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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 2/2/26. Applicant’s arguments have been considered but are not found persuasive. Claims 1-12 are pending and remain rejected in view of the prior art. This Action is FINAL.
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., US 2021/0175505 A1 in view of Gan et al., US 2002/0136951 A1.
Kim teaches a lithium secondary battery comprising a positive electrode prepared by forming a coating film for forming a positive electrode active material layer on an Al foil using a slurry for forming the positive electrode active material layer, and then heating and drying. The slurry for forming the positive electrode active material layer was prepared by mixing a positive electrode active material, a conductive material, and a binder at a weight ratio of 90:5:5. The positive electrode active material was S/CNT composite (sulfur/carbon), the conductive material was VGCF (vapor grown carbon fiber), and the binder was AD-B02/CMC. AD-B02/CMC is a binder in which two binders, namely AD-B02 (styrene-butadiene rubber binder particle) and CMC (carboxymethyl cellulose) are mixed at a weight ratio of 3.5:1.5 [0095]. Example 6 teaches a lithium-sulfur battery, in the same manner as in Example 1, except that the positive electrode binder was BM451B (binder of present claim 1)/Li-CMC (thickener of present claim 1) instead of AD-B02/CMC. BM451B/Li-CMC is a mixed binder of BM-451B (ZEON) and CMC. BM-451B (ZEON) is an SBR-based binder, and Li-CMC was substituted with a large amount of Li by three-time repetition of the process of acid treatment of Na-CMC with HCl-filtration/neutralization by LiOH [0105]. The slurry includes a solvent that dissolves the binder. The solvent may be water [0049;0053]. See also [0048] regarding the positive electrode active materials.
Kim does not explicitly teach the slurry further includes a succinimide-based compound additive. However, Gan teaches a carbonate compound is mixed with a cathode material prior to contact with the current collector. When electrolyte flows throughout the electrodes, the carbonate additive is dissolved in the electrolyte. The carbonate solute is then able to contact lithium to provide an electrically insulating and ionically conducting passivation layer (abstract). Examples of carbonate additives are shown at [0026-0027]. Other carbonate additives useful with the present invention include benzyl-(N-succinimidyl) carbonate and 4-phenyl-1,3-dioxolan-2-one [0028]. Preferably, the additive is present in a range of about 0.05% to about 5.0%, by weight. The carbonate compound is mixed with the cathode active material. The carbonate compound reacts with the lithiated material of the positive electrode. The thusly formed carbonate salt at the solid electrolyte interface is responsible for improved cycling efficiency in secondary cells [0009]. Gan teaches the cathode active material may comprise a metal sulfide [0016].
Therefore, the invention as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made as the skilled artisan would have been motivated to use the carbonate additive (succinimide-based compound) of the positive electrode of Gan for the positive electrode slurry of Kim to improve cycling efficiency of the secondary battery via formation of a solid electrolyte interface.
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Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., US 2021/0175505 A1 in view of Shizuka JP2001-319657 A.
Kim teaches a lithium secondary battery comprising a positive electrode prepared by forming a coating film for forming a positive electrode active material layer on an Al foil using a slurry for forming the positive electrode active material layer, and then heating and drying. The slurry for forming the positive electrode active material layer was prepared by mixing a positive electrode active material, a conductive material, and a binder at a weight ratio of 90:5:5. The positive electrode active material was S/CNT composite (sulfur/carbon), the conductive material was VGCF (vapor grown carbon fiber), and the binder was AD-B02/CMC. AD-B02/CMC is a binder in which two binders, namely AD-B02 (styrene-butadiene rubber binder particle) and CMC (carboxymethyl cellulose) are mixed at a weight ratio of 3.5:1.5 [0095]. Example 6 teaches a lithium-sulfur battery, in the same manner as in Example 1, except that the positive electrode binder was BM451B (binder of present claim 1)/Li-CMC (thickener of present claim 1) instead of AD-B02/CMC. BM451B/Li-CMC is a mixed binder of BM-451B (ZEON) and CMC. BM-451B (ZEON) is an SBR-based binder, and Li-CMC was substituted with a large amount of Li by three-time repetition of the process of acid treatment of Na-CMC with HCl-filtration/neutralization by LiOH [0105]. The slurry includes a solvent that dissolves the binder. The solvent may be water [0049;0053]. See also [0048] regarding the positive electrode active materials.
