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 .
Status of Claims
The Applicant’s amendment and arguments, filed 11/04/2025, has been entered. Claim 1 is amended; claims 2, 4-12, and 18-20 stand as originally or previously presented; claims 3 and 21 are cancelled; and claims 13-17 are withdrawn. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 08/20/2025 has been withdrawn. Amended and new grounds of rejections under 35 U.S.C. 103 citing to the newly found art are set forth below as necessitated by the claim amendments.
Claim Objections
Claim 1 is objected to because of the following informalities: Although Claim 1 has been amended, the status of Claim 1 is shown as “original”. See MPEP 714.
Appropriate correction is required.
MPEP 714; 37 CFR 1.121 (c): Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered)."
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.
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(s) 1-2, 4-12, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyauchi et al. (US 20150187516 A1, hereinafter Miyauchi).
Regarding Claim 1, Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), comprising
a (co)polymer having a glass transition temperature of -60 °C to 0 °C (Miyauchi, it is preferable that the polymer (A) have only one endothermic peak within the temperature range of -40 to +25 °C, and when the polymer (A) has only one endothermic peak within the above temperature range when subjected to DSC, the polymer (A) exhibits excellent adhesion, and can provide the active material layer with more excellent flexibility and adhesion, [0089]; the disclosed range -40 to +25 °C overlaps the claimed range of -60 °C to 0 °C).
With respect to the limitations:
a storage modulus of 100 MPa or more measured at 100 °C, and a ratio of the storage modulus measured at 100 °C to a storage modulus measured at the glass transition temperature of 10% more (Claim 1)
the storage modulus is measured by applying a shear strain with a frequency of 1 Hz and a strain amplitude of 0.1% to a film having a thickness of 2 mm or less including the (co)polymer within a temperature range of -60 to 100 °C and raising the temperature at a heating rate of 5 °C/min (Claim 2);
the binder for the anode has a maximum peak temperature (Tp) of viscoelastic loss factor (tanσ) of 0 °C or lower, when a viscoelastic behavior is measured against dynamic deformation of a film having a thickness of 2 mm or less including the (co)polymer while applying a shear strain with a frequency of 1 Hz and a strain amplitude of 0.1% within a temperature range of -60 to 100 °C and raising the temperature at a heating rate of 5 °C/min (Claim 4),
it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited binder composition.
Applicant discloses in Examples 1-5 of Tables 1 and Table 2 that the binder composition is responsible for the storage modulus, since Examples 1-5 all have monomer contents within the claimed range of Claim 5, and all of the Examples 1-5 have a storage modulus of more than 100 MPa at 100 °C. On the contrary, none of the Comparative Examples 1-6 are within the claimed binder composition range, and none of the Comparative Examples have a storage modulus of more than 100 MPa at 100 °C (see Instant Specification Pages 44 and 48).
Accordingly, it is reasonably interpreted that the binder composition is critical to the recited storage modulus such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Miyauchi discloses the binder for the anode of the secondary battery of wherein the (co)polymer comprises, based on a total weight (100 wt%) of the repeating units:
a) 35 to 60 wt% of a first repeating unit derived from an aliphatic conjugated diene-based first monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A1) derived from a conjugated diene compound in an amount of particularly preferably 35 to 48 parts by mass, based on 100 parts by mass of the total repeating units included in the polymer (A), and when the polymer (A) includes the repeating unit (A1) in an amount within the above range, it is possible to easily prepare a binder composition that exhibits excellent viscoelasticity and strength, [0057]; the disclosed range of 35 to 48 parts by mass falls within the claimed range of 35 to 60 wt%);
b) 0.1 to 25 wt% of a second repeating unit derived from an aromatic vinyl-based second monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A2) derived from an aromatic vinyl compound in an amount of 10 to 50 parts by mass, so the resulting active material layer exhibits higher flexibility and adhesion to the collector, [0061]; the disclosed range of 10 to 50 parts by mass overlaps the claimed range of 0.1 to 25 wt%);
c) 10 to 35 wt% of a third repeating unit derived from a nitrile-based third monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A5) derived from an alpha,beta-unsaturated nitrile compound in an amount of 1 to 10 parts by mass, so the polymer (A) exhibits excellent affinity to the electrolyte solution, and exhibits more excellent adhesion and strength, [0071]; the disclosed range of 1 to 10 parts by mass overlaps the claimed range of 10 to 35 wt%); and
d) 15 to 35 wt% of a fourth repeating unit derived from an unsaturated carboxylic acid-based fourth monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A4) derived from an unsaturated carboxylic acid in an amount of preferably 15 to 35 parts by mass, and when the polymer (A) includes the repeating unit (A4) in an amount within the above range, it is possible to improve the binding capability of the active material having a surface polar functional group (e.g., an active material that includes a silicon material), and improve the adhesion between the active material layer and the collector, [0053]; the disclosed range of 15 to 35 parts by mass falls within the claimed range of 15 to 35 wt%).
