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 .
Election/Restriction
Applicant’s election with traverse of Group I (related to claims 1-11 and 16-26) and Species Z (claims 1, 3, 5-10, 12-13, 16-17, 19, 21-25, and 27-28) in the reply filed on 12/14/2025 is acknowledged.
Claims 14-15 and 29-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to the nonelected Group II and nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/14/2025.
Response to Arguments
Applicant's arguments filed 12/14/2025 have been fully considered but they are not persuasive.
Applicant argues that Group II (electrolyte and a battery) is essentially an expansion and application of Group I (polymer), and thus should be classified into the same classification.
Examiner responds by stating that the polymer (Group I) can be used by itself or in combination with the electrolyte (Group II). Therefore, the polymer can be examined by either using a search classification dedicated to polymers or by a search classification that includes the electrolyte and battery classifications.
Applicant argues that the differences between Species A-AG are only the polymerization conditions and the group ending of the polymer. Thus, applicant believes that Species A-AG should be classified into the same classification.
Examiner responds by stating that the species A-AG are distinct and may contain different polymeric precursors for the A1 or A2 monomer as required by claims 2, 3, 18 and 19. This in itself requires different search techniques for examination.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 6, 12, 16-18, and 27 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by the machine translation of Navarro (WO 2018158545 A1).
Regarding claim 1, Navarro teaches a polymer, which is a composition of a battery
(para. 0019, [a polymer electrolyte composition intended to be used in a battery]),
wherein the polymer is polymerized by a polymeric precursor (para. 0019, [a thermoplastic polymer obtained by polymerization of at least one cyclic monomer of lactone, carbonate or lactide type]),
Examiner notes that the instant specification (instant, para. 0006-0007) defines the polymeric precursor as a polymer that includes at least three monomers, each of the monomers is a lactone, a lactone cyclic ester or a carbonate ester, and the polymer includes a polyester.
and the polymeric precursor comprises: at least three monomers (para. 0020, [the thermoplastic polymer is a copolymer obtained by copolymerization of said cyclic monomer with at least one other comonomer;]),
wherein each of the monomers is a lactone (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone]),
a lactone cyclic ester (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone]),
or a carbonate ester (para. 0044, trimethylene carbonate); wherein the polymer comprises a polyester (para. 0041, chain includes repeating units of the various lactones which results in the polymer comprising a polyester),
the polyester is a straight chain (para. 0049, [polystyrene-Woc-poly(∇-caprolactone-co-trimethylene carbonate)] is a straight chain),
an end of the polymer has an inert group (Trimethylene carbonate is at the end of the polymer and has the inert ester group. The instant specification recognizes ester groups as inert group – instant specification, para. 0031),
and the polymer is represented by the following structure: B-C,
(para. 0049, in [polystyrene-Woc-poly(∇-caprolactone-co-trimethylene carbonate)] B= trimethylene carbonate and C= polystyrene)
wherein B is the polyester (para. 0049, trimethylene carbonate is a polyester), and
C is the inert group (para. 0049, polystyrene is inert). Examiner notes that polystyrene includes a phenyl group and para. 0031 of the instant speciation lists a phenyl group as one of the possible inert groups of the polymer.
Regarding claim 2, Navarro teaches the polymer of claim 1, and further teaches wherein the polymer is represented by the following structure:
A1-B-C (para. 0049, in [polystyrene-Woc-poly(∇-caprolactone-co-trimethylene carbonate)] A1- caprolactone B= trimethylene carbonate C=polysterene),
wherein a polymeric precursor (para. 0064, n-pentanol) of A1 (para. 0049, A1 = caprolactone) is a monohydric alcohol (para. 0101, describes n-pentanol as a polymeric precursor to polycaprolactone)
a carbon number of the monohydric alcohol is at least larger than or equal to two (para. 0101, n-pentanol) Examiner notes that n-pentanol has 5 carbons),
B is the polyester (B is the polyester as described above in claim 1), and
C is the inert group (C as described in claim 1 above).
Regarding claim 6, Navarro teaches the polymer of claim 1, wherein a number-average molecular weight of the polymer is Mn, and the following condition is satisfied: 100 Dalton ≤ Mn ≤ 3000 Dalton (para. 0020, the thermoplastic polymer has a number-average molecular weight of less than … 20,000 g/mol).
