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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
The Information Disclosure Statement (IDS) received 1/16/2026 has been considered by the examiner.
Response to Amendment
In response to the amendment received on 3/12/2026:
Claims 1-8 are pending in the current application. Claim 1 has been amended.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are necessitated by the amendment.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Response to Arguments
Applicant's arguments are based on the claims as amended. The amended claims have been addressed in the new rejection below.
Claim Rejections - 35 USC § 103
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. KR-101970648-B1 (US-20200194792-A1 used as translation and cited in PTO-892) (hereinafter “Han”).
Regarding Claim 1, Han discloses a binder composition for a non-aqueous secondary battery electrode (binder composition for a secondary battery and an electrode slurry including the same), comprising: a particulate polymer formed from a random copolymer (polymer of a monomer mixture) consisting of at least one structural unit derived from an aromatic vinyl monomer (aromatic vinyl monomer (a3)), a structural unit derived from a conjugated diene monomer (conjugated diene monomer (a1)), and a structural unit derived from an acid monomer (ethylenically unsaturated carboxylic acid monomer (a2)) (see abstract and paragraphs [0002]-[0005] and [0010]-[0013]), wherein
the structural unit derived from an aromatic vinyl monomer may be included in an amount of 1-50 parts by weight based on 100 parts by weight of the monomer mixture (which is an equivalent measurement to 1-50 mass% relative to 100 mass% of the particulate polymer) and discloses a specific embodiment including the aromatic vinyl monomer (styrene) in an amount of 35 parts by weight (which is an equivalent measurement to 35 mass% relative to 100 mass% of the particulate polymer) (see Example 1 and paragraphs [0024]-[0025], [0032], and [0076]). This falls within and therefore anticipates the claimed range of the aromatic vinyl monomer having a percentage content of more than 5 mass% and 40 mass% or less relative to 100 mass% of the particulate polymer.
Han further discloses the structural unit derived from a conjugated diene monomer contains a structural unit derived from isoprene, and may be included in an amount of 10-50 parts by weight based on 100 parts by weight of the monomer mixture (which is an equivalent measurement to 10-50 mass% relative to total 100 mass% of the structural unit derived from an aromatic vinyl monomer, the structural unit derived from a conjugated diene monomer, and the structural unit derived from an acid monomer) and discloses a specific embodiment including the conjugated diene monomer (1,3-butadiene) in an amount of 61 parts by weight (which is an equivalent measurement to 61 mass% relative to total 100 mass% of the structural unit derived from an aromatic vinyl monomer, the structural unit derived from a conjugated diene monomer, and the structural unit derived from an acid monomer) (see Example 1 paragraphs [0020]-[0021], [0032], and [0076]). Since Han teaches the conjugated diene monomer may be isoprene as a functional alternative to 1,3-butadiene (see paragraph [0020]), a skilled artisan is capable of using isoprene in an amount of 61 mass%. This substantially overlaps and therefore renders obvious the claimed range of the structural unit derived from isoprene having a percentage content of 20 mass% or more relative to total 100 mass% of the structural unit derived from an aromatic vinyl monomer, the structural unit derived from a conjugated diene monomer, and the structural unit derived from an acid monomer.
Han also discloses the polymer may optionally contain a vinyl cyan-based monomer (nitrile) and a (meth)acrylamide-based monomer (see paragraphs [0026]-[0030]).
Regarding Claim 2, Han discloses the binder composition for a non-aqueous secondary battery electrode according to claim 1 (see rejection of claim 1 above). Han further discloses the structural unit derived from an acid monomer may be included in an amount of 3-10 parts by weight based on 100 parts by weight of the monomer mixture (which is an equivalent measurement to 3-10 mass% relative to 100 mass% of the particulate polymer) and discloses a specific embodiment including the acid monomer in an amount of 4 parts by weight (which is an equivalent measurement to 4 mass% relative to 100 mass% of the particulate polymer) (see Example 1 and paragraphs [0023], [0032], and [0076]). This falls within and therefore anticipates the claimed range of the structural unit derived from an acid monomer having a percentage content of 3 mass% or more and 9 mass% or less relative to 100 mass% of the particulate polymer.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to Claim 1 above, and further in view of Xiang et al. CN-107868160-A (hereinafter “Xiang”).
Regarding Claim 3, Han discloses the binder composition for a non-aqueous secondary battery electrode according to claim 1 (see rejection of claim 1 above).
Han is silent on the particulate polymer having an average particle diameter of 60 nm or more and 300 nm or less.
However, in the same field of endeavor of polymer binders (see abstract), Xiang discloses a particulate polymer having an average particle diameter of 50 to 300 nm, and discloses the particle size is 215 nm in Example 7 (see paragraphs [0010] and [0067]-[0069]). This value falls within and therefore anticipates the claimed range of the particulate polymer having an average particle diameter of 60 nm or more and 300 nm or less. A skilled artisan would recognize this as an appropriate particle size for a polymer binder in a non-aqueous secondary battery electrode.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the binder composition for a non-aqueous secondary battery electrode of Han wherein the particulate polymer has an average particle diameter of 60 nm or more and 300 nm or less, as disclosed by Xiang, as it is an appropriate and known size for a polymer binder in a non-aqueous secondary battery electrode.
