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 9/02/2026 has been considered by the examiner.
Response to Amendment
In response to the amendment received on 6/04/2026:
Claims 1-7 and 9-17 are pending in the current application. Claims 1 and 12 have been amended and Claim 8 is canceled.
The cores of the previous prior art-based rejections are maintained 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 have been fully considered.
Applicant argues that Sasaki discloses the inorganic fine particles have a volume-average particle diameter that is 140% of the volume-average particle diameter of the particulate polymer and therefore teaches away from the claimed relationship of the inorganic fine particles having a volume-average particle diameter that is not less than 2% and not more than 25% of the volume-average particle diameter of the particulate polymer.
The examiner respectfully disagrees. Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). “A known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use.” In re Gurley, 27 F.3d 551, 554, 31 USPQ2d 1130, 1132 (Fed. Cir. 1994).
Further, the ranges disclosed for the volume-average particle diameter of the inorganic fine particles and particulate polymer overlap to render the claimed relationship obvious and as such do not teach away from the claimed ratio (since the claimed ratio can be achieved through the teachings provided). Sasaki discloses the volume average particle diameter of the inorganic fine particles is preferably 0.1 μm or more and 0.8 µm or less and the organic particles of the particulate polymer preferably have a volume-average diameter of 0.3 μm or more and 10 µm or less (see paragraphs [0033] and [0058]). Based on the ranges taught by Sasaki, a skilled artisan can, for example, choose a volume-average particle diameter of the inorganic fine particles of 0.4 μm and a volume-average particle diameter of the particulate polymer of 2 μm to arrive at a ratio of 20% (0.4/2=0.2).
Applicant further argues unexpected results occur when the inorganic fine particles have a volume-average particle diameter that is not less than 2% and not more than 25% of the volume-average particle diameter of the particulate polymer.
However, there does not appear to be enough evidence to establish unexpected results. Criticality of the range and endpoints has not been clearly demonstrated.
Claim Rejections - 35 USC § 103
Claims 1-3 and 5-7, and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. US-20180327639-A1 (hereinafter “Tanaka”) in view of Sasaki et al. US-20170200932-A1 (hereinafter “Sasaki”).
Regarding Claim 1, Tanaka discloses a composition for an electrochemical device functional layer (adhesive layer) comprising a particulate polymer (organic particles forming a polymer), a binder, and heat-resistant fine particles (non-conductive particles such as alumina, which the instant application discloses is a heat-resistant fine particle (see paragraphs [0106] and [0111] of the published instant application)) (see abstract and paragraphs [0017], [0028]-[0032], [0096]-[0101], and [0103]), wherein
the particulate polymer includes a polymer A and a polymer B (core and shell units, respectively), the polymer A is a polymer including a (meth)acrylic acid ester monomer unit (such as methyl methacrylate) and an acidic group-containing monomer unit (see paragraphs [0021], [0030]-[0032], and [0036]-[0040]), and
the polymer B is a polymer having a different chemical composition from the polymer A (see paragraphs [0063]-[0065]).
Tanaka further discloses the heat-resistant fine particles are inorganic fine particles (alumina) (see paragraph [0103]).
Tanaka is silent on wherein the particulate polymer has a volume-average particle diameter of more than 1.0 μm and not more than 10.0 μm and wherein the inorganic fine particles have a volume-average particle diameter that is not less than 2% and not more than 25% of the volume-average particle diameter of the particulate polymer.
However, in the same field of endeavor of functional layers in electrochemical devices (batteries) (see abstract), Sasaki discloses a composition for an electrochemical device (secondary battery) functional layer comprising a particulate polymer, a binder, and heat-resistant fine particles (see abstract and paragraphs [0021], [0028]-[0029], [0072]-[0073], [0115], and [0121]),
the particulate polymer includes a polymer A and a polymer B (core and shell units), the polymer A is a polymer including a (meth)acrylic acid ester monomer unit (see paragraphs [0060], [0072]-[0073]), and
the polymer B is a polymer having a different chemical composition from the polymer A (see paragraphs [0060] and [0095]).
Sasaki also discloses the organic particles of the particulate polymer preferably have a volume-average diameter of 0.3 μm or more and 10 µm or less (see paragraph [0058]). This range substantially overlaps and therefore renders obvious the claimed range of the particulate polymer having a volume-average particle diameter of more than 1.0 μm and not more than 10.0 μm.