Regarding claim 12, Navarro teaches an electrolyte, which is a composition of a battery (para. 0038, [thus, at least the cathode 20 of the battery, for example, comprises in its composition such a polymer electrolyte composition]) comprising:
a polymer polymerized by a polymeric precursor (para. 0039, [the polymer electrolyte composition comprises: a thermoplastic polymer obtained by polymerization of at least one cyclic monomer of lactone, carbonate or lactide type, including in the cyclic chain]); and
a metal salt (para. 0039, [the polymer electrolyte comprises … one or more lithium salts]),
wherein the polymer is uniformly mixed with the metal salt (para. 0055, [mixing, in the melt, the monomer(s) (co) to be (co)polymerized, the electrolyte salt]);
wherein the polymeric precursor comprises at least three monomers (para. 0020, [the thermoplastic polymer is a copolymer obtained by copolymerization of said cyclic monomer with at least one other comonomer]),
each of the monomers is a
lactone (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone]),
a lactone cyclic ester (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone])
or a carbonate ester (para. 0044, trimethylene carbonate),
and the polymer comprises a polyester (para. 0041, chain includes repeating units of the various lactones which results in the polymer comprising a polyester).
Regarding claim 16, Navarro teaches a polymer, which is a composition of a battery (para. 0019, [a polymer electrolyte composition intended to be used in a battery]), wherein the polymer is polymerized by a polymeric precursor (para. 0019, [a thermoplastic polymer obtained by polymerization of at least one cyclic monomer of lactone, carbonate or lactide type]), and the polymeric precursor comprises: at least two monomers (para. 0020, [the thermoplastic polymer is a copolymer obtained by copolymerization of said cyclic monomer with at least one other comonomer;]),
wherein each of the monomers is
a lactone (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone]),
a lactone cyclic ester (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone])or
a carbonate ester (para. 0044, trimethylene carbonate);
wherein the polymer comprises a polyester(para. 0041, chain includes repeating units of the various lactones which results in the polymer comprising a polyester),
the polyester is a straight chain (para. 0049, [polystyrene-Woc-poly(∇-caprolactone-co-trimethylene carbonate)] is a straight chain. Examiner notes that polymeric nomenclature for branched structures is written with a number to indicate where the branch attaches to the backbone. The polymer expressed in para. 0049 of Navarro is not written in such way and therefore represents a straight-chain polymer.)
a number-average molecular weight of the polymer is Mn, and the following condition is satisfied: 100 Dalton ≤ Mn ≤ 3000 Dalton (para. 0020, the thermoplastic polymer has a number-average molecular weight of less than … 20,000 g/mol).
Regarding claim 17, Navarro teaches the polymer of claim 16, and further teaches wherein an end of the polymer has an inert group (para. 0049, the polystyrene in [polystyrene-Woc-poly(∇-caprolactone-co-trimethylene carbonate)] is an inert group).
Regarding claim 18, Navarro teaches the polymer of claim 17, and further teaches wherein the polymer is represented by the following structure: A1-B-C,
(para. 0049, in [polystyrene-Woc-poly(∇-caprolactone-co-trimethylene carbonate)] A1- caprolactone B= trimethylene carbonate C=polysterene)
wherein a polymeric precursor (para. 0101, n-pentanol) of A1 (para. 0049, A1 = caprolactone) is a monohydric alcohol (para. 0101, n-pentanol), a carbon number of the monohydric alcohol is at least larger than or equal to two (para. 0101, n-pentanol) Examiner notes that n-pentanol has 5 carbons),
B is the polyester (B is the polyester as described above), and
C is the inert group (C as described in claim 1 above).
