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
Amendments filed on November 19, 2025 in response to the Non-Final Office Action mailed on August 19, 2025 have been received and entered. Claims 1 and 12, have been amended to incorporate the limitations of claims 2 and 13 respectively, which were cancelled. Claims 15 and 16 have been amended and claims 17 and 18 have been added. Claims 1, 3-12 and 14-18 are pending in this application.
Claim 16 preamble and dependency have been changed not to depend on claim 3 and therefore not being a substantial duplicate of claim 5. Because of this amendment the objection made to claim 16 have been overcome.
Further, claim 15 has been amended to depend on claim 14 instead of claim 12, to provide proper antecedent basis for "the additive".
Response to Arguments
Claim 1 rejection under 35 U.S.C. 102(a)(1) as being anticipated by Mizawa et al. (US 20140178732 A1).
Applicant argues that Mizawa fails to teach the measurement method recited on amended claim 1 [Remarks p. 10]. In addition it is argued that Sasaki, Biolin Scientific and Wu references applied to cancelled claims 2 and 13 are not proper to modify the contact angle measurement protocol of Mizawa, because Mizawa provides no teaching or suggestion to abandon its defined method [Remarks p. 11 and 12]. Further applied references does not cure the deficiencies of Mizawa [p. 13-14]. In addition it is cited paragraph 0190 and Table 1 of the present application when it is stated that the additives and their proportion can impact the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent. When the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent is not greater than 45°, the after-cycling capacity retention rate and C-rate percentage of the lithium-ion battery can be significantly improved, and the direct-current resistance of the lithium-ion battery can be significantly reduced.
Applicant’s arguments, see page 8-15, filed on November 19, 2025, with respect to claim 1 rejection have been fully considered and are persuasive. The 35 U.S.C. 102(a)(1) rejection of claim 1 has been withdrawn.
Because of the direct or indirect dependency of claims 9-11 on claim 1, the 35 U.S.C. 102(a)(1) rejections of these claims have been withdrawn.
Because of the direct or indirect dependency of claims 3-8 and 16 on claim 1, the 35 U.S.C. 103 rejections of these claims have been withdrawn.
Based on the reasons discussed for claim 1, arguments against claim 12 have been found persuasive. The 35 U.S.C. 102(a)(1) rejection of claim 12 has been withdrawn.
Because of the direct or indirect dependency of claims 14 and 15 on claim 12, the 35 U.S.C. 103 rejections of these claims have been withdrawn.
However, upon further consideration, a new ground(s) of rejection is made in view of Wakizawa et al. (US 20110311870 A1).
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 non-obviousness.
Claim 1 and 3-5, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wakizawa et al. (US 20110311870 A1).
Regarding claim 1, Wakizawa teaches a lithium secondary battery comprising a positive electrode, a negative electrode and an electrolytic solution, wherein at least one of said electrodes further comprises an electrode active material layer including an electrode active material, a thickener and a binder [claim 1 and 5]. The electrolytic solution is not particularly limited, and for example, those in which lithium salt is dissolved as a supporting electrolyte in a non-aqueous solvent can be used and it can include an additive [0091 and 0093]. Regarding the active material, it is taught that it can properly be selected according to the type of the electrode. The active material may be any compound that can normally be used in a lithium-ion secondary battery [0018]. Regarding the binder, it is taught that 2-ethylhexyl acrylate can be employed as a monomer on an unsaturated carboxylic ester based polymer, having an upper limit content of 99 mass% [0022-0025]. The content rate of the binder in the electrode active material layer is, in solid content, 0.1 to 10 parts by mass per 100 parts by mass of the electrode active material (0.1-10 wt.%) [0035].
From Wakizawa’s teachings, it is possible to have a positive electrode having a positive active material, which may be any compound that can normally be used in a lithium-ion secondary battery, having a binder with a 2-ethylhexyl acrylate composition approximately 0.1-10 wt.% (1000-100,000 ppm) by mass of the electrode active material.