Sasaki additionally discloses if the volume average diameter is at least the lower limit value, it is possible to increase adhesion of the functional layer, as well as to suppress rises in the internal resistance of the functional layer and if the volume average diameter is no greater than the lower upper limit value, it is possible to improve low-temperature output characteristics, as well as to increase adhesion between the electrode and separator bonded together with the functional layer (see paragraph [0058]). As such, the volume average diameter of the particulate polymer is viewed as 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.).
Sasaki further discloses the volume average particle diameter of the inorganic fine particles is preferably 0.1 μm or more and 0.8 µm or less (see paragraph [0033]). Sasaki additionally discloses the functional layer exerts superior protection function, so that the battery capacity can be increased when the volume average particle diameter of the inorganic fine particles is in the aforementioned range. As such, the volume average diameter of the inorganic fine particles is viewed as 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.).
So, a skilled artisan would be motivated to optimize the volume average diameter of both the particulate polymer and inorganic particles, which would result in optimizing the relationship between the volume average diameter of the particulate polymer and inorganic particles.
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 composition for an electrochemical device functional layer disclosed by Tanaka wherein the particulate polymer has a volume-average particle diameter of more than 1.0 μm and not more than 10.0 μm and wherein the inorganic fine particles have a volume-average particle diameter that is not less than 2% and not more than 25% of the volume-average particle diameter of the particulate polymer, as disclosed by Sasaki, in order to achieve a functional layer with increased adhesion, suppress rises in the internal resistance of the functional layer, and improve low-temperature output characteristics.
Regarding Claim 2, modified Tanaka discloses composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses the acidic group-containing monomer unit of the polymer A is a (meth)acrylic acid monomer unit ((meth)acrylic acid is preferred acid group-containing monomer) (see paragraphs [0036]-[0044]).
Regarding Claim 3, modified Tanaka discloses composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses the polymer A has a glass-transition temperature of 60° C. or above and 80° C or below (see paragraph [0057]). This substantially overlaps and therefore renders obvious the claimed range of wherein the polymer A has a glass-transition temperature of not lower than 60° C. and not higher than 85° C.
Regarding Claim 5, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses the organic particles have a weight-average molecular weight of 100 to 10,000, with a specific example of the molecules having a weight-average molecular weight of 8,000 (see paragraphs [0011], [0022], [0029]-[0030], and [0179]-[0180]).
Tanaka additionally discloses the appropriate weight-average molecular weight results in an adhesive layer which exhibits good adhesion even by heat treatment at lower temperatures for shorter time (see paragraphs [0011] and [0029]-[0030]).
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 composition for an electrochemical device functional layer wherein the polymer A has a weight-average molecular weight falling in the range of not less than 5,000 and not more than 100,000 in order to achieve an adhesive layer which exhibits good adhesion even by heat treatment at lower temperatures for shorter time.
Regarding Claim 6, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses the average ratio of shell coverage on the core outer surface may be 10% or more and 99.9% or less and with the average ratio of shell coverage on the core outer surface falling within this range, it is possible to ensure a good balance between ion conductivity and adhesion in electrolysis solution (see paragraphs [0070]). As such, the shell coverage is viewed as 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.).
Further, Sasaki discloses the average shell thickness in percentage relative to the volume-average particle diameter D50 of the organic particles (core-shell ratio) is preferably 1.5% or more and 30% or less to increase adhesion of the functional layer and improve low-temperature output characteristics of a secondary battery (see paragraph [0108]). As such, the shell thickness is viewed as 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.).
By optimizing the shell (which contains polymer B) coverage and thickness, the proportion of polymer A would also necessarily be optimized as changing the proportion of polymer B via coverage and thickness amount changes the proportion the Polymer A.
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 composition for an electrochemical device functional layer disclosed by Tanaka wherein the particulate polymer includes the polymer A in a proportion of not less than 0.1 mass % and not more than 10 mass % based on the particulate polymer, as taught by Tanaka and Sasaki, in order to ensure a good balance between ion conductivity and adhesion in electrolysis solution as well as to increase adhesion of the functional layer and improve low-temperature output characteristics.
Regarding Claim 7, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses wherein the polymer B includes an aromatic vinyl monomer unit (see paragraphs [0063]-[0065]).
Regarding Claim 9, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses wherein the binder is a polymer including a (meth)acrylic acid ester monomer unit and having a different chemical composition from the polymer A and the polymer B (see paragraphs [0097]-[0100], [0183]-[0184], and Table 1).