Regarding claim 27, Navarro teaches an electrolyte, which is a composition of a battery (para. 0038, [thus, at least the cathode 20 of the battery, for example, comprises in its composition such a polymer electrolyte composition]), comprising:
a polymer polymerized by a polymeric precursor (para. 0039, [the polymer electrolyte composition comprises: a thermoplastic polymer obtained by polymerization of at least one cyclic monomer of lactone, carbonate or lactide type, including in the cyclic chain]);
and a metal salt (para. 0039, [the polymer electrolyte comprises … one or more lithium salts]),
wherein the polymer is uniformly mixed with the metal salt (para. 0055, [mixing, in the melt, the monomer(s) (co) to be (co)polymerized, the electrolyte salt]);
wherein the polymeric precursor comprises at least two monomers (para. 0020, [the thermoplastic polymer is a copolymer obtained by copolymerization of said cyclic monomer with at least one other comonomer]),
each of the monomers is a lactone (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone]),
a lactone cyclic ester (para. 0041, [γ-caprolactone, δ-valerolactone, β-butyrolactone, γ-butyrolactone, and ε-caprolactone]) or
a carbonate ester (para. 0044, trimethylene carbonate)
and the polymer comprises a polyester (para. 0041, chain includes repeating units of the various lactones which results in the polymer comprising a polyester).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 7, 8, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Navarro (WO 2018158545 A1) and further in view of Kono (US 6218053 B1).
Regarding claim 7, Navarro teaches the polymer of claim 6.
Navarro does not teach wherein a weight-average molecular weight of the polymer is Mw, and the following condition is satisfied: 100 Dalton ≤ Mw ≤ 3000 Dalton.
Kono, in the same field of endeavor, polymers used in batteries, teaches that the molecular weight can be controlled by controlling reaction temperature and time (Kono, column 3, lines 59 - 67) and teaches that the reaction conditions has an effect on the weight average molecular weight and number average molecular weight. Kono further teaches that the polymer can have a Mw (weight-average molecular weight)/Mn (number-average molecular weight) ratio of 1.05 to 1.40.
Examiner notes that this satisfies the relationship between Mw and Mn as described in para. 0020 of the instant specification, and since Navarro teaches the range for the number-average molecular weight as explained in claim 6, modified Navarro teaches wherein a weight-average molecular weight of the polymer is Mw, and the following condition is satisfied: 100 Dalton ≤ Mw ≤ 3000 Dalton.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the number-average molecular weight of Navarro’s polymer according to reaction conditions so that the ratio of Mw/Mn is 1.05 to 1.40, as taught by Kono, which would result in a weight-average molecular weight of 100 Dalton ≤ Mw ≤ 3000 Dalton. Satisfying this relationship would be advantageous in order to produce a polymer having a molecular weight distribution dose to that of a monodisperse system (Kono, column 3, lines 61-64).
Regarding claim 8, modified Navarro teaches the polymer of claim 7, wherein the weight-average molecular weight of the polymer is Mw, the number-average molecular weight of the polymer is Mn, and the following condition is satisfied: 1< Mw/Mn ≤ 2.0 (Kono, column 5, lines 7-8, Mw/Mn = 1.05-1.40).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the number-average molecular weight of Navarro’s polymer according to reaction conditions, as taught by Kono, thereby resulting in a weight-average molecular such as 800 and 500,000, as taught by Kono for the number-average molecular weight, in order to produce a polymer having a molecular weight distribution dose to that of a monodisperse system (Kono, column 3, lines 61-64, [molecular weight of living polypropylene produced can be controlled by controlling reaction temperature and time. It is possible to produce polymer having a molecular weight distribution dose to that of the monodisperse system by keeping the polymerization temperature low, in particular -30.degree. C. or lower. When produced at -50.degree. C. or lower, the living polymer can have a Mw (weight-average molecular weight)/Mn (number-average molecular weight) ratio of 1.05 to 1.40.]).
Regarding claim 22, modified Navarro teaches the polymer of claim 16.
Modified Navarro does not teach wherein a weight-average molecular weight of the polymer is Mw, and the following condition is satisfied: 100 Dalton ≤ Mw ≤ 3000 Dalton.
Kono, in the same field of endeavor, polymers used in batteries, teaches that the molecular weight can be controlled by controlling reaction temperature and time (Kono, column 3, lines 59 - 67) and teaches that the reaction conditions has an effect on the weight average molecular weight and number average molecular weight. Kono further teaches that the polymer can have a Mw (weight-average molecular weight)/Mn (number-average molecular weight) ratio of 1.05 to 1.40.