The Office realizes that all of the claimed effects or physical properties are not positively stated by Wakizawa. However, Wakizawa teaches all of the claimed ingredients, claimed amounts, and substantially similar process of making. According to the original specification, the result shown on Table 1 demonstrate that the additives and their proportions can impact the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent. Some specific additives can increase interaction between the constituents in the positive electrode active material slurry, make the distribution of the slurry more uniform, and thereby reduce the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent. When the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent is not greater than 45°, the after-cycling capacity retention rate and C-rate percentage of the lithium-ion battery can be significantly improved, and the direct-current resistance of the lithium-ion battery can be significantly reduced. On the basis that the contact angle of the positive electrode active material layer with respect to the non- aqueous solvent is not greater than 45°, a controlled proportion of the additive not greater than 3000 ppm may further improve the after-cycling capacity retention rate and C-rate percentage of the lithium-ion battery, and further reduce the direct-current resistance of the lithium-ion battery [0190]. From the examination of Table 1, additive 1 (2-ethylhexyl acrylate) [0168] was employed for Examples 1-5, having a proportion of 1000-3000 ppm which overlaps the binder content range taught by Wakizawa. Furthermore, it is disclosed that the positive active materials employed for the Examples were commercially purchased [0167], which makes these materials to be on Wakizawa options for a positive active material because they can be categorized as “compound that can normally be used in a lithium-ion secondary battery” as taught above.
Therefore, the claimed effects and physical properties, i.e. the recited contact angle would expectedly be achieved by a composition with all the claimed ingredients, claimed amounts, and substantially similar process of making if the recited contact angle measurement method is employed. See MPEP § 2112.01. If it is the applicant' s position that this would not be the case: (1) evidence would need to be provided to support the applicant' s position; and (2) it would be the Office' s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, claimed amounts, and substantially similar process of making.
Regarding claim 3, Wakizawa teaches all the elements of the current invention in claim 1. The disclosed 2-ethylhexyl acrylate met the limitation “having a hydrophilic group and a lipophilic group”.
Regarding claims 4 and 5, Wakizawa teaches all the elements of the current invention in claim 3. The limitation “(d) a proportion of not greater than 3000 ppm based on a total weight of the positive electrode active material layer” (claim 4) and the one recited on claim 5 can be considered met from claim 1 (on which claim 3 depends) discussion.
Regarding claim 17, Wakizawa teaches all the elements of the current invention in claim 1.
The Office realizes that all of the claimed effects or physical properties are not positively stated by Wakizawa. However, Wakizawa teaches all of the claimed ingredients, claimed amounts, and substantially similar process of making. According to the original specification, the result shown on Table 1 demonstrate that the additives and their proportions can impact the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent. Some specific additives can increase interaction between the constituents in the positive electrode active material slurry, make the distribution of the slurry more uniform, and thereby reduce the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent. When the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent is not greater than 45°, the after-cycling capacity retention rate and C-rate percentage of the lithium-ion battery can be significantly improved, and the direct-current resistance of the lithium-ion battery can be significantly reduced. On the basis that the contact angle of the positive electrode active material layer with respect to the non- aqueous solvent is not greater than 45°, a controlled proportion of the additive not greater than 3000 ppm may further improve the after-cycling capacity retention rate and C-rate percentage of the lithium-ion battery, and further reduce the direct-current resistance of the lithium-ion battery [0190]. From the examination of Table 1, additive 1 (2-ethylhexyl acrylate) [0168] was employed for Examples 1-4 (where the contact angle was from 25°-45°), having a proportion of 1000-2500 ppm which overlaps the binder content range taught by Wakizawa. Furthermore, it is disclosed that the positive active materials employed for the Examples were commercially purchased [0167], which makes these materials to be on Wakizawa options for a positive active material because they can be categorized as “compound that can normally be used in a lithium-ion secondary battery” as taught on claim 1 above.
Therefore, the claimed effects and physical properties, i.e. the recited contact angle would expectedly be achieved by a composition with all the claimed ingredients, claimed amounts, and substantially similar process of making if the recited contact angle measurement method is employed. See MPEP § 2112.01. If it is the applicant' s position that this would not be the case: (1) evidence would need to be provided to support the applicant' s position; and (2) it would be the Office' s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, claimed amounts, and substantially similar process of making.
