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 .
Response to Amendment
The amendment filed on 03/24/2026 does not place the application in condition for allowance.
In view of the amendment to claim 1 and 16, the rejection under 35 U.S.C. 103 of claims 1-9 and 11-20 has been withdrawn.
New analysis follows.
Response to Arguments
Applicant’s arguments with respect to Kitagawa have been considered but are moot because the new ground of rejection does not rely on this reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In response to applicant’s argument regarding claims 6 and 8, the previous office action relied on the rejection of claim 1 which clearly included Asano and Kang which taught the limitations of the previous claim 1. The rejection of claim 1 under Kang has now been withdrawn and new analysis applied to all the claims including claims 6 and 8.
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.
Claims 1-5, 7 and 9, 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Asano (US20030158310A1), in view of Kang2 (US20120183848A1).
Regarding claim 1, Asano discloses an electrode for a secondary battery (¶[0064]), comprising an electrode layer coated on the surface of a current collector, (see electrode constituent paste), wherein the electrode layer comprises an electrode active material, a binder, and an additive (¶[0073], i.e. surfactant in fluoropolymer dispersion), wherein the additive satisfies general formula (1) (claim 2, see nonionic surfactant and formula 1).
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but does not disclose wherein the binder comprises a copolymer, wherein said copolymer comprises a structural unit derived from a carboxylic acid group-containing monomer, a structural unit derived from amide-containing monomer, and a structural unit derived from a nitrile-containing monomer, and wherein the binder also does not contain structural units derived from monomers with functional groups comprising a halogen or derived from conjugated dienes.
Kang2, related to electrode compositions, teaches an active material and a binder(¶[0069]) wherein the binder comprises a copolymer, wherein said copolymer comprises a structural unit derived from a carboxylic acid group-containing monomer(acrylic acid), a structural unit derived from amide-containing monomer(acryl amide), and a structural unit derived from a nitrile-containing monomer(acrylonitrile)(¶[0064], example 3), wherein the binder does not contain structural units derived from monomers with functional groups comprising a halogen or conjugated diene (see remaining elements of example 3 copolymer do not contain a halogen or a conjugated diene).
One having ordinary skill in the art would recognize adding the binder of Kang2 to the electrode of Asano would provide excellent binding strength and improved cycle properties (¶[0013]).
Therefore, it would have been obvious to has used the binder of Kang2 to provide excellent binding strength and improved cycle properties.
Regarding claim 2, modified Asano discloses an electrode according to claim 1 and Asano further discloses wherein the additive has a chain length where p is an integer from 0 to 400, q is an integer from 1 to 400, r is an integer from 0 to 400 and within this range the number-average molecular weight is in the range of 1,000 to 5,000 g/mol and a hydrophile-lipophile balance number from about 3 to about 13 (¶[0015]-[0018]).
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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP §2144.05.
Regarding claim 3 and 4, modified Asano discloses an electrode according to claim 1 and Asano further discloses wherein a and c (in this case p and r) are independently from about 2 to about 130 (¶[0015]-[0018]), b (in this case q) is from about 10 to about 70, and also where a and c are the same (¶[0015]-[0018]) see p is an integer from 0 to 400, q is an integer from 1 to 400, r is an integer from 0 to 400).
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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP §2144.05.
Regarding claim 5, modified Asano discloses an electrode according to claim 1 and Asano further discloses the length of the polymer chain p and r is directly related to the mass of the proportion of each of the repeating units α and y is independently from about 1% to about 40% by weight, based on the total weight of the additive with the range of p is an integer from 0 to 400, q is an integer from 1 to 400, r is an integer from 0 to 400 (¶[0015]-[0018]).
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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP §2144.05.
Regarding claim 7, modified Asano discloses an electrode according to claim 1 and Asano further discloses wherein the electrode active material is a cathode active material selected from the group consisting of lithium cobaltate (LiCoO2)(¶[0075]) and lithium manganese oxides (¶[0063]).
Regarding claim 9, modified Asano discloses an electrode according to claim 1 and Asano further discloses wherein the electrode active material is an anode active material of synthetic graphite particulate (manmade graphite, ¶[0075]).
Regarding claim 11 and 12, modified Asano discloses an electrode according to claim 1 and Kang2 additionally teaches wherein the proportion of structural units derived from monomer (c) which contains a carboxylic acid-group containing monomer and an amide containing monomer (¶[0014]) is present from 1% to 20% by weight(¶[0016]) and monomer (b) may be a nitrile containing monomer(¶[0020]) present from 1% to 60% by weight(¶[0016]), based on the total monomeric units in the binder. The molecular weights of the suggested monomers, such as those in example 3, are similar enough to each other that the weight percentages lead to overlapping ranges of the required mole % limitations of claims 11 and 12.
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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP §2144.05.
