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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 27th, 2025, has been entered.
Response to Amendment
In response to the amendments received in the Remarks on December 4th, 2025:
Claims 1, 3, 5-8, 11, 14, 16, 19, 22, 24-26, and 28-29 are pending in the current application, claims 1 and 28 have been amended.
Claim 1 has been amended to exclude “an ester group-containing monomer” from structural unit c and to specify the polymeric binder does not comprise “an ester group-containing monomer”.
Claim 28 has been amended to exclude “an ester group-containing monomer” from structural unit c and to specify the polymeric binder does not comprise “an ester group-containing monomer”.
Status of Pending Objections and Rejections from the Office Action of September 18th, 2025:
The previous claims rejections under 35 U.S.C 103 have been overcome in view of the amendments received in the Remarks on December 4th, 2025.
Response to Arguments
Applicant’s arguments, see Remarks, filed December 4th, 2025, with respect to the rejection of claims 1 and 28 under Sonobe et al and Umetsu et al have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Okada et al, WO 2020017515 A1 (referencing US 20200287234 A1 for citation) and Liu et al, CN 111139002 A (English translation provided for citation).
Okada et al teaches a lithium ion secondary battery which contains a positive electrode active material and a lithium compound other than the positive electrode active material [Okada, 0016 & 0017]and the positive electrode active material layer may include other components including a binder [Okada, 0114], wherein a slurry-like coating solution can be prepared by dispersing/dissolving the positive electrode active material, the lithium compound and other optional components, such as a binder, in water or an organic solvent [Okada, 0260].
Liu teaches a water-soluble adhesive for lithium ion batters, comprising a monomer of formula 1, a monomer of formula 2 and a monomer of formula 3 [Liu, 0007].
Applicant argues Ho et al is silent with respect to the various technical features of the invention pertaining to the polymeric binder disclosed, and that Ho is silent to teach on the cathode slurry of the claim, and does not provide a motivation of adopt or combine with the previous prior art.
In response to applicant’s argument that Ho is silent in regards to the technical features of the invention, Ho was relied up to teach the composition for the aqueous solvent.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, Ho teaches a cathode slurry for a lithium ion battery, wherein the solvent used in the slurry contains water as the major component and a volatile solvent as a minor component. The amount of water is at least 50% or at most 95% to the total amount of water and solvents other than water [Ho, 0070]. Some non-limiting examples of solvents for the minor component are: alcohols, lower aliphatic ketones, lower alkyl acetates and combinations thereof. Examples of the non-limiting solvents include:C1-C4 alcohols, such as methanol, ethanol, isopropanol, n-propanol, butanol, acetone, dimethyl ketone, and methyl ethyl ketone, ethyl acetate, isopropyl acetate, and propyl acetate [Ho, 0071], wherein according to the instant specification, the aqueous solvent is a solution containing water as a major component, in the amounts of 51% to about 100% [instant specification, 0085], and further contains a minor component including C1-C4 alcohols, such as methanol, ethanol, isopropanol, n-propanol, butanol, and ketones including acetone, dimethyl ketone, and methyl ethyl ketone and some lower alkyl acetates such as ethyl acetate (EA), isopropyl acetate, and propyl acetate [instant specification, 0087].
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., 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 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.
Claims 1, 3, 5, 11, 19, 22, 24-26, and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al, WO 2020017515 A1 (referencing US 20200287234 A1 for citation) and Liu et al, CN 111139002 A (English translation provided for citation).
Regarding Claim 1, Okada teaches a lithium ion secondary battery which contains a positive electrode active material and a lithium compound other than the positive electrode active material [Okada, 0016 & 0017]and the positive electrode active material layer may include other components including a binder [Okada, 0114], wherein a slurry-like coating solution can be prepared by dispersing/dissolving the positive electrode active material, the lithium compound and other optional components, such as a binder, in water or an organic solvent [Okada, 0260]. The lithium compound is selected from lithium carbonate, lithium oxide, lithium hydroxide, lithium formate, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, lithium sulfate, lithium sulfite, lithium phosphate and lithium oxalate [Okada, 0138], wherein according to the instant specification, the lithium compound is selected from the group including lithium carbonate, lithium hydroxide, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, and lithium sulfate [instant specification, 0092], therefore meets the requirements of the chemical formula [A+]aB-a , wherein Li+ is the cation and an integer from 1 to 10, wherein Ba- is an oxidizable anion, and according to the solubility rules of chemistry, group 1 element salts, such as lithium, Li+, are soluble in water. However, Okada is silent to teach on the polymeric binder comprising a structural unit a, b, or c or the polymeric binder not comprising a structural unit derived from an ester group-containing monomer nor an olefin.