Miyauchi further discloses that binder composition of Miyauchi allows for the production an electrical storage device electrode that exhibits excellent adhesion and excellent charge-discharge characteristics (Miyauchi, [0034]; the Examiner notes that Miyauchi is also directed towards improving charge-discharge characteristics).
It is submitted that the binder composition of Miyauchi is substantially similar to the instant binder composition such that the binder composition of Miyauchi would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the binder composition of Miyauchi would inherently possess physical properties, e.g. storage modulus, such that the binder composition of Miyauchi would necessarily fulfill the recited limitations, i.e.
a storage modulus of 100 MPa or more measured at 100 °C, and a ratio of the storage modulus measured at 100 °C to a storage modulus measured at the glass transition temperature of 10% more (Claim 1)
the storage modulus is measured by applying a shear strain with a frequency of 1 Hz and a strain amplitude of 0.1% to a film having a thickness of 2 mm or less including the (co)polymer within a temperature range of -60 to 100 °C and raising the temperature at a heating rate of 5 °C/min (Claim 2);
the binder for the anode has a maximum peak temperature (Tp) of viscoelastic loss factor (tanσ) of 0 °C or lower, when a viscoelastic behavior is measured against dynamic deformation of a film having a thickness of 2 mm or less including the (co)polymer while applying a shear strain with a frequency of 1 Hz and a strain amplitude of 0.1% within a temperature range of -60 to 100 °C and raising the temperature at a heating rate of 5 °C/min (Claim 4).
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the instant binder composition. The skilled artisan would reasonably find that the disclosed binder composition of Miyauchi is so similar to the instant binder composition that the prior art binder composition would also exhibit:
a storage modulus of 100 MPa or more measured at 100 °C, and a ratio of the storage modulus measured at 100 °C to a storage modulus measured at the glass transition temperature of 10% more (Claim 1)
the storage modulus is measured by applying a shear strain with a frequency of 1 Hz and a strain amplitude of 0.1% to a film having a thickness of 2 mm or less including the (co)polymer within a temperature range of -60 to 100 °C and raising the temperature at a heating rate of 5 °C/min (Claim 2);
the binder for the anode has a maximum peak temperature (Tp) of viscoelastic loss factor (tanσ) of 0 °C or lower, when a viscoelastic behavior is measured against dynamic deformation of a film having a thickness of 2 mm or less including the (co)polymer while applying a shear strain with a frequency of 1 Hz and a strain amplitude of 0.1% within a temperature range of -60 to 100 °C and raising the temperature at a heating rate of 5 °C/min (Claim 4);
It is further obvious because it would be obvious to optimize, and thus the skilled artisan would arrive at the claimed properties. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to have optimized the weight percentage of each component of the binder composition in order to arrive at a desired adhesion, flexibility, strength of the binder, since the adhesion, flexibility, strength of the binder are directly related to the weight percentage of each component of the binder composition, as recognized by Miyauchi, as noted above (see MPEP 2144.05 (II).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 5, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), the (co)polymer comprises, based on a total weight (100 wt%) of the repeating units:
a) 35 to 60 wt% of a first repeating unit derived from an aliphatic conjugated diene-based first monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A1) derived from a conjugated diene compound in an amount of particularly preferably 35 to 48 parts by mass, based on 100 parts by mass of the total repeating units included in the polymer (A), and when the polymer (A) includes the repeating unit (A1) in an amount within the above range, it is possible to easily prepare a binder composition that exhibits excellent viscoelasticity and strength, [0057]; the disclosed range of 35 to 48 parts by mass falls within the claimed range of 35 to 60 wt%);
b) 0.1 to 25 wt% of a second repeating unit derived from an aromatic vinyl-based second monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A2) derived from an aromatic vinyl compound in an amount of 10 to 50 parts by mass, so the resulting active material layer exhibits higher flexibility and adhesion to the collector, [0061]; the disclosed range of 10 to 50 parts by mass overlaps the claimed range of 0.1 to 25 wt%);
c) 10 to 35 wt% of a third repeating unit derived from a nitrile-based third monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A5) derived from an alpha,beta-unsaturated nitrile compound in an amount of 1 to 10 parts by mass, so the polymer (A) exhibits excellent affinity to the electrolyte solution, and exhibits more excellent adhesion and strength, [0071]; the disclosed range of 1 to 10 parts by mass overlaps the claimed range of 10 to 35 wt%); and
d) 15 to 35 wt% of a fourth repeating unit derived from an unsaturated carboxylic acid-based fourth monomer (Miyauchi, the polymer (A) preferably includes the repeating unit (A4) derived from an unsaturated carboxylic acid in an amount of preferably 15 to 35 parts by mass, and when the polymer (A) includes the repeating unit (A4) in an amount within the above range, it is possible to improve the binding capability of the active material having a surface polar functional group (e.g., an active material that includes a silicon material), and improve the adhesion between the active material layer and the collector, [0053]; the disclosed range of 15 to 35 parts by mass falls within the claimed range of 15 to 35 wt%).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 6, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), wherein the first monomer is at least one selected from the group consisting of 1,3-butadiene, 2-methyl-1,3-butadiene, 2,3-dimethyl-1,3-butadiene (Miyauchi, examples of the conjugated diene compound include 1,3-butadiene, 2-methyl-1,3-butadiene, and 2,3-dimethyl-1,3-butadiene, [0056]).