Claims 4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to Claim 1 above, and further in view of Kurata et al. US-20160248095-A1 (hereinafter “Kurata”).
Regarding Claim 4, Han discloses the binder composition for a non-aqueous secondary battery electrode according to claim 1 (see rejection of claim 1 above).
Han is silent on the binder composition for a non-aqueous secondary battery electrode having a pH of 6 or more and 9 or less.
However, in the same field of endeavor of binder compositions in battery electrodes (see abstract), Kurata discloses the pH of a binder used in a battery electrode may preferably range from 6 to 9, and discloses that an appropriate pH affects the durability of the battery (see paragraphs [0047], [0051], [0059], and [0088]). This range falls within and therefore anticipates the claimed range of the binder composition for a non-aqueous secondary battery electrode having a pH of 6 or more and 9 or less. A skilled artisan would recognize this as an appropriate pH for a polymer binder in a non-aqueous secondary battery electrode.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the binder composition for a non-aqueous secondary battery electrode of Han wherein the binder composition has a pH of 6 or more and 9 or less, as disclosed by Kurata, as it is an appropriate and known pH range for a binder composition for a non-aqueous secondary battery electrode.
Regarding Claim 6, Han discloses the binder composition for a non-aqueous secondary battery electrode according to claim 1 (see rejection of claim 1 above). Han further discloses a slurry composition for a non-aqueous secondary battery electrode comprising the binder composition for a non-aqueous secondary battery electrode according to the aforementioned claim 1 and an electrode active material (natural graphite) (see paragraphs [0010]-[0011], [0058]-[0059], [0067], [0083], and [0086]).
Han is silent on the slurry containing at least one of a dispersant and a viscosity modifier.
However, Kurata discloses a slurry composition for a non-aqueous secondary battery electrode comprising a polymer binder, an electrode active material, and at least one of a dispersant and a viscosity modifier (dispersion medium and thickener) to improve the coatability of the slurry (see abstract and paragraphs [0052], [0056]-[0059]). A skilled artisan would recognize this as an appropriate material to use in a negative electrode slurry. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the slurry composition of Han by including at least one of a dispersant and a viscosity modifier, as disclosed by Kurata, as it is an appropriate material to use in an electrode slurry to improve coatability.
Regarding Claim 7, modified Han discloses the slurry composition for a non-aqueous secondary battery electrode according to claim 6 (see rejection of claim 6 above). Han further discloses an electrode for a non-aqueous secondary battery comprising an electrode mixed material layer formed using the slurry composition for a non-aqueous secondary battery electrode according to the aforementioned claim 6 (see paragraphs [0010]-[0011], [0058]-[0059], [0067], and [0086]).
Regarding Claim 8, modified Han discloses the electrode for a non-aqueous secondary battery according to claim 7 (see rejection of claim 7 above). Han further discloses a non-aqueous secondary battery comprising a positive electrode, a negative electrode, a separator, and an electrolyte solution, wherein the negative electrode is the electrode for a non-aqueous secondary battery according to the aforementioned claim 7 (see paragraphs [0010]-[0011], [0058]-[0059], [0067]-[0073], and [0086]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to Claim 1 above, and further in view of Sasaki US-20140205904-A1 (hereinafter “Sasaki”).
Regarding Claim 5, Han discloses the binder composition for a non-aqueous secondary battery electrode according to claim 1 (see rejection of claim 1 above). Han further discloses the binder comprises an aqueous phase containing an acidic water-soluble polymer (acid containing polymer that may use water as a solvent) and molecular weight regulators may be added (see paragraphs [0010]-[0011], [0035], [0055], and [0076]).
Han is silent on wherein the acidic water-soluble polymer has a weight-average molecular weight of 10,000 or more and 100,000 or less.
However, in the same field of endeavor of binders comprising water-soluble polymers (see abstract), Sasaki discloses a binder comprising a water-soluble polymer, wherein the water-soluble polymer has a weight average molecular weight of preferably 1,000 or larger and 100,000 or smaller (see paragraphs [0016] and [0130]). This range substantially overlaps and therefore renders obvious the claimed range of the acidic water-soluble polymer having a weight-average molecular weight of 10,000 or more and 100,000 or less.
Sasaki additionally discloses when the weight average molecular weight of the water-soluble polymer is set to a value equal to or larger than the lower limit, the strength of the water-soluble polymer can be increased, whereby a stable protective layer that covers the negative electrode active material can be formed, which enables improvement of, e.g., dispersibility of the negative electrode active material and high-temperature storage property of the secondary battery (see paragraph [0130]). Sasaki also discloses when the weight average molecular weight is set to a value equal to or lower than the upper limit, the water-soluble polymer can be made flexible, which enables, e.g., suppression of swelling of the negative electrode and improvement of the adhesion property of the negative electrode active material layer to the current collector (see paragraph [0130]). As such, the weight-average of the water-soluble polymer is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the binder composition for a non-aqueous secondary battery electrode of Han wherein the acidic water-soluble polymer has a weight-average molecular weight of 10,000 or more and 100,000 or less, as disclosed by Sasaki, in order to ensure a stable protective layer that covers the negative electrode active material and flexibility of the water-soluble polymer.
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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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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