Liu teaches a water-soluble adhesive for lithium ion batters, comprising a monomer of formula 1, a monomer of formula 2 and a monomer of formula 3 [Liu, 0007], wherein the monomer of formula 1 is an acrylic acid, methacrylonitrile or acrylonitrile [Liu, 0019], corresponding to structural unit a and/or c of the claim, wherein according to the instant specification, structural unit c can include an nitrile group-containing monomer such as acrylonitrile and methacrylonitrile and others [instant specification, 0138], and according to the instant specification, structural unit a can include a carboxylic acid group-containing monomer such as acrylic acid, and methacrylic acid and others [instant specification, 0124].
The monomer of formula 2 is N,N-dimethylacrylamide, acrylamide, or 2-acrylamide-2-phenylethanesulfonic acid [Liu, 0019], corresponding to structural unit b of the claim, wherein according to the instant specification, structural unit b can include an amide group-containing monomer such as N,N-dimethylacrylamide, acrylamide and others [instant specification, 0133]. The monomer of formula 3 is acrylonitrile sodium acrylate, acrylic acid or methacrylic acid [Liu, 0019], corresponding to structural unit a and/or c of the claim, wherein according to the instant specification, structural unit a can include a carboxylic acid group-containing monomer such as acrylic acid, and methacrylic acid and others [instant specification, 0124], and according to the instant specification, structural unit c can include an nitrile group-containing monomer such as acrylonitrile and methacrylonitrile and others [instant specification, 0138]. Further example 1 of Liu teaches a water-soluble binder comprised of acrylic acid, N,N-dimethylacrylamide and acrylonitrile monomers [Liu, 0130], therefore, not comprising an ester or olefin group, example 3 of Liu teaches a water-soluble binder comprised of a methacrylonitrile, acrylamide and acrylic acid monomers [Liu, 0144], therefore, not comprising an ester or olefin group, and example 4 of Liu teaches a water-soluble binder comprised of methacrylonitrile, acrylamide, and acrylic acid monomers [Liu, 0152]. Example 5 of Liu teaches a water soluble binder comprised of a methacrylonitrile, acrylamide and acrylic acid monomer [Liu, 0159].
Liu and Okada are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, to replace the binder of Okada with the binder of Liu because such modification would result in a binder with low electrolyte swelling, and high intrinsic viscosity [Liu, 0102], further, it is well-known in the art to use aqueous binders in a positive electrode/cathode slurry, therefore, a simple substitution of one known element for another to obtain predictable results supports prima facie obviousness determination (MPEP 2143, I, B).
While modified Okada does not explicitly teach the solubility ratio of the lithium compound to be greater than or equal to 1, the solubility of one of the lithium compounds listed above, such as lithium acetate, according to the chemical book, is 40.8 g/100 mL, and another such as lithium hydroxide, also according to the chemical book, has a solubility in water of 71 g/100 mL.
Moreover, according to MPEP 2112.01, Part II, "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Therefore, it would be obvious for the lithium compounds taught by Okada, comprising the same compounds as the instant specification, to have a solubility ratio greater than or equal to 1.
Regarding Claim 3, modified Okada teaches the cathode slurry of claim 1, but is silent to teach on the decomposition voltage of the lithium compound is from 3.0 V to 5.0 V and the concentration of the lithium compound in the slurry is from 0.005 M to about 2.0 M
While modified Okada does not explicitly teach the decomposition voltage of the lithium compound is from 3.0 V to 5.0 V, Okada teaches a method for producing a lithium ion secondary battery by carrying out constant voltage charging after having reached a set voltage of 4.2 V or higher to decompose a lithium compound other than the positive electrode active material layer [Okada, 0093]. Further, the lithium compound of Okada is selected from lithium carbonate, lithium oxide, lithium hydroxide, lithium formate, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, lithium sulfate, lithium sulfite, lithium phosphate and lithium oxalate [Okada, 0138], wherein according to the instant specification, the lithium compound is selected from the group including lithium carbonate, lithium hydroxide, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, and lithium sulfate [instant specification, 0092]. Therefore, based on MPEP 2112.01, Part II, "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Thus, the lithium compound of modified Okada should have a decomposition voltage from about 3.0 V to about 5.0 V.