Regarding Claim 10, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses a functional layer for an electrochemical device formed using the composition for an electrochemical device functional layer according to aforementioned claim 1 (see abstract and paragraph [0014]).
Regarding Claim 11, modified Tanaka discloses the functional layer for an electrochemical device according to claim 10 (see rejection of claim 10 above). Tanaka further discloses the functional layer comprises heat-resistant fine particles (and as such can be viewed as a heat-resistant fine particle layer) and the particulate polymer (i.e., the particulate polymer is partially embedded in the heat-resistant fine particle layer) (see paragraphs [0102]-[0103]). Tanaka also discloses the thickness of the functional layer may be 3 μm or less (see paragraph [0106]).
Tanaka is silent on a ratio of the volume-average particle diameter of the particulate polymer relative to thickness of the heat-resistant fine particle layer being not less than 1.0 and not more than 5.0.
However, Sasaki discloses the organic particles of the particulate polymer preferably have a volume-average diameter of 0.3 μm or more and 10 µm or less (see paragraph [0058]).
Sasaki additionally discloses if the volume average diameter is at least the lower limit value, it is possible to increase adhesion of the functional layer, as well as to suppress rises in the internal resistance of the functional layer and if the volume average diameter is no greater than the lower upper limit value, it is possible to improve low-temperature output characteristics, as well as to increase adhesion between the electrode and separator bonded together with the functional layer (see paragraph [0058]). As such, the volume average diameter of the particulate polymer is viewed as 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.).
So, the ratio of the volume-average particle diameter of the particulate polymer (as disclosed by Sasaki) relative to thickness of the heat-resistant fine particle layer (as disclosed by Tanaka) may range from 0.1 to 3.33, which overlaps and renders obvious the range of a ratio of the volume-average particle diameter of the particulate polymer relative to thickness of the heat-resistant fine particle layer of not less than 1.0 and not more than 5.0. In optimizing the volume-average particle diameter of the particulate polymer, a skilled artisan would further optimize the aforementioned ratio.
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 composition for an electrochemical device functional layer disclosed by Tanaka wherein ratio of the volume-average particle diameter of the particulate polymer relative to thickness of the heat-resistant fine particle layer is not less than 1.0 and not more than 5.0, as disclosed by Sasaki, in order to achieve a functional layer with increased adhesion, suppress rises in the internal resistance of the functional layer, and improve low-temperature output characteristics.
Regarding Claim 12, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above). Tanaka further discloses using an acrylonitrile polymer in the particulate polymer (see paragraphs [0176]-[0178] and Table 1 Example 7). This is an organic fine particle disclosed in the instant application as an appropriate organic fine particle (see paragraphs [0108]-[0109] of published instant application) and as such meets the criteria for the organic fine particle glass transition temperature and melting point.
Tanaka is silent on as the organic fine particles that having a volume-average particle diameter that is not less than 50% and not more than 150% of the volume-average particle diameter.
However, Sasaki discloses the organic particles preferably have a volume-average diameter of 0.3 μm or more and 10 µm or less (see paragraph [0058]). Sasaki additionally discloses if the volume average diameter is at least the lower limit value, it is possible to increase adhesion of the functional layer, as well as to suppress rises in the internal resistance of the functional layer and if the volume average diameter is no greater than the lower upper limit value, it is possible to improve low-temperature output characteristics, as well as to increase adhesion between the electrode and separator bonded together with the functional layer (see paragraph [0058]). As such, the volume average diameter of the particulate polymer is viewed as 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.). So, a skilled artisan would be motivated to optimize the volume average diameter of the various organic particles, which would result in optimizing the relationship between the various organic particles.
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 composition for an electrochemical device functional layer disclosed by Tanaka to include, as the heat-resistant fine particles, organic fine particles that have a volume-average particle diameter that is not less than 50% and not more than 150% of the volume-average particle diameter of the particulate polymer, as disclosed by Sasaki, in order to achieve a functional layer with increased adhesion, suppress rises in the internal resistance of the functional layer, and improve low-temperature output characteristics.
Regarding Claim 13, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 12 (see rejection of claim 12 above). Tanaka further discloses using an acrylonitrile polymer in the particulate polymer in an amount of 30 parts by mass (see paragraphs [0176]-[0178] and Table 1 Example 7). This falls within and therefore anticipates the claimed range of an amount of the organic fine particles is not less than 20 parts by mass and not more than 1,000 parts by mass relative to the particulate polymer.