Regarding claim 18, Wakizawa teaches all the elements of the current invention in claim 1. From claim 1 discussion, it is taught that it is possible to have a positive electrode having a positive active material, which may be any compound that can normally be used in a lithium-ion secondary battery, having a binder with a 2-ethylhexyl acrylate (additive) composition approximately 0.1-10 wt.% (1000-100,000 ppm) by mass of the electrode active material. The compound 2-ethylhexyl acrylate met the limitation “an additive having a hydrophilic group and a lipophilic group”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the 2-ethylhexyl acrylate (additive) composition range disclosed by Wakizawa because overlapping ranges have been held to be a prima facie case of obvious. 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). See MPEP § 2144.05.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Wakizawa et al. (US 20110311870 A1) as applied to claim 1 above, further in view of Choi et al. (KR 20190010318 A, see machine translation for citation).
Regarding claims 6 and 7, Wakizawa teaches all the elements of the current invention in claim 1, except “wherein the electrolyte further contains a compound of formula 1, wherein R is a substituted or unsubstituted C1-C10 alkyl group, and in the case of substitution, a substituent group is halogen, and based on a total weight of the electrolyte, a proportion of the compound of formula 1 is 0.001 wt.% to 2 wt.%” (claim 6) and “wherein the compound of formula 1 contains at least one of the structural formulas 1a to 1c” (claim 7).
Choi teaches a secondary battery (20) (electrochemical apparatus), including an electrode assembly accommodated in a case (24) and a non-aqueous electrolyte [0075-0076 and Fig. 1]. The non aqueous electrolyte may include a first additive (same field of endeavor of Wakizawa) including a compound represented by the chemical formula 1. which may be a compound represented by the following chemical formula 1-1 [0007 and 0024-0025]:
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It is taught that the first additive including the compound represented by the above chemical formula 1 (chemical formula 1-1) may be included in a range of 0.1 wt.% to 2 wt.% based on the total weight of the electrolyte for the lithium secondary battery [0036]. From this teaching, the limitation of claim 6 regarding formula 1, where R is a substituted C1-C10 alkyl group and the proportion of the compound of formula 1 is 0.001 wt.% to 2 wt.% is met. In addition, the compound represented by formula 1-1 (which represents the general chemical formula 1), comply with the formula 1a presented on claim 7.
It is taught by Choi that when an electrolyte containing an additive including a compound represented by the chemical formula 1-1 (which represents the general chemical formula 1) is applied to a lithium secondary battery, the cycle life characteristics of the lithium secondary battery and gas generation at high temperatures can be significantly reduced [0024-0025]. In addition, when the content of the compound represented by the chemical formula 1-1 is between 0.1 wt.% to 2 wt.% based on the total weight of the electrolyte, an increase in resistance can be prevented, thereby realizing a lithium secondary battery with excellent high-temperature storage characteristics.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte of Wakizawa to include the features “wherein the electrolyte further contains a compound of formula 1, wherein R is a substituted C1-C10 alkyl group and based on a total weight of the electrolyte, a proportion of the compound of formula 1 is 0.001 wt.% to 2 wt.%” (claim 6), “wherein the compound of formula 1 contains at least one of the structural formulas 1a to 1c”. (claim 7), because Choi teaches that when an electrolyte containing an additive including a compound represented by the chemical formula 1 and 1a is applied to a lithium secondary battery, the cycle life characteristics of the lithium secondary battery and gas generation at high temperatures can be significantly reduced. In addition, when the content of the compound is between 0.1 wt.% to 2 wt.% based on the total weight of the electrolyte, an increase in resistance can be prevented, thereby realizing a lithium secondary battery with excellent high-temperature storage characteristics.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wakizawa et al. (US 20110311870 A1) in view of Choi et al. (KR 20190010318 A, see machine translation for citation) as applied to claim 6 above, further in view of Mizawa et al. (US 20140178732 A1).
Regarding claim 8, Wakizawa and Deguchi teach all the elements of the current invention in claim 6, except “wherein X mg of the compound of formula 1 in the electrolyte and a reaction area Y m2 of the positive electrode active material layer satisfy the following relationship: 10<X/Y<100”.
Mizawa teaches a non-aqueous electrolyte secondary battery comprising an electrode group (4) formed by a positive and negative electrode (5 and 6) and a separator (7). The electrode group (4) is housed together with a non-aqueous electrolyte in a cylindrical battery case (1) [0043 and Fig. 1]. The positive electrode (5) comprises a positive electrode material mixture layers (5b) (active material layer) [0049]. The non-aqueous electrolyte secondary battery of Mizawa is on the same field of endeavor of Wakizawa.