Examiner notes that this satisfies the relationship between Mw and Mn as described in para. 0020 of the instant specification, and since Navarro teaches the range for the number-average molecular weight as explained in claim 16, modified Navarro teaches wherein a weight-average molecular weight of the polymer is Mw, and the following condition is satisfied: 100 Dalton ≤ Mw ≤ 3000 Dalton.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the number-average molecular weight of Navarro’s polymer according to reaction conditions so that the ratio of Mw/Mn is 1.05 to 1.40, as taught by Kono, which would result in a weight-average molecular weight of 100 Dalton ≤ Mw ≤ 3000 Dalton. Satisfying this relationship would be advantageous in order to produce a polymer having a molecular weight distribution dose to that of a monodisperse system (Kono, column 3, lines 61-64).
Regarding claim 23, modified Navarro teaches the polymer of claim 22, and further teaches wherein the weight-average molecular weight of the polymer is Mw, the number-average molecular weight of the polymer is Mn, and the following condition is satisfied: 1< Mw/Mn ≤ 2.0 (Kono, column 5, lines 7-8, Mw/Mn = 1.05-1.40).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the number-average molecular weight of Navarro’s polymer according to reaction conditions, as taught by Kono, thereby resulting in a weight-average molecular such as 800 and 500,000, as taught by Kono for the number-average molecular weight, in order to produce a polymer having a molecular weight distribution dose to that of a monodisperse system (Kono, column 3, lines 61-64, [molecular weight of living polypropylene produced can be controlled by controlling reaction temperature and time. It is possible to produce polymer having a molecular weight distribution dose to that of the monodisperse system by keeping the polymerization temperature low, in particular -30.degree. C. or lower. When produced at -50.degree. C. or lower, the living polymer can have a Mw (weight-average molecular weight)/Mn (number-average molecular weight) ratio of 1.05 to 1.40.])
wherein the weight-average molecular weight of the polymer is Mw, the number-average molecular weight of the polymer is Mn, and the following condition is satisfied: 1< Mw/Mn<2.0.
Claims 9 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Navarro (WO 2018158545 A1) and further in view of Sato (US 20040076885 A1), herein after referred to as Sato 885.
Regarding claim 9, Navarro teaches the polymer of claim 1.
Navarro is silent regarding the viscosity of the polymer.
Sato 885, in the same field of endeavor, polymer electrolytes, teaches wherein a viscosity of the polymer is VC, and the following condition is satisfied:
5cp < VC < 5500 cP
(Sato 885, para. 0076, [it is desirable to adjust the polymer gel electrolyte composition … to a … viscosity … of preferably not more than 100 cps]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have adjusted the viscosity of Navarro’s polymer, as taught by Sato 885, in order to have a polymer with a composition to easily penetrate into the cell assembly and thus provide better productivity and performance, as taught by Sato 885 (para. 0018, [compositions having a low viscosity easily penetrate uniformly and rapidly into the cell assembly and thus provide better productivity and performance]).
Regarding claim 24, Navarro teaches the polymer of claim 16.
Navarro is silent regarding the viscosity of the polymer.
Sato 885, in the same field of endeavor, polymer electrolytes, teaches wherein a viscosity of the polymer is VC, and the following condition is satisfied:
5cp < VC < 5500 cP
(Sato 885, para. 0076, [it is desirable to adjust the polymer gel electrolyte composition … to a … viscosity … of preferably not more than 100 cps]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have adjusted the viscosity of Navarro’s polymer, as taught by Sato 885, in order to have a polymer with a composition to easily penetrate into the cell assembly and thus provide better productivity and performance, as taught by Sato 885 (Sato 885, para. 0018, [compositions having a low viscosity easily penetrate uniformly and rapidly into the cell assembly and thus provide better productivity and performance]).
Claims 13 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Navarro (WO 2018158545 A1) and further in view of Sato (US 20020035903 A1), herein referred to as Sato 903.
Regarding claim 13, Navarro teaches the electrolyte of claim 12.
Navarro does not teach wherein an electrical conductivity of the electrolyte is Ci, and the following condition is satisfied: 1 x 10-6 S cm-1 ≤ Ci.