While modified Okada does not explicitly teach the concentration of the lithium compound in the slurry is from 0.005 M to about 2.0 M, Okada teaches the concentration of the lithium compound other than the positive electrode active material in the active material layer is 0.1 wt% to 10 wt% [Okada, 0026], by modifying the amount of lithium compound within the positive electrode active material layer, it is possible to improve the high-load charge/discharge cycle characteristics because the lithium compound remains in a significant amount, while increasing the energy density of the lithium ion secondary battery [Okada, 0140]. Therefore, it would be obvious to modify the concentration of the lithium compound within the slurry to be 0.005 M to about 2.0 M to obtain a high energy density of the battery and maintain a high-load charge/discharge cycle characteristics, further, according to MPEP 2144.05(II)(A), “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 5, modified Okada teaches the cathode slurry of claim 1, wherein a slurry-like coating of the positive electrode active material can be prepared by dispersing or dissolving the positive electrode active material, a lithium compounds other than the positive electrode active material, and other optional components in water or an organic solvent [Okada, 0260].
Regarding Claim 11, modified Okada teaches the cathode slurry of claim 1, and example 1 of the water-soluble binder of Liu includes 55 parts of formula 1, corresponding to structural unit a of the claim, comprises a monomer of acrylic acid [Liu, 0130], but is silent to teach on the proportion of structural unit a being between 15% to about 80% by mole.
While modified Okada does not explicitly teach the proportion of structural unit a being between 15% to about 80% by mole, Liu teaches example 1 of the water-soluble binder includes 55 parts of formula 1, corresponding to structural unit a of the claim, comprises a monomer of acrylic acid [Liu, 0130], and the mass percent of the monomer of formula 1 is between 5% to 75% [Liu, 0054]. Further, when the mass proportion of formula 1 is less than 5% the bonding strength is low and when the mass % is greater than 75%, it affects the water solubility [Liu, 0058]. Therefore, it would be obvious to optimize the proportion of formula 1 to be within the proportion of 15% to about 80% by mole to achieve the most desirable results and maintain a high bonding strength and water solubility [Liu, 0058]. Further, according to MPEP 2144.05(II)(A), “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 19, modified Okada teaches the cathode slurry of claim 1, and example 1 of the water-soluble binder of Liu includes 5 parts of formula 2, corresponding to structural unit b of the claim, monomer N,N-diethylacrylamide [Liu, 0130], further the monomer of formula 2 includes: N,N-diethylacrylamide, acrylamide, or 2-acrylamide-2 phenylethanesulfonic acid [Liu, 0066], but is silent to teach on the proportion of structural unit b being between 5% to about 35% by mole.
While modified Okada does not explicitly teach the proportion of structural unit b being between 5% to about 35% by mole, Liu teaches example 1 includes 5 parts of formula 2, corresponding to structural unit b of the claim, monomer N,N-diethylacrylamide [Liu, 0130], and the mass percent of formula 2 is 1% to 35% [Liu, 0054]. Further, when the mass ratio of monomers in formula 2 is less than 1% the flexibility of the adhesive deteriorates and when its greater than 35%, the water solubility of the adhesive deteriorates [Liu, 0065]. Therefore, it would be obvious to optimize the proportion of formula 2 to be within the proportion of 5% to about 35% by mole to achieve the most desirable results and maintain a flexible adhesive and water solubility of the adhesive [Liu, 0065]. Further, according to MPEP 2144.05(II)(A), “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 22, modified Okada teaches the cathode slurry of claim 1, and example 1 of the water-soluble binder of Liu includes 40 parts of formular 3 monomer of acrylonitrile [Liu, 0130], corresponding to structural unit c of the claim, but is silent to teach on the proportion of structural unit c being between 15% to about 75% by mole.
