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 .
Status of Application
Claims 1-5 are currently pending.
Response to Arguments
Applicant’s arguments, see Applicant’s remarks, filed 1/15/2026, with respect to the rejection(s) of claim(s) 1 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Ihara (US20100178569A1, IDS cited 03/28/2023), in view of Yun (US20170365858A1).
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ihara (US20100178569A1, IDS cited 03/28/2023), in view of Yun (US20170365858A1).
Regarding claim 1, Ihara discloses a non-aqueous electrolyte secondary battery (title) comprising:
a positive electrode (positive electrode 21; [0193]);
a negative electrode (negative electrode 22; [0194]);
a non-aqueous electrolytic solution [0195];
the negative electrode includes a negative electrode active material layer including polyvinylidene fluoride as a binder [0194], wherein the binder may be further selected from the list comprising styrene-butadiene rubber [0110, 0105].
However, Ihara does not disclose wherein the negative electrode includes acrylonitrile-styrene-butadiene rubber, and further does not disclose wherein the content of the acrylonitrile-styrene-butadiene rubber in the negative active material layer is 0.5 mass% or more and 2.0 mass% or less.
In this regard, Yun also teaches a negative electrode comprising a binder selected from a list comprising polyvinylidenefluoride, acrylonitrile-styrene-butadiene copolymer [Yun 0088].
It would have been obvious for a person having ordinary skill in the art to have used the acrylonitrile-styrene-butadiene copolymer as an alternative binder to the polyvinylidene fluoride disclosed by Ihara, with a reasonable expectation to improve binding force between the active material particles and the current collector [Yun 0088].
Yun further teaches that the binder may be added in an amount of about 0.5 part by weight to about 5 parts by weight, based on 100 parts by weight of a negative electrode active material mixture, which encompasses the claimed range of “0.5 mass% or more and 2.0 mass% or less”. It would have been obvious for a person having ordinary skill in the art to have selected the encompassed amount of the binder, with a reasonable expectation to bond the negative electrode active materials to each other and with the current collector [Yun 0088].
Ihara further discloses wherein:
the non-aqueous electrolytic solution includes an ester compound (i.e., Formula 1-1 of Exp. Ex. 2-3 in Table 3; reproduced below), which is not a propionic acid ester as claimed, due to the terminal groups not being propionic acid.
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In this regard, Ihara discloses that the ester compound may include at least one represented by Formula (1), (2), or (3) [0030 Ihara] wherein the ester compounds have good solubility and compatibility [0043-0044 Ihara].
Thus, a person having ordinary skill in the art would have been motivated to select the ester compound of Formula (2) (e.g., diethylene glycol dipropionate, triethylene glycol dipropionate [0045]; i.e., propionic acid ester as claimed-Ihara) as an alternative ester compound of Formula 1-1, as Ihara discloses that the ester compounds of both Formula (1) and Formula (2) have good solubility and compatibility, and achieves high effects [0043-0044 Ihara].
Ihara further discloses:
a halogenated cyclic carbonic acid ester (i.e., FEC in Exp. Ex. 2-3 in Table 3), and
a cyclic sulfuric acid anhydride (i.e., Formula 4-2 in Exp. Ex. 2-1 in Table 3; reproduced below; equivalent to the 1-1 in [0065] of the instant specification)
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Regarding claim 2, modified Ihara teaches the non-aqueous electrolyte secondary battery according to claim 1, wherein a content of the cyclic sulfuric acid anhydride in the non-aqueous electrolytic solution is 1 mass% (See Exp. Ex. 2-3 in Table 3), which falls within the claimed range of “0.1 mass% or more and 1.0 mass% or less”.
Regarding claim 3, modified Ihara teaches the non-aqueous electrolyte secondary battery according to claim 1, wherein a content of the halogenated cyclic carbonic acid ester (i.e., 4-fluoro-1,3-dioxolan-2-one (FEC) in Exp. Ex. 2-3) in the non-aqueous electrolytic solution is in 5 wt% [0204 Ihara], which falls within the claimed range of “2.0 mass% or more and 6.0 mass% or less”.
Regarding claim 4, modified Ihara teaches the non-aqueous electrolyte secondary battery according to claim 1, wherein the propionic acid ester (“ester compound”[0045]; Formula (2)) may include diethylene glycol dipropionate (i.e., 10 carbon atoms) and/or triethylene glycol dipropionate (i.e., 12 carbon atoms) ([0045]-Ihara), which is outside of “4 or more and 7 or less carbon atoms” as claimed.
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In this regard, Ihara discloses a general formula for the ester compound (see Formula (2) below),
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wherein R14 and R16 each represent an alkyl group, an alkenyl group, an alkynyl group, an aryl group, a heterocyclic group, an alkyl, alkenyl, or alkynyl group substituted with an aromatic hydrocarbon group or an alicyclic hydrocarbon group, or a halogenated group thereof. R15 represents a linear or branched alkylene group, an arylene group, a divalent group containing an arylene group and an alkylene group, a C2-C12 divalent group containing an ether bond and an alkylene group, or a halogenated group thereof [0030 Ihara].
Thus, it would have been obvious for a person having ordinary skill in the art would reasonably modify the R14, R15, and R16 of the triethylene glycol dipropionate compound and select an alkyl group having one carbon (e.g., methyl group) for R14 and R16, and a C2 divalent group for R15, such that the ester compound has 6 carbon atoms, which fall within the claimed range of “4 or more and 7 or less carbon atoms”, as Ihara discloses that the ester compounds represented by Formula (2) having such functional groups provide high chemical stability to the electrolyte [0030 Ihara].
Regarding claim 5, Ihara discloses the non-aqueous electrolyte secondary battery according to claim 1, wherein the halogenated cyclic carbon acid ester is (i.e., FEC in Exp. Ex. 2-3 in Table 3). Ihara does not disclose wherein the electrolyte includes propionic acid ester is one or more of methyl propionate, ethyl propionate, propyl propionate, and butyl propionate.
However, Ihara discloses wherein the non-aqueous electrolytic solution may include methyl propionate, ethyl propionate, as electrochemical devices that use such electrolytes exhibit good battery capacities, cycle characteristics, and storage characteristics [0060]. As such, it would have been obvious for a person having ordinary skill in the art to have used methyl propionate and/or ethyl propionate in the electrolyte solution, with a reasonable expectation to improve battery capacities, cycle characteristics, and storage characteristics [0060].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAEYOUNG SON whose telephone number is (703)756-1427. The examiner can normally be reached M-F 8-5pm.
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/T.S./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 5/28/2026
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