Sato 903, in the same field of endeavor, batteries, teaches an ion conductive polymer used to cover an electrode active material (Sato 903, para. 0031, [the powdery electrode active material 13 of FIG. 1(A) is covered with an ion conductive polymer]). Sato 903 further teaches that the polymer has an electrical conductivity of 10-3 S cm-1 to 10-5 S cm-1 (Sato 903, para. 0060, [preferably it is an ion conductive polymer, which at least dissolves an ion conductive salt, such as lithium salt, … and exhibits electrical conductivity of 10-3 S cm-1 to 10-5 S cm-1 ]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have made Navarro’s electrolyte polymer to have a conductivity between 10-3 S cm-1 to 10-5 S cm-1 , as taught by Sato 903, in order to enhance the electrical conductivity between the electrode materials, as taught by Sato 903, (Sato 903, para. 0032, [the conductive material arranged in the electrode structure enhances electrical and electronic conductivity between the electrode materials]).
Regarding claim 28, Navarro teaches the electrolyte of claim 27.
Navarro does not teach wherein an electrical conductivity of the electrolyte is Ci, and the following condition is satisfied: 1 x 10-6 S cm-1 ≤ Ci.
Sato 903, in the same field of endeavor, batteries, teaches an ion conductive polymer used to cover an electrode active material (Sato 903, para. 0031, [the powdery electrode active material 13 of FIG. 1(A) is covered with an ion conductive polymer]). Sato 903 further teaches that the polymer has an electrical conductivity of 10-3 S cm-1 to 10-5 S cm-1 (Sato 903, para. 0060, [preferably it is an ion conductive polymer, which at least dissolves an ion conductive salt, such as lithium salt, … and exhibits electrical conductivity of 10-3 S cm-1 to 10-5 S cm-1 ]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have made Navarro’s electrolyte polymer to have a conductivity between 10-3 S cm-1 to 10-5 S cm-1 , as taught by Sato 903, in order to enhance the electrical conductivity between the electrode materials, as taught by Sato 903, (Sato 903, para. 0032, [the conductive material arranged in the electrode structure enhances electrical and electronic conductivity between the electrode materials]).
Claims 1, 3, 4-5, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Andersen (US 20040156949 A1) and further in view of Gavelin (US 20010033974 A1).
Regarding claim 1, Anderson teaches a polymer,
wherein the polymer is polymerized by a polymeric precursor (para. 0013, [a polyester polymer obtainable by the polymerization of two or more different cyclic ester monomers]),
and the polymeric precursor comprises: at least three monomers (para. 0013, [polymerization of two or more … monomers]),
wherein each of the monomers is
a lactone (para. 0019, [polymerization of two or more different cyclic ester monomers, para. 0020, cyclic ester monomers selected from lactones and carbonates),
a lactone cyclic ester (para. 0019, [polymerization of two or more different cyclic ester monomers, para. 0020, cyclic ester monomers selected from lactones and carbonates) (para. 0022, [caprolactone or valerolactone)
or a carbonate ester (para. 0020, [5-membered and 6-membered cyclic carbonates]) (para. 0021, ethylene carbonate or trimethylene carbonate);
wherein the polymer comprises a polyester (para. 0019, [the polyester polymer]),
the polyester is a straight chain (para. 0041 says that the crystallinity may be depressed by incorporating chain branching, thereby inferring that the polymer represented in the art is a straight chain polymer),
an end of the polymer has an inert group (Trimethylene is at the end of the polymer and has the inert ester group. The instant specification recognizes ester groups as inert group – instant specification, para. 0031.),
and the polymer is represented by the following structure: B-C, wherein B is the polyester, and C is the inert group (para. 0031, [poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate)]) in this structure B = co-delta-valerolactone and C = co-trimethylene. Trimethylene is at the end of the polymer and has the inert ester group. The instant specification recognizes ester groups as inert group – instant specification, para. 0031.)
Andersen does not teach that the polymer is part of a battery.
Gavelin, in the same field of endeavor, polymer materials, teaches a polymer electrolyte comprising a polymer gel electrolyte with a metal salt (Gavelin, abstract), the polymer comprising a lactone, cyclic ester, and a carbonate ester (Gavelin, para. 0060).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized Andersen’s polymer in part of a battery polymer electrolyte, as taught by Gavelin (Gavelin, para. 0061), in order to prevent accidental contacts between the electrodes (Gavelin, para. 0061).