Regarding Claim 7, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), wherein the second monomer is at least one selected from the group consisting of styrene, a-methylstyrene, chlorostyrene, and divinylbenzene (Miyauchi, specific examples of the aromatic vinyl compound include styrene, alpha-methylstyrene, chlorostyrene, divinylbenzene, and the like, [0060]).
Regarding Claim 8, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), wherein the third monomer is at least one selected from the group consisting of acrylonitrile, methacrylonitrile (Miyauchi, specific examples of the alpha,beta-unsaturated nitrile compound include acrylonitrile, methacrylonitrile, vinylidene cyanide, and the like, [0070]).
Regarding Claim 9, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), wherein the fourth monomer is at least one selected from the group consisting of acrylic acid, methacrylic acid, maleic acid, fumaric acid, itaconic acid, and crotonic acid, (Miyauchi, specific examples of the unsaturated carboxylic acid include monocarboxylic acids and dicarboxylic acids such as acrylic acid, methacrylic acid, crotonic acid, maleic acid, fumaric acid, and itaconic acid, [0052]).
Regarding Claim 10, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), wherein the (co)polymer is in a form of latex particles (Miyauchi, the polymer (A) included in the binder composition according to one embodiment of the invention is polymer particles that are dispersed in the liquid medium (B) (i.e., latex), and the mixture was reacted for 2 hours to obtain a latex, [0039, 0170]) having an average particle diameter of 50 to 500 nm (Miyauchi, the average particle size of the polymer particles (polymer (A)) dispersed in the liquid medium (B) is preferably 50 to 400 nm, [0090]; the disclosed range of 50 to 400 nm falls within the claimed range of 50 to 500 nm).
Regarding Claim 11, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]) further comprising an aqueous solvent (Miyauchi, the liquid medium (B) is preferably an aqueous medium that includes water, [0092]).
Regarding Claim 12, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding a binder for an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), wherein the aqueous solvent is included in an amount of 50 to 1,000 parts by weight based on 100 parts by weight of the (co)polymer (Miyauchi, the content of the liquid medium (including the liquid medium (B) included in the binder composition) in the electrical storage device electrode slurry is preferably selected so that the solid content in the slurry is 30 to 70 mass%, [00128]; the disclosed range of 30 to 70 mass% overlaps the claimed range of 50 to 1,000 parts by weight based on 100 parts by weight of the (co)polymer).
Regarding Claim 18, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding an anode mixture of a secondary battery, comprising the binder for the anode of the secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]), and an anode active material (Miyauchi, negative active material comprising of artificial graphite and graphite-coated silicon oxide powder, [0187]).
Regarding Claim 19, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding the anode mixture of the secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187])
wherein the anode comprises at least one anode active material selected from the group consisting of a carbonaceous material and a silicon compound (Miyauchi, negative active material comprising of artificial graphite and graphite-coated silicon oxide powder, [0187]).
Regarding Claim 20, Miyauchi discloses all of the claim limitations as set forth above. Miyauchi discloses the limitations regarding an anode of a secondary battery (Miyauchi, negative electrode comprising the binder composition, [0187]) comprising an anode mixture layer comprising the anode mixture (Miyauchi, negative active material comprising of artificial graphite and graphite-coated silicon oxide powder, [0187]); and an anode current collector (Miyauchi, the negative electrode slurry was uniformly applied to the surface of a collector formed of copper foil, [0189]).
Response to Arguments
Applicant’s arguments, see Pages 6-8, filed 11/04/2025, with respect to the rejection(s) of claim(s) 1, 2-12, and 18-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Miyauchi et al. (US 20150187516 A1, hereinafter Miyauchi).
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 KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.N./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752