While modified Okada does not explicitly teach the proportion of structural unit c being between 15% to about 75% by mole, Liu teaches example 1 includes 40 parts of formular 3 monomer of acrylonitrile [Liu, 0130], corresponding to structural unit c of the claim, and the mass percent of formula 3 is 10% to 55% [Liu, 0072]. Further, when the mass ratio of monomers in formula 3 is less than 10% the adhesive cannot be dissolved in water and when its greater than 55%, the adhesive’s flexibility deteriorates [Liu, 0070]. Therefore, it would be obvious to optimize the proportion of formula 2 to be within the proportion of 10% to about 55% by mole to achieve the most desirable results and adhesive that can be dissolved and flexibility of the adhesive [Liu, 0070]. Further, according to MPEP 2144.05(II)(A), “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 24, modified Okada teaches the cathode slurry of claim 1, wherein the amount of binder used is based on 100 parts by weight of the positive electrode active material, and is preferably 1 part by weight to 30 parts by weight [Okada, 0151], corresponding to about 1% to 30% by weight. Further, the positive electrode slurry has a solid content concentration of 45 wt% [Okada, 0417].
Moreover, according to MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.1990).
Regarding Claim 25, modified Okada teaches the cathode slurry of claim 1, wherein the positive electrode active material layer may include optional components, such as a conductive filler [Okada, 0149], wherein the conductive filler can include, but is not limited to, acetylene black, ketjen black, vapor-grown carbon fibers, graphite, carbon nanotubes and mixtures thereof [Okada, 0150].
Regarding Claim 26, modified Okada teaches the cathode slurry of claim 1, wherein the amount of conductive filler used is based on 100 parts by weight of the positive electrode active material and is preferably greater than 0 parts to 30 parts by weight [Okada, 0150], corresponding to about 0% to 30% by weight.
Moreover, according to MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.1990).
Regarding Claim 28, Okada teaches a lithium ion secondary battery which contains a positive electrode active material and a lithium compound other than the positive electrode active material [Okada, 0016 & 0017]and the positive electrode active material layer may include other components including a binder [Okada, 0114], wherein a slurry-like coating solution can be prepared by dispersing/dissolving the positive electrode active material, the lithium compound and other optional components, such as a binder, in water or an organic solvent [Okada, 0260]. The lithium compound is selected from lithium carbonate, lithium oxide, lithium hydroxide, lithium formate, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, lithium sulfate, lithium sulfite, lithium phosphate and lithium oxalate [Okada, 0138], wherein according to the instant specification, the lithium compound is selected from the group including lithium carbonate, lithium hydroxide, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, and lithium sulfate [instant specification, 0092], therefore meets the requirements of the chemical formula [A+]aB-a , wherein Li+ is the cation and an integer from 1 to 10, wherein Ba- is an oxidizable anion, and according to the solubility rules of chemistry, group 1 element salts, such as lithium, Li+, are soluble in water. However, Okada is silent to teach on the polymeric binder comprising a structural unit a, b, or c or the polymeric binder not comprising a structural unit derived from an ester group-containing monomer nor an olefin.
Liu teaches a water-soluble adhesive for lithium ion batters, comprising a monomer of formula 1, a monomer of formula 2 and a monomer of formula 3 [Liu, 0007], wherein the monomer of formula 1 is an acrylic acid, methacrylonitrile or acrylonitrile [Liu, 0019], corresponding to structural unit a and/or c of the claim, wherein according to the instant specification, structural unit c can include an nitrile group-containing monomer such as acrylonitrile and methacrylonitrile and others [instant specification, 0138], and according to the instant specification, structural unit a can include a carboxylic acid group-containing monomer such as acrylic acid, and methacrylic acid and others [instant specification, 0124].