Kim does not explicitly teach the slurry further includes a succinimide-based compound additive.
However, Shizuka teaches a positive electrode material for a lithium secondary battery, which contains a positive electrode active material and a compound having a succinimide skeleton. The compound effectively suppresses local reactions at the positive electrode active material electrolyte interface, improving battery cycle characteristics at high temperature [0006-0008]. The ratio of the compound having a succinimide skeleton to the lithium transition metal oxide is 0.0001 to 20 mol % [0011]. Examples of the compound include succinimide [0017]. ] The positive electrode material can be used for the positive electrode of a lithium secondary battery. Preferably, the positive electrode comprises a positive electrode current collector and a positive electrode layer containing a positive electrode material and a binder. The positive electrode layer is prepared by slurrying a positive active material, the organic compound (a compound having a succinimide skeleton), a binder (binder), and a conductive agent as necessary onto a positive electrode current collector. It can be produced by applying it to the body and drying [0029]. Examples of the binder are found at [0031]. Examples of the conductive agent are found at [0032]. The slurry includes, as a slurry solvent, an organic solvent that dissolves or disperses the binder. It is also possible to add a dispersant, a thickener and the like to water to make the active material into a slurry with a latex such as SBR [0033]. The positive electrode layer is obtained by coating, drying and roller pressing or the like in order to increase the packing density of the active material. The lithium secondary battery further includes a negative electrode and an electrolyte layer. At least one of the positive electrode, the negative electrode, and the electrolyte layer contains the organic compound (a compound having a succinimide skeleton). As a result, it is possible to obtain a lithium secondary battery having excellent characteristics even in a high temperature environment [0035]. Therefore, the invention as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made as the skilled artisan would have been motivated to use the compound having a succinimide skeleton of the positive electrode of Shizuka for the positive electrode slurry of Kim to improve cycling efficiency of the secondary battery via formation of a solid electrolyte interface. Shizuka teaches battery cycle characteristics at high temperature are improved.
Response to Arguments
Applicant's arguments filed 2/2/26 have been fully considered but they are not persuasive.
Kim in view of Gan
Applicant argues Gan’s carbonate additives, including benzyl-(N-succinimidyl) carbonate, serve an entirely different purpose and operate through a different mechanism than the succinimide-based compound recited in claim 1. However, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant does not present any persuasive arguments that one of skill would not have been motivated to use the carbonate additive (succinimide-based compound) of the positive electrode of Gan for the positive electrode slurry of Kim to improve cycling efficiency of the secondary battery via formation of a solid electrolyte interface.
Furthermore, Applicant’s arguments are not commensurate in scope with at least claim 1. Claim 1 is directed to a slurry, not an electrode, not a battery, and does not contain any limitations regarding “the flowability” of the slurry composition for the positive electrode. Furthermore, no evidence has been provided to support the argument the succinimide-based compound of claim 1 is the component of the claimed slurry that assertedly improves flowability. The claims have been given the broadest reasonable interpretation. Kim in view of Gan at least suggests the slurry composition of claim 1.
Kim in view of Shizuka
Applicant argues Shizuka’s compound having a succinimide skeleton serves an entirely different purpose than the succinimide-based compound recited in claim 1. However, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant does not present any persuasive arguments that one of skill would not have been motivated to use the compound having a succinimide skeleton of the positive electrode of Shizuka for the positive electrode slurry of Kim to improve cycling efficiency of the secondary battery via formation of a solid electrolyte interface. Shizuka teaches battery cycle characteristics at high temperature are improved.
Furthermore, Applicant’s arguments are not commensurate in scope with at least claim 1. Claim 1 is directed to a slurry, not an electrode, not a battery, and does not contain any limitations regarding “the flowability” of the slurry composition for the positive electrode. Furthermore, no evidence has been provided to support the argument the succinimide-based compound of claim 1 is the component of the claimed slurry that assertedly improves flowability. The claims have been given the broadest reasonable interpretation. Kim in view of Shizuka at least suggests the slurry composition of claim 1.
Applicant argues the prior art does not “provide the claimed benefit of improved flowability and flexible response to variable coating process conditions”. This argument is not commensurate is scope with the claimed invention. The claims do not recite “flowability” limitations, “flexible response” limitations and/or “process” limitations. Applicant’s arguments regarding “intended function” are not found persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/TRACY M DOVE/ Primary Examiner, Art Unit 1725