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
The amendment filed on May 18, 2026 is acknowledged. Claim 1 is currently amended. Claims 16-18 are newly presented. Claims 1-18 remain pending in the application.
The previous rejections under 35 U.S.C. 103 are withdrawn due to Applicant’s amendment.
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 nonobviousness.
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.
Claims 1-7 and 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Akiike (US 2016/0013465 A1).
Regarding claim 1, Akiike discloses a binder for a secondary battery functional layer comprising a particulate polymer ([0067], particulate polymer functioning as a binder), wherein the particulate polymer includes a cyano group-containing monomer unit ([0072]-[0074], nitrile group-containing monomer unit), a cyclic ether-containing monomer unit ([0078]-[0088], crosslinkable monomer unit that may have an epoxy group, an oxetanyl group, an oxazoline group, or combinations thereof), a carboxyl group-containing monomer unit ([0075]-[0077], ethylenically unsaturated acid monomer that may be a monomer having a carboxylic acid), and a cross-linkable monomer unit ([0089]-[0090], optional structural unit that may be a ethylenically unsaturated carboxylic acid amide monomer such as N-methoxymethyl (meth)acrylamide), and proportional content of the cyclic ether-containing monomer unit in the particulate polymer is 5 mass% or more ([0088], ratio of crosslinkable monomer unit is preferably 0.5 to 10% by weight), and proportional content of the cross-linkable monomer unit in the particulate polymer is 0.2 mass% or more ([0090], ratio of optional structural unit is preferably 10% by weight or less). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Akiike further discloses Examples 1-2, 4-11, and 13-14 (Tables 1-4), each including a cyano group-containing monomer unit (BA/2EHA), a cyclic ether-containing monomer unit at 1 mass% (AGE), and a carboxyl group-containing monomer unit (MAA). From the previous teachings of Akiike, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the crosslinkable monomer unit, in particular having an epoxy group, an oxetanyl group, or an oxazoline group, in an amount of 5 to 10 mass%, improving polymer mechanical strength and reducing swelling while maintaining flexibility and improving binding property ([0088]). Additionally, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the optional structural units, in particular the crosslinkable monomer unit N-methoxymethyl (meth) acrylamide, in an amount of 0.2 to 10 mass%, improving slurry properties and porous membrane component dispersibility, and reducing battery resistance ([0089]).
Regarding claim 2, Akiike discloses the limitations of claim 1. Akiike further discloses wherein the proportional content of the cyclic ether-containing monomer unit in the particulate polymer is 40 mass% or less ([0088], ratio of crosslinkable monomer unit is preferably 0.5 to 10% by weight).
Regarding claim 3, Akiike discloses the limitations of claim 1. Akiike further discloses wherein the particulate polymer has one glass-transition temperature ([0093], glass transition temperature preferably between -60°C and 20°C).
Regarding claim 4, Akiike discloses the limitations of claim 1. Akiike further discloses wherein the particulate polymer has a glass-transition temperature of 20°C or lower ([0093], glass transition temperature preferably between -60°C and 20°C).
Regarding claim 5, Akiike discloses the limitations of claim 1. Akiike further discloses wherein proportional content of the cyano group-containing monomer unit in the particulate polymer is not less than 2 mass% and not more than 30 mass% ([0074], ratio of nitrile group-containing monomer unit is more preferably 2 to 25% by weight).
Regarding claim 6, Akiike discloses the limitations of claim 1. Akiike further discloses wherein proportional content of the carboxyl group-containing monomer unit in the particulate polymer is not less than 0.1 mass% and not more than 10 mass% ([0077], ratio of ethylenically unsaturated acid monomer unit is preferably 0.5 to 10% by weight).
Regarding claim 7, Akiike discloses the limitations of claim 1. Akiike further discloses wherein the particulate polymer further includes a (meth)acrylic acid alkyl ester monomer unit ([0069]-[0071], (meth)acrylic acid ester monomer unit), and proportional content of the (meth)acrylic acid alkyl ester monomer unit in the particulate polymer is not less than 40 mass% and not more than 92 mass% ([0071], ratio of the (meth)acrylic acid ester monomer unit is more preferably 45 to 98% by weight). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 9, Akiike discloses the limitations of claim 1. Akiike further discloses wherein the particulate polymer has a volume-average particle diameter of not less than 0.05 μm and not more than 0.25 μm ([0095], volume average particle diameter of the particulate polymer is more preferably 70 to 400 nm). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 10, Akiike discloses the limitations of claim 1. Akiike further discloses slurry composition for a secondary battery functional layer comprising the binder for a secondary battery functional layer according to claim 1 ([0026], slurry).