The monomer of formula 2 is N,N-dimethylacrylamide, acrylamide, or 2-acrylamide-2-phenylethanesulfonic acid [Liu, 0019], corresponding to structural unit b of the claim, wherein according to the instant specification, structural unit b can include an amide group-containing monomer such as N,N-dimethylacrylamide, acrylamide and others [instant specification, 0133]. The monomer of formula 3 is acrylonitrile sodium acrylate, acrylic acid or methacrylic acid [Liu, 0019], corresponding to structural unit a and/or c of the claim, wherein according to the instant specification, structural unit a can include a carboxylic acid group-containing monomer such as acrylic acid, and methacrylic acid and others [instant specification, 0124], and according to the instant specification, structural unit c can include an nitrile group-containing monomer such as acrylonitrile and methacrylonitrile and others [instant specification, 0138]. Further example 1 of Liu teaches a water-soluble binder comprised of acrylic acid, N,N-dimethylacrylamide and acrylonitrile monomers [Liu, 0130], therefore, not comprising an ester or olefin group, example 3 of Liu teaches a water-soluble binder comprised of a methacrylonitrile, acrylamide and acrylic acid monomers [Liu, 0144], therefore, not comprising an ester or olefin group, and example 4 of Liu teaches a water-soluble binder comprised of methacrylonitrile, acrylamide, and acrylic acid monomers [Liu, 0152]. Example 5 of Liu teaches a water soluble binder comprised of a methacrylonitrile, acrylamide and acrylic acid monomer [Liu, 0159].
Liu and Okada are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, to replace the binder of Okada with the binder of Liu because such modification would result in a binder with low electrolyte swelling, and high intrinsic viscosity [Liu, 0102], further, it is well-known in the art to use aqueous binders in a positive electrode/cathode slurry, therefore, a simple substitution of one known element for another to obtain predictable results supports prima facie obviousness determination (MPEP 2143, I, B).
Regarding Claim 29, modified Okada teaches the cathode slurry of claim 28, wherein the lithium compound, may be present on the surface of the positive electrode active material layer [Okada, 0100], but is silent to teach on the decomposition voltage of the lithium compound is from 3.0 V to 5.0 V, or the ratio of average cathode active material diameter to average lithium compound grain length is from 100:1 to 1:1.
While modified Okada does not explicitly teach the decomposition voltage of the lithium compound is from 3.0 V to 5.0 V, Okada teaches a method for producing a lithium ion secondary battery by carrying out constant voltage charging after having reached a set voltage of 4.2 V or higher to decompose a lithium compound other than the positive electrode active material layer [Okada, 0093]. Further, the lithium compound of Okada is selected from lithium carbonate, lithium oxide, lithium hydroxide, lithium formate, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, lithium sulfate, lithium sulfite, lithium phosphate and lithium oxalate [Okada, 0138], wherein according to the instant specification, the lithium compound is selected from the group including lithium carbonate, lithium hydroxide, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, and lithium sulfate [instant specification, 0092]. Therefore, based on MPEP 2112.01, Part II, "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Thus, the lithium compound of modified Okada should have a decomposition voltage from about 3.0 V to about 5.0 V.
While modified Okada does not explicitly teach the ratio of average cathode active material diameter to average lithium compound grain length is from 100:1 to 1:1. Okada teaches the mean particle diameter of the positive electrode active material is preferably 1 to 20 μm [Okada, 0128] and a mean particle diameter of the lithium compound is about 0.1 to 10 μm [Okada, 0139], wherein according to the instant specification, the cathode slurry has a particles size D50 in the range from about 0.1 to about 20 μm [instant specification, 0187]. Further, by optimizing the mean particle diameter of the positive electrode active material it is easier to accommodate high-speed charging and discharging [Okada, 0128], and by optimizing the mean particle diameter of the lithium compound it is possible to inhibit characteristic deterioration and generation of gas caused by high-temperature storage and efficient carry out the adsorption of fluorine atoms generated during high-load charge/discharge [Okada, 0139]. Therefore, it would be obvious to optimize the ratio of average cathode active material diameter to average lithium compound grain length through routine experimentation to be within the claimed range of 100:1 to 1:1, such is a result-effective variable that would inhibit characteristic deterioration and generation of gas caused by high-temperature storage and efficient carry out the adsorption of fluorine atoms generated during high-load charge/discharge [Okada, 0139]. Further, according to MPEP 2144.05(II)(A), “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al, WO 2020017515 A1 (referencing US 20200287234 A1 for citation) and Liu et al, CN 111139002 A (English translation provided for citation), as applied to claim 1 of the claim, in further view of Ho, Kam Piu et al, US 20190157681 A1 (already on the record).