Regarding claim 3, Andersen teaches the polymer of claim 1, wherein the polymer is represented by the following structure: C-A2-B-C,
(Andersen, para. 0031, [poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate)])
Examiner notes that the polymer is a repeating unit and thus the polymer in para. 0031 of Andersen satisfies C-A2-B-C.
wherein a polymeric precursor (Andersen, para. 0033, [propylene glycol] used to prepare poly caprolactone – co-valerolactone) of A2 (Andersen, para. 0049, A2 = caprolactone) is a polyol (Examiner notes that propylene glycol is a polyol) a carbon number of the polyol is at least larger than or equal to two (Examiner notes that propylene glycol contains 3 carbons),
B is the polyester (B is the polyester as described above in claim 1), and
C is the inert group (C as described in claim 1 above).
Regarding claim 4, modified Andersen teaches the polymer of claim 1, wherein a total mole number of the lactone and the lactone cyclic ester in the polymeric precursor is M1c, a total mole number of the carbonate ester in the polymeric precursor is Me, and the following condition is satisfied:
0 < M1c/Me ≤ 1.
(Andersen, para. 0046, [the mol percentage of trimethylene carbonate in poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate) may be in the range of 1-50 mol%. Examiner notes that when trimethylene carbonate is 50% then the mol percentage of Me (caprolactone and valerolactone) is equal to 50% which satisfies the equation of claim 4. 0 < M1c/Me = 50/50 ≤ 1.
Regarding claim 5, modified Andersen teaches the polymer of claim 1, wherein a total mole number of the lactone and the lactone cyclic ester in the polymeric precursor is Mlc, a total mole number of the carbonate ester in the polymeric precursor is Me, and the following condition is satisfied:
2 ≤ M1c/Me < 50.
(Andersen, para. 0046, [the mol percentage of trimethylene carbonate in poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate) may be in the range of 1-50 mol%. Examiner notes that when trimethylene carbonate is 33% to 2% then the mol percentage of Me (caprolactone and valerolactone) is 67% to 98% which satisfies the equation of claim 4. 2 ≤ M1c/Me < 50.
Regarding claim 10, modified Andersen teaches the polymer of claim 1, wherein a glass transition temperature of the polymer is Tg, and the following condition is satisfied: -80°C< Tg <0°C.
(Andersen, para. 0103 and Table 3: Tg = -65°C )
Regarding claim 11, modified Andersen teaches the polymer of claim 10, wherein the polymer is without a melting point in a temperature range, the temperature range is Tr, and the following condition is satisfied: -80°C< Tr < 20°C.
(para. 0103 and Table 3: Tr = 8°C )
Claims 16-17, 19-21, and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Andersen (US 20040156949 A1) and further in view of Gavelin (US 20010033974 A1) and Kono (US 6218053 B1).
Regarding claim 16, Andersen teaches a polymer, wherein the polymer is polymerized by a polymeric precursor (Andersen, para. 0013, [a polyester polymer obtainable by the polymerization of two or more different cyclic ester monomers]), and the polymeric precursor comprises: at least two monomers (Andersen, para. 0013, [polymerization of two or more … monomers]), wherein each of the monomers is
a lactone (Andersen, para. 0019, [polymerization of two or more different cyclic ester monomers, para. 0020, cyclic ester monomers selected from lactones and carbonates),
a lactone cyclic ester (Andersen, para. 0019, [polymerization of two or more different cyclic ester monomers, para. 0020, cyclic ester monomers selected from lactones and carbonates) (para. 0022, [caprolactone or valerolactone)
or a carbonate ester (Andersen, para. 0020, [5-membered and 6-membered cyclic carbonates]) (para. 0021, ethylene carbonate or trimethylene carbonate);
wherein the polymer comprises a polyester (Andersen, para. 0019, [the polyester polymer]), the polyester is a straight chain (Andersen, para. 0041 says that the crystallinity may be depressed by incorporating chain branching, thereby inferring that the polymer represented in the art is a straight chain polymer).
Andersen does not teach that the polymer is a composition of a battery.
Gavelin, in the same field of endeavor, polymer materials, teaches a polymer electrolyte comprising a polymer gel electrolyte with a metal salt (Gavelin, abstract), the polymer comprising a lactone, cyclic ester, and a carbonate ester (Gavelin, para. 0060).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized Andersen’s polymer in part of a battery polymer electrolyte, as taught by Gavelin (Gavelin, para. 0061), in order to prevent accidental contacts between the electrodes (Gavelin, para. 0061).