Regarding claim 13, Asano discloses an electrode according to claim 1 and Asano further discloses a conductive agent that is selected from the group consisting of carbon, carbon black (acetylene black), and graphite (¶[0063]).
Regarding claim 14, Asano discloses an electrode according to claim 1 and further discloses wherein the proportion of the additive in the electrode layer is from about 0.1% to about 5% by weight, based on the total weight of the electrode layer (¶[0058]).
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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP §2144.05.
Regarding claim 15, Asano discloses an electrode according to claim 1 and Asano further discloses wherein the amount of conductive agent in the electrode layer is independently from about 0.5% to about 5% by weight, based on the total weight of the electrode layer (¶[0075]) and Kang2 further teaches the binder may be 2% of the total mass (¶[0069]).
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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP §2144.05.
Regarding claims 16 and 17, Asano discloses an electrode for an electrode slurry (¶[0064, see electrode constituent paste), coated on the surface of a current collector wherein the electrode slurry comprises an electrode active material, a binder, a solvent (i.e. water, see aqueous solution, ¶[0064]), and an additive (¶[0073], i.e. surfactant in fluoropolymer dispersion), wherein the additive satisfies general formula (1) (claim 2, see nonionic surfactant and formula 1).
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but does not disclose wherein the binder comprises a copolymer, wherein said copolymer comprises one or more hydrophilic structural units, and wherein the binder does not contain structural units derived from monomers with functional groups comprising a halogen or a conjugated diene.
Kang2, related to electrode compositions, teaches an active material and a binder(¶[0069]) wherein the binder comprises a copolymer, wherein said copolymer comprises a structural unit derived from a carboxylic acid group-containing monomer(acrylic acid), a structural unit derived from amide-containing monomer(acryl amide), and a structural unit derived from a nitrile-containing monomer(acrylonitrile)(¶[0064], example 3), wherein the binder does not contain structural units derived from monomers with functional groups comprising a halogen or conjugated diene (see remaining elements of example 3 copolymer do not contain a halogen or a conjugated diene).
One having ordinary skill in the art would recognize adding the binder of Kang2 to the electrode of Asano would provide excellent binding strength and improved cycle properties (¶[0013]).
Therefore, it would have been obvious to has used the binder of Kang2 to provide excellent binding strength and improved cycle properties.
Regarding claim 18, modified Asano discloses an electrode slurry according to claim 16 Asano and further discloses wherein the proportion of the additive in the electrode layer is from about 0.1% to about 5% by weight, based on the total weight of the electrode layer (¶[0058]).
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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP §2144.05.
Regarding claim 19, modified Asano discloses an electrode according to claim 1 and further discloses wherein the amount of the electrode active material in the electrode slurry is from about 20% to about 80% by weight, based on the total weight of the electrode slurry (92 weight parts lithium cobaltate, ¶[0075]).
Regarding claim 20, Asano discloses a secondary battery (¶[0081]-[0082], button cells and cycles) comprising an electrode according to claim 1.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Asano (US20030158310A1) , in view of Kang2 (US20120183848A1) as applied to claim 1 above, and further in view of Kim (US20200028177A1).
Regarding claim 6, modified Asano discloses an electrode according to claim 1 but does not disclose wherein the thickness of the electrode layer on the current collector is from about 5 μm to about 120 μm, and wherein the surface density of the electrode layer on the current collector is from about 1 mg/cm2 to about 60 mg/cm2.
Kim, related to a secondary battery electrode, teaches the thickness of a LiCoO2 active material layer is 116 µm and the density of 4.3 g/cc. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, it would have been obvious to have a thickness of 116 µm and the density of 4.3 g/cc on the electrode of Asano.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Asano (US20030158310A1) , in view of Kang2 (US20120183848A1) as applied to claim 1 above, and further in view of Sharma (US20160211507A1).
Regarding claim 8, modified Asano discloses an electrode according to claim 1 but does not disclose wherein the electrode active material is a cathode active material that comprises or is a core-shell composite comprising a core and a shell.
Sharma, related to electrode active materials, teaches an positive electrode active material comprising a core and a shell (coating layer, ¶[0051]) which the core is LiCoO2 and the shell is a lithium manganese nickel cobalt oxide (LMNCO) of the formula LiNi0.333Co0.333Mn0.333O2 (Fig. 7) providing improved cycling and improved battery design (abstract of Sharma).
Therefore it would have been obvious to supply the cathode active material of Sharma to the electrode of Asano to improve cycling and battery design.
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 KAREN J. ARMSTRONG whose telephone number is (703)756-1243. The examiner can normally be reached Monday-Friday 10 am-6 pm EST.
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/K.J.A./Examiner, Art Unit 1726 /RYAN S CANNON/Primary Examiner, Art Unit 1726
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