Mizawa further teaches on Example 1 that the positive electrode (5) was obtained by applying a positive electrode paste onto both sides of a current collector (5a), followed by pressing and heating procedures. The heated product was cut in the size of 58.2 mm in width and 562.1 mm in length [0106]. On both sides of the positive electrode 5 at the center in the longitudinal direction thereof, current collector-exposed portions 5c and 5d each having a width of 6.5 mm where no positive electrode paste was applied were formed [0107 and Fig. 2b]. From this description the area of a single face of the positive electrode (5), which corresponds to one face of the positive electrode active material layer reaction area, can be calculated to be (58.2-6.5)mm x 562.1 mm = 30,094.57 mm2 (0.03 m2). The area for the two faces of the positive electrode active material layer reaction area will be 0.06 m2 (Y). On Example 1 is also taught that 4.50 g of non-aqueous electrolyte was injected into the battery case (1) [0113].
If Wakizawa positive electrode is modified by the teachings of Mizawa and the taught electrolyte amount is employed, from the teachings as applied to claim 6 above, if 0.1 wt.%-2wt% is selected as the additive amount in the electrolyte taught by Mizawa, 4.5-90 mg (X) will be the employed amount. Making the calculation as presented on claim 8, X/Y (for 4.5 mg)= 4.5 mg/0.06 m2 = 75 mg/m2 and for 90 mg X/Y= 1,500 mg/m2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the X/Y relation ranges calculated from combining the teachings of Wakizawa, Choi and Mizawa because overlapping ranges have been held to be a prima facie case of obvious. 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). See MPEP § 2144.05.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wakizawa et al. (US 20110311870 A1) as applied to claim 1 above, further in view of Deguchi (US 20110045360 A1).
Regarding claims 9-11, Wakizawa teaches all the elements of the current invention in claim 1, except “wherein the positive electrode active material comprises lithium-containing transition metal oxides having different median particle sizes” (claim 9), “wherein the lithium- containing transition metal oxide comprises a compound represented by a general formula (1)” (claim 10) and “wherein the lithium- containing transition metal oxide comprises Mg and at least one metal element selected from the group consisting of Ti, Zr, Ge, Nb, Al, and Sn” (claim 11).
Deguchi teaches a lithium secondary battery (10) including a positive electrode (11), a negative electrode (12), a separator (13) interposed between them, and a non-aqueous electrolyte (not shown) [0018 and Fig. 1]. The positive electrode active material layer (23) contains a positive electrode active material (24), a fluororesin (25) as a binder (additive) and a conductive material (26) [0022]. The secondary battery of Deguchi is on the same field of endeavor of Wakizawa.
As a specific example of the lithium-containing composite oxide, Deguchi teaches compound represented by formula (1): LixMyMe1-yO2+δ, wherein M represents at least one element selected from the group consisting of nickel (Ni), cobalt (Co), and manganese (Mn); Me represents at least one element selected from the group consisting of magnesium, aluminum, zinc, iron, copper, chromium, molybdenum, zirconium, scandium, yttrium, lead, boron, antimony, and phosphorus; x is in the range of 0.98 to 1.1; y is in the range of 0.1 to 1; and 6 is in the range of −0.1 to 0.1 [0024 and 0025]. δ represents an oxygen deficiency or an oxygen excess. Ordinarily, an oxygen deficiency or an oxygen excess may be, but are not limited to, in the range of −0.1 to 0.1 [0028]. From this teaching it is possible to obtain a compound having the following formula LiNi0.95(MgAl)0.05O2, if x=1, M=Ni, y=0.95, Me=Mg and Al and δ=0. This same compound can be obtained from claim 10 limitations if a=1, M1=Ni, M2=Mg, M3=Al, b=0.95 and c=d=0.05. From the previous discussion the limitations of claims 9-11 are met. Deguchi teaches that employing a compound represented by formula (1) above is preferable because it has an excellent crystal structure stability [0024].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the positive active material of Wakizawa to include the features ““wherein the positive electrode active material comprises lithium-containing transition metal oxides having different median particle sizes” (claim 9), “wherein the lithium- containing transition metal oxide comprises a compound represented by a general formula (1)” (claim 10) and “wherein the lithium- containing transition metal oxide comprises Mg and at least one metal element selected from the group consisting of Ti, Zr, Ge, Nb, Al, and Sn” (claim 11), because Deguchi teaches a compound which meet the referred limitations and that employing it is preferable because it has an excellent crystal structure stability.