Regarding Claim 6, modified Okada teaches the cathode slurry of claim 1, but is silent to teach on a major or minor component of the solvent, the proportion of water in the aqueous solvent, or what components the minor solvent may be.
Ho teaches a cathode slurry for a lithium ion battery, wherein the solvent used in the slurry contains water as the major component and a volatile solvent as a minor component. The amount of water is at least 50% or at most 95% to the total amount of water and solvents other than water [Ho, 0070]. Some non-limiting examples of solvents for the minor component are: alcohols, lower aliphatic ketones, lower alkyl acetates and combinations thereof. Examples of the non-limiting solvents include:C1-C4 alcohols, such as methanol, ethanol, isopropanol, n-propanol, butanol, acetone, dimethyl ketone, and methyl ethyl ketone, ethyl acetate, isopropyl acetate, and propyl acetate [Ho, 0071], wherein according to the instant specification, the aqueous solvent is a solution containing water as a major component, in the amounts of 51% to about 100% [instant specification, 0085], and further contains a minor component including C1-C4 alcohols, such as methanol, ethanol, isopropanol, n-propanol, butanol, and ketones including acetone, dimethyl ketone, and methyl ethyl ketone and some lower alkyl acetates such as ethyl acetate (EA), isopropyl acetate, and propyl acetate [instant specification, 0087].
Ho and modified Okada are considered analogous arts in the area of batteries.
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application, to modify Okada to include the amount of water taught by Ho because such modification would result in a compound less expensive and will less restrictive and complicated handling [Ho, 0074].
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application, to modify Okada to include the solvent for the minor components as taught by Ho because such modification result in reduced emission of volatile organic compounds and increase processing efficiency [Ho, 0070].
Regarding Claim 7, modified Okada teaches the cathode slurry of claim 1, wherein the positive electrode active material contains a transition metal oxide capable of occluding and releasing lithium ions and contains Ni atoms [Okada, 0117], some examples include: LixNiO2, LixNiyM(1-y)O2, wherein M is at least one of Co, Mn, Fe, Mg, and Ti, and y satisfies 0.05 <y< 0.97, LixNi1/3Co1/3Mn1/3O2, LixMnO2, α-LixFeO2, LixNiaCobAl(1-a-b)O2, wherein a and b independently satisfy 0.05 <a< 0.97 and 0.05 <b< 0.97, and LixNicCodMn(1-c-d)O2, wherein c and d independently satisfy 0.05 <c< 0.97 and 0.05 <d< 0.97 [Okada, 0119], and may also include LixVO2, LixCrO2, LixFePO4, LixMn2O4, LixMyMn(2-y)O4, wherein M is at least one atom including Co, Mn, Al, Fe, Mg, and Ti and y satisfies 0.05 <y< 0.97 and x satisfies 0 ≤x≤ 1) and Li2MnO3-LiMO2, wherein M is at least one atom including Co, Mn, Al, Fe, Mg and Ti [Okada, 0121]. The content ratio of the positive electrode active material based on the total weight of the positive electrode active material layer is preferably 35 wt% to 95 wt% [Okada, 0131]. However, modified Okada is silent to teach on the cathode active material layer being doped with a dopant selected from Fe, Ni, Mn, Al, Mg, Zn, Ti, La, Ce, Sn, Zr, Ru, Si, Ge or combinations thereof.
Moreover, according to MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.1990).
Ho teaches the cathode active material is doped with a dopant selected from the group consisting of: Fe, Ni, Mn, Al, Mg, Zn, Ti, La, Ce, Sn, Zr, Ru, Si, Ge, and combinations thereof [Ho, 0047].
Ho and modified Okada are considered analogous arts in the area of batteries.
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application, to modify Okada to include the dopant elements taught by Ho because it is well-known to dope active materials with elements to use in electrochemically active materials in electrode. Further, a simple substitution of one known element for another to obtain predictable results supports prima facie obviousness determination (MPEP 2143, I, B).