Regarding Claim 14, modified Tanaka discloses the composition for an electrochemical device functional layer according to claim 12 (see rejection of claim 12 above). Tanaka further discloses functional layer for an electrochemical device formed using the composition for an electrochemical device functional layer according to the aforementioned claim 12 (see abstract and paragraph [0014]).
Regarding Claim 15, modified Tanaka discloses the functional layer for an electrochemical device according to claim 14 (see rejection of claim 14 above). Tanaka further discloses the functional layer comprises organic fine particles (an acrylonitrile polymer, which is disclosed in the instant application as an appropriate organic fine particle (see paragraphs [0108]-[0109] of published instant application)) serving as the heat-resistant fine particles (and as such can be viewed as a heat-resistant fine particle layer) and the particulate polymer (i.e., the particulate polymer is partially embedded in the heat-resistant fine particle layer) (see paragraphs [0176]-[00178] and Table 1 Example 7). Tanaka also discloses the thickness of the functional layer may be 3 μm or less (see paragraph [0106]).
Tanaka is silent on a ratio of the volume-average particle diameter of the particulate polymer relative to thickness of the heat-resistant fine particle layer being not less than 1.0 and not more than 5.0.
However, Sasaki discloses the organic particles of the particulate polymer preferably have a volume-average diameter of 0.3 μm or more and 10 µm or less (see paragraph [0058]).
Sasaki additionally discloses if the volume average diameter is at least the lower limit value, it is possible to increase adhesion of the functional layer, as well as to suppress rises in the internal resistance of the functional layer and if the volume average diameter is no greater than the lower upper limit value, it is possible to improve low-temperature output characteristics, as well as to increase adhesion between the electrode and separator bonded together with the functional layer (see paragraph [0058]). As such, the volume average diameter of the particulate polymer is viewed as 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.).
So, the ratio of the volume-average particle diameter of the particulate polymer (as disclosed by Sasaki) relative to thickness of the heat-resistant fine particle layer (as disclosed by Tanaka) may range from 0.1 to 3.33, which overlaps and renders obvious the range of a ratio of the volume-average particle diameter of the particulate polymer relative to thickness of the heat-resistant fine particle layer of not less than 1.0 and not more than 5.0. In optimizing the volume-average particle diameter of the particulate polymer, a skilled artisan would further optimize the aforementioned ratio.
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 composition for an electrochemical device functional layer disclosed by Tanaka wherein ratio of the volume-average particle diameter of the particulate polymer relative to thickness of the heat-resistant fine particle layer is not less than 1.0 and not more than 5.0, as disclosed by Sasaki, in order to achieve a functional layer with increased adhesion, suppress rises in the internal resistance of the functional layer, and improve low-temperature output characteristics.
Regarding Claim 16, modified Tanaka discloses the functional layer for an electrochemical device according to claim 10 (see rejection of claim 10 above). Tanaka further discloses a laminate for an electrochemical device comprising: a substrate; and a functional layer for an electrochemical device formed on the substrate, wherein the functional layer for an electrochemical device is the functional layer for an electrochemical device according to the aforementioned claim 10 (see paragraphs [0109]-[0112]).
Regarding Claim 17, modified Tanaka discloses the laminate for an electrochemical device according to claim 16 (see rejection of claim 16 above). Tanaka further discloses an electrochemical device comprising the laminate for an electrochemical device according to the aforementioned claim 16 (see paragraphs [0109]-[0112] and [0117]-[0119]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka in view of Sasaki, as applied to Claim 1 above, and further in view of Martin-Martinez, Rubber base adhesives, 2002, Adhesion Science and Engineering, Volume 2, Pages 615-616 (hereinafter “Martin-Martinez”).
Regarding Claim 4, modified Tanaka discloses composition for an electrochemical device functional layer according to claim 1 (see rejection of claim 1 above).
Tanaka is silent on wherein the polymer A has an acid value of not less than 0.5 mg KOH/g and not more than 7 mg KOH/g.
However, in the same field of endeavor of acid values, Martin-Martinez discloses the acid value (acid number) allows control of the deterioration by oxidation with formation of carbonyl and carboxyl groups (see pages 615-616 Section 4.2.3.5). As such, the acid value is viewed as 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 composition for an electrochemical device functional layer disclosed by Tanaka wherein the polymer A has an acid value of not less than 0.5 mg KOH/g and not more than 7 mg KOH/g, as disclosed by Martin-Martinez, in order to control of the deterioration by oxidation with formation of carbonyl and carboxyl groups.
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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