Claim 12, 14-16 is rejected under 35 U.S.C. 103 as being unpatentable over Wakizawa et al. (US 20110311870 A1).
Regarding claim 12, Wakizawa teaches a lithium secondary battery comprising a positive electrode, a negative electrode and an electrolytic solution, wherein at least one of said electrodes further comprises an electrode active material layer including an electrode active material, a thickener and a binder [claim 1 and 5]. The electrolytic solution is not particularly limited, and for example, those in which lithium salt is dissolved as a supporting electrolyte in a non-aqueous solvent can be used and it can include an additive [0091 and 0093]. Regarding the active material, it is taught that it can properly be selected according to the type of the electrode. The active material may be any compound that can normally be used in a lithium-ion secondary battery [0018]. Regarding the binder, it is taught that 2-ethylhexyl acrylate can be employed as a monomer on an unsaturated carboxylic ester based polymer, having an upper limit content of 99 mass% [0022-0025]. The content rate of the binder in the electrode active material layer is, in solid content, 0.1 to 10 parts by mass per 100 parts by mass of the electrode active material (0.1-10 wt.%) [0035].
From Wakizawa’s teachings, it is possible to have a positive electrode having a positive active material, which may be any compound that can normally be used in a lithium-ion secondary battery, having a binder with a 2-ethylhexyl acrylate composition approximately 0.1-10 wt.% (1000-100,000 ppm) by mass of the electrode active material.
It is further taught that shape of the battery may include coin shape, button shape, sheet shape, cylinder shape, square shape and flattened shape [0098]. From this teaching and general knowledge, it is reasonable to think that the prepared Wakizawa secondary battery could be employed by an electronic apparatus.
The Office realizes that all of the claimed effects or physical properties are not positively stated by Wakizawa. However, Wakizawa teaches all of the claimed ingredients, claimed amounts, and substantially similar process of making. According to the original specification, the result shown on Table 1 demonstrate that the additives and their proportions can impact the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent. Some specific additives can increase interaction between the constituents in the positive electrode active material slurry, make the distribution of the slurry more uniform, and thereby reduce the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent. When the contact angle of the positive electrode active material layer with respect to the non-aqueous solvent is not greater than 45°, the after-cycling capacity retention rate and C-rate percentage of the lithium-ion battery can be significantly improved, and the direct-current resistance of the lithium-ion battery can be significantly reduced. On the basis that the contact angle of the positive electrode active material layer with respect to the non- aqueous solvent is not greater than 45°, a controlled proportion of the additive not greater than 3000 ppm may further improve the after-cycling capacity retention rate and C-rate percentage of the lithium-ion battery, and further reduce the direct-current resistance of the lithium-ion battery [0190]. From the examination of Table 1, additive 1 (2-ethylhexyl acrylate) [0168] was employed for Examples 1-5, having a proportion of 1000-3000 ppm which overlaps the binder content range taught by Wakizawa. Furthermore, it is disclosed that the positive active materials employed for the Examples were commercially purchased [0167], which makes these materials to be on Wakizawa options for a positive active material because they can be categorized as “compound that can normally be used in a lithium-ion secondary battery” as taught above.
Therefore, the claimed effects and physical properties, i.e. the recited contact angle would expectedly be achieved by a composition with all the claimed ingredients, claimed amounts and substantially similar process of making if the recited contact angle measurement method is employed. See MPEP § 2112.01. If it is the applicant' s position that this would not be the case: (1) evidence would need to be provided to support the applicant' s position; and (2) it would be the Office' s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, claimed amounts, and substantially similar process of making.
Regarding claim 14, Wakizawa teaches all the elements of the current invention in claim 12. The disclosed 2-ethylhexyl acrylate met the limitation “having a hydrophilic group and a lipophilic group”.
Regarding claims 15 and 16, Wakizawa teaches all the elements of the current invention in claim 14. The limitation “(d) a proportion of not greater than 3000 ppm based on a total weight of the positive electrode active material layer” (claim 15) and the limitation recited in claim 16 can be considered met from claim 12 discussion (on which claim 14 depends).
Conclusion
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/G.R./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 02/12/2026