Regarding claim 11, Akiike discloses the limitations of claim 10. Akiike further discloses the slurry composition further comprising functional particles ([0026], non-conductive particles).
Regarding claim 12, Akiike discloses the limitations of claim 11. Akiike further discloses wherein the functional particles include non-conductive particles ([0026], non-conductive particles).
Regarding claim 13, Akiike discloses the limitations of claim 12. Akiike further discloses wherein the non-conductive particles have a volume-average particle diameter of 1.5 μm or less ([0032], D50 of non-conductive particles is preferably 0.5 to 0.9 μm).
Regarding claim 14, Akiike discloses the limitations of claim 10. Akiike further discloses a functional layer for a secondary battery formed using the slurry composition for a secondary battery functional layer according to claim 10 ([0016], porous membrane).
Regarding claim 15, Akiike discloses the limitations of claim 14. Akiike further discloses a secondary battery comprising the functional layer for a secondary battery according to claim 14 ([0016], secondary battery).
Regarding claim 16, Akiike discloses a binder for a secondary battery functional layer comprising a particulate polymer ([0067], particulate polymer functioning as a binder), wherein the particulate polymer includes a cyano group-containing monomer unit ([0072]-[0074], nitrile group-containing monomer unit), a cyclic ether-containing monomer unit ([0078]-[0088], crosslinkable monomer unit that may be an epoxy group, an oxetanyl group, an oxazoline group, or combinations thereof), a carboxyl group-containing monomer unit ([0075]-[0077], ethylenically unsaturated acid monomer that may be a monomer having a carboxylic acid), and a cross-linkable monomer unit ([0089]-[0090], optional structural unit that may be a ethylenically unsaturated carboxylic acid amide monomer such as N-methoxymethyl (meth)acrylamide), and proportional content of the cyclic ether-containing monomer unit in the particulate polymer is 5 mass% or more ([0088], ratio of crosslinkable monomer unit is preferably 0.5 to 10% by weight), and proportional content of the cross-linkable monomer unit in the particulate polymer is 0.4 mass% or more ([0090], ratio of optional structural unit is preferably 10% by weight or less). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Akiike further discloses Examples 1-2, 4-11, and 13-14 (Tables 1-4), each including a cyano group-containing monomer unit (BA/2EHA), a cyclic ether-containing monomer unit at 1 mass% (AGE), and a carboxyl group-containing monomer unit (MAA). From the previous teachings of Akiike, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the crosslinkable monomer unit, in particular having an epoxy group, an oxetanyl group, or an oxazoline group, in an amount of 5 to 10 mass%, improving polymer mechanical strength and reducing swelling while maintaining flexibility and improving binding property ([0088]). Additionally, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the optional structural units, in particular the crosslinkable monomer unit N-methoxymethyl (meth) acrylamide, in an amount of 0.4 to 10 mass%, improving slurry properties and porous membrane component dispersibility, and reducing battery resistance ([0089]).
Regarding claim 17, Akiike discloses a binder for a secondary battery functional layer comprising a particulate polymer ([0067], particulate polymer functioning as a binder), wherein the particulate polymer includes a cyano group-containing monomer unit ([0072]-[0074], nitrile group-containing monomer unit), a cyclic ether-containing monomer unit ([0078]-[0088], crosslinkable monomer unit that may be an epoxy group, an oxetanyl group, an oxazoline group, or combinations thereof), and a carboxyl group-containing monomer unit ([0075]-[0077], ethylenically unsaturated acid monomer that may be a monomer having a carboxylic acid), and proportional content of the cyclic ether-containing monomer unit in the particulate polymer is 10 mass% or more ([0088], ratio of crosslinkable monomer unit is preferably 0.5 to 10% by weight). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Akiike further discloses Examples 1-2, 4-11, and 13-14 (Tables 1-4), each including a cyano group-containing monomer unit (BA/2EHA), a cyclic ether-containing monomer unit at 1 mass% (AGE), and a carboxyl group-containing monomer unit (MAA). From the previous teachings of Akiike, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the crosslinkable monomer unit, in particular having an epoxy group, an oxetanyl group, or an oxazoline group, in an amount of 10 mass%, improving polymer mechanical strength and reducing swelling while maintaining flexibility and improving binding property ([0088]).