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al, WO 2020017515 A1 (referencing US 20200287234 A1 for citation) and Liu et al, CN 111139002 A (English translation provided for citation), as applied to claim 1 of the claim, in further view of Ahmed, Iqbal, US 5523367 A.
Regarding Claim 14, modified Okada teaches the cathode slurry of claim 1, but is silent to teach on the sulfonic acid group containing monomer.
Ahmed teaches a polymer which is highly absorbent to water or aqueous solutions [Ahmed, column 1, lines 48-49], wherein the polymer includes an ampholytic monomer including sulfonic acids [Ahmed, column 2, lines 55-66], and the sulfonic acids include: 2-acrylamido-2-methylpropane sulfonic acid, 2-acrylamido-2-methylpropane sulfonic acid, 2-methacryloyloxyethane sulfonic acid, 2-methacryloyloxyethane sulfonic acid, styrene sulfonic acid [Ahmed, column 7, lines 24-41].
Ahmed and modified Okada are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to modify Okada to include the sulfonic acids as taught by Ahmed because such modification would control the degree of hydrolysis and/or neutralization [Ahmed, column, 8, lines 52-56].
Regarding Claim 16, modified Okada teaches the cathode slurry of claim 1, but is silent to teach on the phosphonic acid group-containing monomer.
Ahmed teaches a polymer which is highly absorbent to water or aqueous solutions [Ahmed, column 1, lines 48-49], wherein the polymer includes an ampholytic monomer including phosphonic [Ahmed, column 2, lines 55-66], and the phosphonic acids include: acryloylphosphonic acid, methacryloylphosphonic acid, alkali metal salts of acryloylphosphonic acid, alkali metals salts of methacryloylphosphonic acid, 2-methacryloyloxyethyltrimethylphosphonic acid, 2-acrylamido-2-methylpropane phosphonic acid, alkali metal salts of 2-acrylamido-2-methylpropane phosphonic acid, 2-methacryloyloxyethane phosphonic acid, alkali metal salts of 2-methacryloyloxyethane phosphonic acid, 2-methacryloyloxyethyldiethylphosphonic acid, 3-methacrylamidopropyldimethylphosphonic acid, styrene phosphonic acid, alkali metal salts of styrene phosphonic acid, and combinations of two or more thereof [Ahmed, column 5, lines 52-63].
Ahmed and modified Okada are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to modify Okada to include the sulfonic acids as taught by Ahmed because such modification would control the degree of hydrolysis and/or neutralization [Ahmed, column, 8, lines 52-56].
Claims 1 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al, WO 2020017515 A1 (referencing US 20200287234 A1 for citation) and Iketani et al, JP 2018006333 A (English translation provided for citation).
Regarding Claim 1, Okada teaches a lithium ion secondary battery which contains a positive electrode active material and a lithium compound other than the positive electrode active material [Okada, 0016 & 0017]and the positive electrode active material layer may include other components including a binder [Okada, 0114], wherein a slurry-like coating solution can be prepared by dispersing/dissolving the positive electrode active material, the lithium compound and other optional components, such as a binder, in water or an organic solvent [Okada, 0260]. The lithium compound is selected from lithium carbonate, lithium oxide, lithium hydroxide, lithium formate, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, lithium sulfate, lithium sulfite, lithium phosphate and lithium oxalate [Okada, 0138], wherein according to the instant specification, the lithium compound is selected from the group including lithium carbonate, lithium hydroxide, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, and lithium sulfate [instant specification, 0092], therefore meets the requirements of the chemical formula [A+]aB-a , wherein Li+ is the cation and an integer from 1 to 10, wherein Ba- is an oxidizable anion, and according to the solubility rules of chemistry, group 1 element salts, such as lithium, Li+, are soluble in water. However, Okada is silent to teach on the polymeric binder comprising a structural unit a, b, or c or the polymeric binder not comprising a structural unit derived from an ester group-containing monomer nor an olefin.
