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 U.S.C. § 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 of this title, 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.
Claims 1 and 3-6 are rejected under 35 U.S.C. § 103 as being unpatentable over Fukumine et al., U.S. Patent App. Pub. No. 2018/0198126 A1 [hereinafter Fukumine] in view of Zhang et al., U.S. Patent App. Pub. No. 2014/0272567 A1 [hereinafter Zhang].
The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes.
1. The following references render this claim obvious.
I. Fukumine
A binder composition (binder composition; Fukumine title, abstract) for a… secondary battery (secondary battery; id.) comprising
a polymer (copolymer; id.) and an aromatic halide (ortho-dichlorobenzene; Fukumine [0086]),
wherein the polymer includes a nitrile group-containing monomer unit in a proportion of not less than 10 mass% and not more than 35 mass% (nitrile group containing monomer 10 mass% or more; Fukumine [0052]-[0056]) and a (meth)acrylic acid ester monomer unit {(meth)acrylic acid ester monomer; Fukumine [0057]-[0060]} in a proportion of not less than 15 mass% and not more than 40 mass% (25 mass% or less; Fukumine [0074]),
the aromatic halide has a structure in which not less than 2 and not more than 4 halogen atoms are bonded directly to an aromatic ring (ortho-dichlorobenzene; Fukumine [0086])… .
The “for an all-solid-state” recitation is intended use. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. MPEP § 2114. Because the cited prior art teaches the structural limitations of the claim, the prior art is also structurally capable of performing the claimed intentions and therefore reads on the claimed language. See id.
II. Aromatic Halide Concentration - Zhang
Fukumine is silent on the content of the aromatic halide is not less than 5 mass ppm and not more than 3,000 mass ppm relative to content of the polymer.
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious. MPEP § 2144.05.
Zhang teaches that the dichlorobenzene amount is a variable that achieves the recognized result of affecting the viscosity. See Zhang [0059], [0061]. A person having ordinary skill in the art would have recognized that the polymer to be a solid that would also affect the viscosity by increasing it. Thus the content of the aromatic halide relative to the polymer is a result-effective variable.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have routinely experimented with the variable and determined the optimum or workable range to be inclusive of the claimed range/value(s).
3. The binder composition for an all-solid-state secondary battery according to claim 1, further comprising a metal belonging to group 1 or group 2 of the periodic table (sodium) in an amount of not less than 5 mass ppm and not more than 3,000 mass ppm relative to the content of the polymer {(22.99 g Na/mol / ~340 g Na Alkylbenezenesulfonate/mol) * (2.5 parts Na Alkylbenezenesulfonate / (85% conversion * (35 parts acrylonitrile + 65 parts 1,3-butadiene)) = ~1,989 mass ppm Na relative to the polymer}. Fukumine [0179].
4. The binder composition for an all-solid-state secondary battery according to claim 1,wherein the polymer has an iodine value of not less than 0.5 mg/100 mg and not more than 20 mg/100 mg (3 mg/100 mg or more). Fukumine [0079].
5. The binder composition for an all-solid-state secondary battery according to claim 1, wherein a number of carbon atoms forming an alkyl group that is bonded to a non-carbonyl oxygen atom in the (meth)acrylic acid ester monomer unit is not less than 4 and not more than 9 (at least 4 with n-butyl acrylate). Fukumine [0060].
6. The binder composition for an all-solid-state secondary battery according to claim 1, further comprising a solvent (solvent). Fukumine [0015], [0085]-[0086].
Claim 2 is rejected under 35 U.S.C. § 103 as being unpatentable over Fukumine in view of Zhang as applied to claim 1 previously, and further in view of Katagiri et al., U.S. Patent App. Pub. No. 2017/0352915 A1 [hereinafter Katagiri].
2. The binder composition for an all-solid-state secondary battery according to claim 1, further comprising a metal belonging to period 5 of the periodic table and belonging to groups 3 to 14 of the periodic table in an amount of not less than 0.5 mass ppm and not more than 200 mass ppm relative to the content of the polymer. Fukumine is silent on this.
However, Katagiri teaches that ruthenium and/or rhodium that is 0.4-4,000 ppm by mass of the binder enables formation of a good SEI film which improves life characteristics. Katagiri [0113]-[0116].
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s binder composition with Katagiri’s ruthenium and/or rhodium at 0.4-4,000 ppm by mass of the binder to enable formation of a good SEI film to improve life characteristics.
Allowable Subject Matter
Claims 7-11 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Fukumine et al., U.S. Patent App. Pub. No. 2018/0198126 A1 [hereinafter Fukumine] is the closest prior art of record. Fukumine teaches:
A binder composition (binder composition; Fukumine title, abstract) for a… secondary battery (secondary battery; id.) comprising
a polymer (copolymer; id.) and an aromatic halide (ortho-dichlorobenzene; Fukumine [0086]),
wherein the polymer includes a nitrile group-containing monomer unit in a proportion of not less than 10 mass% and not more than 35 mass% (nitrile group containing monomer 10 mass% or more; Fukumine [0052]-[0056]) and a (meth)acrylic acid ester monomer unit {(meth)acrylic acid ester monomer; Fukumine [0057]-[0060]} in a proportion of not less than 15 mass% and not more than 40 mass% (25 mass% or less; Fukumine [0074]),
the aromatic halide has a structure in which not less than 2 and not more than 4 halogen atoms are bonded directly to an aromatic ring (ortho-dichlorobenzene; Fukumine [0086])… .
The “for an all-solid-state” recitation is intended use. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. MPEP § 2114. Because the cited prior art teaches the structural limitations of the claim, the prior art is also structurally capable of performing the claimed intentions and therefore reads on the claimed language. See id.
Fukumine and the prior art of record do not teach a solid electrolyte, instead teaching an electrolyte solution. Fukumine [0144]-[0147].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoshida et al., U.S. Patent App. Pub. No. 2013/0040206 A1 (teaching the use of a copolymer for a solid-state layer, but lacks an aromatic halide).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794