Regarding claim 18, Akiike discloses a binder for a secondary battery functional layer comprising a particulate polymer ([0067], particulate polymer functioning as a binder), wherein the particulate polymer includes a cyano group-containing monomer unit ([0072]-[0074], nitrile group-containing monomer unit), a cyclic ether-containing monomer unit ([0078]-[0088], crosslinkable monomer unit that may be an epoxy group, an oxetanyl group, an oxazoline group, or combinations thereof), a carboxyl group-containing monomer unit ([0075]-[0077], ethylenically unsaturated acid monomer that may be a monomer having a carboxylic acid), and a cross-linkable monomer unit ([0089]-[0090], optional structural unit that may be a ethylenically unsaturated carboxylic acid amide monomer such as N-methoxymethyl (meth)acrylamide), and proportional content of the cyclic ether-containing monomer unit in the particulate polymer is 10 mass% or more ([0088], ratio of crosslinkable monomer unit is preferably 0.5 to 10% by weight). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Akiike further discloses Examples 1-2, 4-11, and 13-14 (Tables 1-4), each including a cyano group-containing monomer unit (BA/2EHA), a cyclic ether-containing monomer unit at 1 mass% (AGE), and a carboxyl group-containing monomer unit (MAA). From the previous teachings of Akiike, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the crosslinkable monomer unit, in particular having an epoxy group, an oxetanyl group, or an oxazoline group, in an amount of 10 mass%, improving polymer mechanical strength and reducing swelling while maintaining flexibility and improving binding property ([0088]). Additionally, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the optional structural units, in particular the crosslinkable monomer unit N-methoxymethyl (meth) acrylamide, in an amount of 10 mass% or less, improving slurry properties and porous membrane component dispersibility, and reducing battery resistance ([0089]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Akiike (US 2016/0013465 A1) as applied to claim 1 above, and further in view of Yamamoto (US 2016/0036055 A1).
Regarding claim 8, Akiike discloses the limitations of claim 1. Kaneda does not disclose wherein the particulate polymer has a gel content of 85 mass% or more.
Yamamoto discloses wherein the particulate polymer has a gel content of 85 mass% or more
([0150], gel content of the third particulate binder that includes the copolymer (C) is preferably 70% by mass or more to 98% by mass or less).
Akiike and Yamamoto are both considered to be analogous to the claimed invention because they are in the same field of secondary battery functional layer polymer binders.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the binder of Akiike to incorporate the teachings of Yamamoto, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)). Doing so would improve adherence and suppress deterioration of electrical characteristics such as cycle characteristics (Yamamoto [0152]).
Response to Arguments
Applicant’s arguments with respect to claims 1-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In response to Applicant’s provision of supplemental data and arguments that Applicant has demonstrated the criticality of limiting the cross-linkable monomer unit content to 0.4 mass% or more (pages 9-10 of Applicant’s remarks) and of limiting the cyclic ether-containing monomer unit content to 10 mass% or more (pages 15-16 of Applicant’s remarks), it is the examiner’s position that Applicant has not demonstrated the criticality of these limitations in scope with the amended claims. Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the "objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support." In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980) (see MPEP § 716.02(d)). Applicant’s supplemental data, provided in the amendment filed on May 18, 2026, and Tables 1 and 2, provided in the specification filed on May 18, 2023, shows data for two types of each monomer unit. The limitations of the currently amended claims are far broader than the data provided, generally reciting “a cyano group-containing monomer unit,” “a cyclic ether-containing monomer unit, “a carboxyl group-containing monomer unit,” a cross-linkable monomer unit,” and “a (meth)acrylic acid alkyl ester monomer unit”. For this reason, Applicant’s arguments are not persuasive, and amended claim 1 and new claims 16-18 are rejected in view of Akiike.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kaneda (JP 6233404 B2) discloses coating particles A that are covered with a water-insoluble polymer that has binding properties ([0029]-[0030]) and a composition similar to the limitations of the amended claims ([0038]-[0053]). Fukumine (US 2018/0301744 A1) discloses a particulate polymer acting as a water-insoluble binder ([0070]) that has a composition similar to the limitations of the amended claims ([0076]-[0114]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)272-0880. The examiner can normally be reached M to F 8:45AM to 4:45PM.
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 21 July 2026
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