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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duong (US 20150303481 A1) in view of Wixom (US 2020/0313191 A1).
Regarding claim 1, Duong discloses an electrode for a lithium secondary battery comprising (Abstract and Fig. 1 100 [0010] [0064] [0071][0072]):
an electrode current collector (see Fig. 1 108/110 [0076]);
and an electrode layer (112 and/or 114 and/or 116 and/or 118 [0077]) positioned on the electrode current collector (see Fig. 1 108/110 [0076]), wherein the electrode layer (112 and/or 114 and/or 116 and/or 118 [0077]) comprises an electrode composition in which a positive electrode active material ([0072]) comprising a lithium transition metal oxide material ([0082]), a conductive material (porous carbon [0082]) and a binder are dry-mixed ([0078], see Fig. 3 [0102]-[0118]).
Duong discloses an average particle size of the binder is in the range of 0.01µm-0.3µm ([0148]) and further discloses that the conductive material can comprise porous carbon ([0082]).
Wixom discloses a porous carbon material can be used in combination with a fibrilizable binder in a dry process ([0057]) to form an electrode precursor and furthermore the porous carbon can have pores ranging from 0.010 µm to 1 µm ([0057]) and discloses that the large pores facilitates ion transport, which improves the electrical current density and rate retention for an electrode of given thickness and porosity, or enables electrodes to be processed to higher thickness or lower porosity for given capacity or rate retention ([0091]).
It would have been obvious to one of ordinary skill in the art at the time of filing to replace the porous carbon materials used of Duong with those of Wixom so that an average diameter of the micropore formed in the conductive material is the same as or larger than an average particle size of the binder as disclosed by Wixom because the large pores facilitates ion transport, which improves the electrical current density and rate retention for an electrode of given thickness and porosity, or enables electrodes to be processed to higher thickness or lower porosity for given capacity or rate retention.
Regarding claim 2, modified Duong discloses all of the claim limitations as set forth above.
In addition, as noted from the modification above, Wixom discloses that the average diameter of the micropore formed in the conductive material is 10 nanometers to about 1000 nanometers ([0012]) which overlaps with the claimed range.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claim 3, modified Duong discloses all of the claim limitations as set forth above.
In addition, Duong discloses that the average particle size of the binder is less than 1 micron ([0148]) which overlaps with the claimed range.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claim 4, modified Duong discloses all of the claim limitations as set forth above.
In addition, as noted from the modification above, Wixom discloses that the specific surface area of the conductive material is 17 m2/g.
Regarding claim 5, modified Duong discloses all of the claim limitations as set forth above.
In addition, Duong discloses a content of the conductive material is from 0.1 % by weight to 10% by weight or less based on the total weight of the electrode composition ([0083]).
Wixom discloses that the porous carbon (processing additive) can be present in an amount from 2-10% ([0064]).
Regarding claim 6, modified Duong discloses all of the claim limitations as set forth above.
In addition, Wixom through modification above discloses that the conductive material comprises a 3D porous carbon material ([0071]).
In addition, Duong discloses the binder comprises polytetrafluoroethylene (PTFE) ([0080]).
Regarding claim 7, modified Duong discloses all of the claim limitations as set forth above.
In addition, Duong discloses wherein the active material comprises lithium manganese oxide (LMO) ([0082]).
Regarding claim 8, modified Duong discloses all of the claim limitations as set forth above.
In addition, Duong discloses the electrode composition is in the form of a free-standing film, and the free-standing film is present on the electrode current collector ([0117]).
Regarding claim 9, modified Duong discloses all of the claim limitations as set forth above.
However, Duong does not explicitly disclose that the free-standing film has an elastic modulus value of 30 MPa to 400 MPa.
Wixom discloses that the processing additive lead to improved mechanical strength and processibility ([0071][0089]).
It would have been obvious to modify the amount of processing additive (porous carbon) in the free-standing film of modified Duong to be optimized so that the claimed elastic modulus/mechanical strength/processibility can be achieved.
Response to Arguments
Applicant argues that Wixom does not teach a size relationship between the size of pore structure of the processing additive and the size of the binder. Rather, Wixom merely states that "large pore structure" facilitates ion transport, improve electrical current density and rate retention for the electrode. Wixom does not teach or suggest that the pore structure is larger in comparison to another element, let alone, with respect to the average particle size of the binder as claimed.
Wixom provides motivation to use larger porous carbon particles including sizes 10 times of the binder size disclosed by Duong (see [0148]) by stating that larger pores facilitate ion transport, which improves the electrical current density and rate retention for an electrode of given thickness and porosity, or enables electrodes to be processed to higher thickness or lower porosity for given capacity or rate retention ([0057][0091]).
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.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726