Iketani teaches an aqueous binder solution for a lithium ion battery positive electrode [Iketani, 0013], wherein the binder contains component A, component B [Iketani, 0015], and may further comprise component C [Ikentani, 0024]. Table 1 depicts examples of the aqueous binder solution, wherein Example 5 depicts a binder solution comprising acrylamide and N-methylolacrylamide, corresponding to structural unit b of the claim, wherein according to the instant specification, structural unit b can include acrylamide, N-methylacrylamide and others [instant specification, 0133], vinylsulfonic [Iketani, 0074], corresponding to structural unit a wherein according to the instant specification [instant specification, 0126] of the claim, and acrylonitrile, corresponding to structural unit c of the claim, wherein according to the instant specification, structural unit c can include an nitrile group-containing monomer such as acrylonitrile and others [instant specification, 0138], therefore, does not include an ester-containing group nor an olefin as required by the claim.
Iketani and Okada are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, to replace the binder of Okada with the binder of Iketani because such modification would result in a lithium ion battery positive electrode that can sufficiently improve the output characteristics and cycle characteristics of lithium ion batteries, further, it is well-known in the art to use aqueous binders in a positive electrode/cathode slurry, therefore, a simple substitution of one known element for another to obtain predictable results supports prima facie obviousness determination (MPEP 2143, I, B).
While modified Okada does not explicitly teach the solubility ratio of the lithium compound to be greater than or equal to 1, the solubility of one of the lithium compounds listed above, such as lithium acetate, according to the chemical book, is 40.8 g/100 mL, and another such as lithium hydroxide, also according to the chemical book, has a solubility in water of 71 g/100 mL.
Moreover, according to MPEP 2112.01, Part II, "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Therefore, it would be obvious for the lithium compounds taught by Okada, comprising the same compounds as the instant specification, to have a solubility ratio greater than or equal to 1.
Regarding Claim 28, Okada teaches a lithium ion secondary battery which contains a positive electrode active material and a lithium compound other than the positive electrode active material [Okada, 0016 & 0017]and the positive electrode active material layer may include other components including a binder [Okada, 0114], wherein a slurry-like coating solution can be prepared by dispersing/dissolving the positive electrode active material, the lithium compound and other optional components, such as a binder, in water or an organic solvent [Okada, 0260]. The lithium compound is selected from lithium carbonate, lithium oxide, lithium hydroxide, lithium formate, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, lithium sulfate, lithium sulfite, lithium phosphate and lithium oxalate [Okada, 0138], wherein according to the instant specification, the lithium compound is selected from the group including lithium carbonate, lithium hydroxide, lithium acetate, lithium fluoride, lithium chloride, lithium bromide, lithium iodide, lithium nitrate, and lithium sulfate [instant specification, 0092], therefore meets the requirements of the chemical formula [A+]aB-a , wherein Li+ is the cation and an integer from 1 to 10, wherein Ba- is an oxidizable anion, and according to the solubility rules of chemistry, group 1 element salts, such as lithium, Li+, are soluble in water. However, Okada is silent to teach on the polymeric binder comprising a structural unit a, b, or c or the polymeric binder not comprising a structural unit derived from an ester group-containing monomer nor an olefin.
Iketani teaches an aqueous binder solution for a lithium ion battery positive electrode [Iketani, 0013], wherein the binder contains component A, component B [Iketani, 0015], and may further comprise component C [Ikentani, 0024]. Table 1 depicts examples of the aqueous binder solution, wherein Example 5 depicts a binder solution comprising acrylamide and N-methylolacrylamide, corresponding to structural unit b of the claim, wherein according to the instant specification, structural unit b can include acrylamide, N-methylacrylamide and others [instant specification, 0133], vinylsulfonic [Iketani, 0074], corresponding to structural unit a wherein according to the instant specification [instant specification, 0126] of the claim, and acrylonitrile, corresponding to structural unit c of the claim, wherein according to the instant specification, structural unit c can include an nitrile group-containing monomer such as acrylonitrile and others [instant specification, 0138], therefore, does not include an ester-containing group nor an olefin as required by the claim.
Iketani and Okada are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, to replace the binder of Okada with the binder of Iketani because such modification would result in a lithium ion battery positive electrode that can sufficiently improve the output characteristics and cycle characteristics of lithium ion batteries, further, it is well-known in the art to use aqueous binders in a positive electrode/cathode slurry, therefore, a simple substitution of one known element for another to obtain predictable results supports prima facie obviousness determination (MPEP 2143, I, B).
Conclusion
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/LILIAN ALICE ODOM/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722