Andersen does not teach a number-average molecular weight of the polymer is Mn, and the following condition is satisfied: 100 Dalton ≤ Mn ≤ 3000 Dalton.
Kono, in the same field of endeavor, polymers used in batteries, teaches that the molecular weight can be controlled by controlling reaction temperature and time (Kono, column 3, lines 59 - 67) and teaches that the reaction conditions has an effect on the weight average molecular weight and number average molecular weight. Kono further teaches a polymer having a number-average molecular weight of 800 to 500,000 (Kono, column 5, lines 5-8).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. 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) [MPEP 2144.05].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the number-average molecular weight of Andersen’s polymer according to reaction conditions, as taught by Kono, thereby resulting in a number-average molecular weight between 800 and 500,000, as taught by Kono, in order to produce a polymer having a molecular weight distribution dose to that of a monodisperse system (Kono, column 3, lines 61- 64).
Regarding claim 17, modified Andersen teaches the polymer of claim 16, wherein an end of the polymer has an inert group (Andersen, para. 0031, [poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate)]) in this structure B = co-delta-valerolactone and C = co-trimethylene. Trimethylene is at the end of the polymer and has the inert ester group. The instant specification recognizes ester groups as inert group – instant specification, para. 0031.
Regarding claim 19, modified Andersen teaches the polymer of claim 17, wherein the polymer is represented by the following structure: C-A2-B-C,
(Andersen, para. 0031, [poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate)])
Examiner notes that the polymer is a repeating unit and thus the polymer in para. 0031 of Andersen satisfies C-A2-B-C.
wherein a polymeric precursor (Andersen, para. 0033, [propylene glycol] used to prepare poly caprolactone – co-valerolactone) of A2 (Andersen, para. 0049, A2 = caprolactone) is a polyol (Examiner notes that propylene glycol is a polyol) a carbon number of the polyol is at least larger than or equal to two (Examiner notes that propylene glycol contains 3 carbons),
B is the polyester (B is the polyester as described above in claim 1), and
C is the inert group (C as described in claim 1 above).
Regarding claim 20, Andersen teaches the polymer of claim 16, wherein a total mole number of the lactone and the lactone cyclic ester in the polymeric precursor is M1c, a total mole number of the carbonate ester in the polymeric precursor is Me, and the following condition is satisfied:
0 < M1c/Me ≤ 1.
(Andersen, para. 0046, [the mol percentage of trimethylene carbonate in poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate) may be in the range of 1-50 mol%. Examiner notes that when trimethylene carbonate is 50% then the mol percentage of Me (caprolactone and valerolactone) is equal to 50% which satisfies the equation of claim 4. 0 < M1c/Me = 50/50 ≤ 1.
Regarding claim 21, Andersen teaches the polymer of claim 16, wherein a total mole number of the lactone and the lactone cyclic ester in the polymeric precursor is Mlc, a total mole number of the carbonate ester in the polymeric precursor is Me, and the following condition is satisfied:
2 ≤ M1c/Me < 50.
(Andersen, para. 0046, [the mol percentage of trimethylene carbonate in poly (epsilon-caprolactone-co-delta-valerolactone-co-trimethylene carbonate) may be in the range of 1-50 mol%. Examiner notes that when trimethylene carbonate is 33% to 2% then the mol percentage of Me (caprolactone and valerolactone) is 67% to 98% which satisfies the equation of claim 4. 2 ≤ M1c/Me < 50.
Regarding claim 25, Andersen teaches the polymer of claim 16, wherein a glass transition temperature of the polymer is Tg, and the following condition is satisfied: -80°C< Tg <0°C.
(Andersen, para. 0103 and Table 3: Tg = -65°C )
Regarding claim 26, Andersen teaches the polymer of claim 25, wherein the polymer is without a melting point in a temperature range, the temperature range is Tr, and the following condition is satisfied: -80°C< Tr < 20°C.
(Andersen, para. 0103 and Table 3: Tr = 8°C )
Conclusion
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/V.G./Examiner, Art Unit 1721
/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721