-dimethyl(meth)acrylamide, and vinyl acetate, and can be used alone or in combination of two or more (¶ [0018], Ln. 252-255, 266-267). Additionally, Rika teaches that because the water-polymer has hydrophobic moieties and polar moieties in a well-balanced matter, it has excellent dispersion stability in an active material (¶ [0023], Ln. 328-330).
Weizhong teaches an aqueous binder for a lithium-ion secondary battery (¶ [0001], Ln. 14-15) that includes hydrophilic and lipophilic monomers (¶ [0007], Ln. 75-76). Additionally, Weizhong teaches that one, two, or more hydrophilic and lipophilic monomers can be selected as raw materials for the preparation of the aqueous binder (¶ [0016], Ln. 142-143, 150-152). Weizhong does not expressly teach the specific combinations of compounds for the hydrophilic and lipophilic monomers as listed in claim 11, however, Weizhong teaches a general structural formula for lipophilic monomers and multiple embodiments with examples of lipophilic monomers including acrylonitrile, methacrylonitrile, styrene, methyl acrylate, ethyl acrylate, n-butyl acrylate, vinyl acetate, methyl methacrylate, ethyl methacrylate, and n-butyl methacrylate (¶ [0016], Ln. 144-150; Embodiments 1-26), and a general structural formula for hydrophilic monomers and multiple embodiments with examples of hydrophilic monomers including acrylic acid, N-vinylpyrrolidone, and acrylamide (¶ [0016], Ln. 136-141; Embodiments 1-26).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combinations of lipophilic and hydrophilic monomers, such as by using one of the claimed combinations of compounds, based on the teachings of Rika and Weizhong. In looking at the first combination of compounds taught in claim 11, all of the compounds included are provided in the teachings of Weizhong. Additionally, both Rika and Weizhong teach that multiple combinations of hydrophilic and lipophilic monomers are possible. It would have been obvious to combine the compositions taught in the prior art to be useful for the purpose of producing an aqueous binder for a battery, in order to form a third composition for the same purpose (MPEP 2144.06 (I)). Based on the examples provided, it would be reasonable to combine hydrophilic and hydrophobic monomers in many combinations, including those listed in claim 11. One would be motivated to combine hydrophilic and hydrophobic monomers in order to produce an aqueous binder with hydrophobic moieties and polar moieties in a well-balanced matter, which would have excellent dispersion stability in an active material for a battery.
Response to Arguments
Response-Claim Rejections 35 U.S.C. 112
The previous rejection of claim 23 under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention is overcome by Applicant’s amendment to claim 23 in the response filed April 18, 2025.
Response-Claim Rejections 35 U.S.C. 102 and 103
In light of the amendment to claim 1 requiring the medium-low molecular weight polymer and low molecular weight polymer to include the previously recited hydrophilic unit and hydrophobic unit, the previous rejection under 35 U.S.C. 102 over Rika, et al. (JP 2014049209) is overcome, however, upon further consideration, a new ground of rejection is made under 35 U.S.C. 102 over Rika, et al. (JP 2014049209).
With respect to Rika, et al. (JP 2014049209), the Applicant argues on pages 8-9 of the remarks filed April 18, 2025 that the neither the structural units derived from ethylenically unsaturated carboxylate monomers (“first component”) nor the compounds having surface activity and a weight-average molecular weight of 100,000 or less (“second component”) taught by Rika can be interpreted as the medium-low molecular weight polymer or low molecular weight polymer of the instant application. In light of the amendment to claim 1 requiring the medium-low molecular weight polymer and low molecular weight polymer to include the previously recited hydrophilic unit and hydrophobic unit, the compounds having surface activity and a weight-average molecular weight of 100,000 or less (“second component”) taught by Rika are no longer interpreted as the medium-low molecular weight polymer or low molecular weight polymer of the instant application.
Based on the teachings of Rika, the water-soluble polymer containing the hydrophobic moieties and polar (hydrophilic) moieties is considered to be a high molecular weight water-soluble polymer having little to no low molecular weight water-soluble polymer (medium-low molecular weight polymer with molecular weight less than or equal to 100,000 and low molecular weight polymer with molecular weight less than or equal to 50,000) containing the hydrophobic moieties and polar (hydrophilic) moieties. Rika teaches that the soap-free emulsion polymerization method makes to possible to easily polymerize a high molecular weight copolymer at high concentration (¶ [0034], Ln. 482-484). Therefore, the limitations requiring that the medium-low molecular weight polymer with the hydrophilic unit and hydrophobic unit accounts for less than 5 wt% of the total polymer and requiring that the low molecular weight polymer with the hydrophilic unit and hydrophobic unit accounts for less than 0.5 wt% of the total polymer are met.
Applicant’s arguments filed April 18, 2025 with respect to the process disclosed by Rika have been fully considered but they are not persuasive.
With respect to Rika, et al. (JP 2014049209), the Applicant argues on pages 9-10 of the remarks filed April 18, 2025 that that the process disclosed by Rika would not easily accomplish a polymer containing a medium-low molecular weight polymer accounting for less than 5 wt% of the total polymer and a low molecular weight polymer accounting for less than 0.5 wt% of the total polymer. This argument is not persuasive.
Rika teaches that the soap-free emulsion polymerization method makes to possible to easily polymerize a high molecular weight copolymer at high concentration (¶ [0034], Ln. 482-484). Additionally, Rika points out the disadvantages to having low molecular weight polymer (¶ [0003], Ln. 37-38) and teaches that the weight-average molecular weight of the water-soluble polymer is 500,000 or more, preferably 900,000 to 1,800,000 (¶ [0024], Ln. 341-347).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH J JACOBSON whose telephone number is (703)756-1647. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm.
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785