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 .
Election/Restrictions
Applicant’s election without traverse of group I in the reply filed on12/23/2025 is acknowledged.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, 7-9, 17 are rejected under 35 U.S.C. 102a1 as being anticipated by Wang et al (PG pub 20190305316).
Regarding claim 1, Wang et al teaches an electrode comprising:
an electrode current collector [para 44 fig 1]; and an electrode layer located on the electrode current collector [para 44 fig 1],
wherein the electrode layer comprises an electrode composition in which an active material [para 44], a conductive material (conductive carbon) [para 58], a first binder and a second binder are dry-mixed (admixture) [para 7 64].
Since Wang et al teaches the binder including first and second binder having different material (one binder is PTFE and the other binder is the other material) [para 64], the molecular weight of one binder is different than that of the other binder. Thus, it is considered that the molecular weight of first binder is larger than that of the second binder calculated from SSG value.
Regarding claim 4, Wang et al teaches a content ratio of the first binder and the second binder being within the claimed range [para 65]
Regarding claim 5, since Wang et al teaches the claimed structure, Wang et al teaches he electrode for secondary battery has a contact angle deviation of 0.01 degrees or more and 5.0 degrees or less. It is noted that "Products of identical chemical composition can not 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.
Regarding claim 6, Wang et al teaches one binder being PTFE and the other binder including other material and PTFE particles [para 66] or the mixtures of PTFE and other materials. Thus, the first binder and the second binder comprise polytetrafluoroethylene (PTFE), respectively
Regarding claim 7, Wang et al teaches the active material being LiCoO2 [para 57].
Regarding claim 8, Wang et al teaches the electrode composition is in the form a freestanding film being attached onto the electrode current collector [para 67]
Regarding claim 9, since Wang et al teaches the claimed structure, Wang et al teaches the freestanding film has a tensile strength of 8kgf/cm² or more and 40kgf/cm² or less. It is noted that "Products of identical chemical composition can not 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.
Regarding claim 17, Wang et al teaches a second battery having electrode and an electrolyte [fig 1 para 41].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (PG pub 20190305316) as applied to claim 1 above, and further in view of Takahashi et al (PG pub 20120107689) and support evidence provided by KR10-0270136, hereinafter as ‘136.
Regarding claim 2, Wang et al teaches the first and second binder comprising PTFE as set forth claim 6 above, but Wang et al does not teach the first and second binder having ssg as claimed.
Takahashi et al teaches Filbril forming PTFE being 2.230 or lower and modified PTFE being 2.189 which withing claimed range [para 45 225].
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the ssg of first binder and second binder of Wang et al to be the same of Takahashi for excellent flowability (claim 1 lines 15-17 page 4 evidence provided by ‘136).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (PG pub 20190305316) as applied to claim 1 above, and further in view of KR 10-20180121411, hereinafter as ‘411.
Regarding claim 3, Wang et al teaches the claimed limitation, but Wang et al does not teach total content of first binder and second binder.
‘411 teaches electrode having first binder and second binder where the total content of first binder and second binder includes 2% by weight to 10% by weight based on the total weight of the cathode active material layer [para 37]
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the total content of first and second binder of Wang et al to be the same of ‘411 since it has been held that discovering a optimum value of a result effective variables involves only routine skill in the art. In re boesch, 617 F.2d272, 205 USPQ 215 (CCPA 1980).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UYEN M TRAN whose telephone number is (571)270-7602. The examiner can normally be reached Monday-Friday 9am-6pm.
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/UYEN M TRAN/Primary Examiner, Art Unit 1726
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